Appeal to IAS (VCS)

Horgy

Hi folks,

I'm currently in the process of appealing a parking charge for my partner, who didn't display a ticket in a car park managed by VCS as the machine was not working. Not only was it not working, but it was rusty! The signage inferred she could only pay at THAT machine and through no other means. We appealed to VCS but they have (of course) thrown it back and said to appeal to IAS.

I'm happy to talk through the nitty gritty of the details when it comes to it, but for now my question is this:

On the IAS website after you write the text, you have to accept some tick boxes to proceed with the appeal. One of them is for the terms and the terms include the following:

"2.5 Pursuant to section 69 of the Arbitration Act 1996, by entering arbitral proceedings, both the Trader and the Consumer agree;

2.5.1 to have no ability to appeal an award made in proceedings under these Rules;

2.5.2 to dispense with any need for reasons for the tribunal’s award; and,

2.5.3 to exclude the court’s jurisdiction under sections 42, 44 and 45 of the Arbitration Act 1996.

2.6 Pursuant to section 73 of the Arbitration Act 1996, by entering arbitral proceedings, both the Trader and the Consumer agree that neither party shall be able to raise any objection- (a) that the tribunal lacks substantive jurisdiction, (b) that the proceedings have been improperly conducted, (c) that there has been a failure to comply with the arbitration agreement or with any provision of this Part, or (d) that there has been any other irregularity affecting the tribunal or the proceedings, at any point after the Arbitration is concluded."

Does this mean that I can't take it to court if i disagree with the findings? Also does it mean if I CAN take it to court, the judge can't make a generalised rule in law because I have given up my right for him to make a general statement? I obviously disagree with the jurisdiction point, as IAS and VCS are based out of the same building!

Would like advice before I press the tick button to accept.

Umkomaas

If you look at all those 'get out' clauses, you will perhaps realise why most serious commentators on private parking issues conclude that the IAS is akin to a kangaroo court and should be avoided.

The prospects of winning an appeal there is less than 20% - and those cases normally have irrefutable evidence. If it's your word against the PPC, the PPC will every time.

Does this mean that I can't take it to court if i disagree with the findings?

With or without that clause, why and on what grounds would you take this to court?

Read the NEWBIES FAQ sticky, post #4, which discusses the cons and cons of appealing to the IAS.

yotmon

That would put me off having anything to do with them !

First things first, you say that you have already appealed - did u use the pro-forma appeal form this forum or did u write your own. if the latter, did you name the driver ? Hopefully not as vcs do not follow the pofa 2012 guidelines so technically can only pursue the driver.

Have a read of the newbie section and then decide whether it is wise/worthwhile to appeal to the not so IAS. In any case, I bet you a shiny £1.00 coin that you would lose.

Horgy

Well I wouldn't take it to court, but if they started sending letters I wouldn't like to think they could point to the IAS appeal and say I waived some of my rights.

Unfortunately, although I didn't name the driver specifically, it said "I parked my car" etc. So it's there by inference. I'll pop up my original appeal and you can take a look. In the meantime I might just write back to VCS telling them I decline the opportunity to appeal to IAS as I do not agree with their terms, if people think that is the best thing to do.

Thanks for your help!

Horgy

Hmm it would seem as a new user I can't post links

Fruitcake

Horgy wrote: »

Hmm it would seem as a new user I can't post links

Upload redacted images to a web hosting site such as tinypic or photobucket (register in a made up name) then post the URL here but change http to hxxp. Someone here will then change it back to a live link.

Coupon-mad

Is that the non-standard IAS? Why are you even contemplating it? No-one here would.

Horgy

hxxps://drive.google.com/open?id=0B_L7-DgHGDTwOGoyZlhNNmJCdjA

Coupon-mad

I wouldn't like to think they could point to the IAS appeal and say I waived some of my rights.

You will not have - the IPC, the IAS and Gladstones solicitors all have the same two 'controlling minds' and they are not on your side.

But I can see your case is a little unusual with misleading signs & a non-operating machine. If you want to try IAS, you MUST include lots of evidence of the signs and the rusty machine not attached to any electrical supply.

It is (just about, if you get the golden ticket) possible to win an odd IAS appeal on terrible signage but you would have to line up so much evidence to win it - proving everything you say, or the IAS will say that you haven't met the level of evidence they expect.

salmosalaris

if the RK was not the driver there is another angle

Coupon-mad

Yes except the IAS will spout Elliott v Loake, following the 'controlling minds' line.