Two Tickets Appealed For One Offence With IAS 1 Rejected 1 Allowed However...

lucybutterly

These two tickets were sent by post and the first one was for a time later in the day than the second one which was earlier and there was 4 days between the issuing of these two tickets.
The IAS allowed the first because and I quote " I am allowing this appeal on the basis that it is the second parking charge issued to the appellant on the same day. I have dismissed the appeal regarding the incident at 9:15 the same day, but a further parking charge should not be issued for later the same day. The images are not clear enough for me to be able to determine whether the vehicle is parked in the same bay or has been moved since the earlier parking charge was issued. Therefore I am giving the benefit of the doubt to the appellant" ...

So, surely it does not matter what time the reported incident happened, but because the ticket was issued by post after the initial one it should have also been rejected as it was in fact the actual second ticket... Also that the same person dealt with two cases by the same person which also seems unfair...

I was thinking about appealing to the financial ombudsman because surely this just seems dodgy as hell.

The parking company have already two days after posted me yet another demand for payment despite having more than likely having read the adjudicators comments and realising they have clearly made a mess up with it....

And just to re-iterate, the pictures for the first ticket are totally unclear in that you can't see either the make, model or colour of the car, where it was parked and only brightly illuminated number plate at night.
The second was during the day but there's only a picture of the rear of the car in the car park and none of the windscreen despite the fact they've issued the charge for non-displaying of a valid permit.
There are a whole host of other reasons I put in the appeal but anyway.

It's a private car park.
The parking company is UK Car Parking Management Limited AKA UK-CPM

What is everyone's advice? I'm sure it'd get thrown out in court if I let it get that far but in the meantime is it worth applying to the Financial Ombudsman?

lucybutterly

Oh and just to add for everyone else's information because I haven't seen it on here anywhere, everything to do with the IAS and IPC websites has copy and paste protection so be prepared to spend a lot of time typing your initial appeal then re-typing it on the official website....

Quentin

FOS won't intervene! (Not their concern)


You should read up in the newbies faq thread to understand this "game"


Now you wait and see if they take court action. Otherwise ignore all debt collectors

Coupon-mad

lucybutterly wrote: »

Oh and just to add for everyone else's information because I haven't seen it on here anywhere, everything to do with the IAS and IPC websites has copy and paste protection so be prepared to spend a lot of time typing your initial appeal then re-typing it on the official website....

'Official' website? The IAS? Why did you do that? No-one suggests the IAS, read the NEWBIES thread post #1 about 'Small claims?' because Gladstones solicitors will now send you a letter before claim and a court claim from UKCPM (and guess who runs Gladstones...yep, the same people who run the IPC and IAS). NEWBIES FAQS post #3 deals with the IAS and why NOT to use it because it puts you on the back foot.

You do need to read more of what we have here already, because you will be defending a useless Gladstones claim that is pretty much there for the winning. Tons of cases here, none lost v Gladstones to date, not when well defended.

Search 'Gladstones Hurley IPC controlling minds' in this forum and you will find what you need to know, in readiness. No point appealing further but when we say that, to be clear, we are NOT saying people should pay!

lucybutterly

You say don't use the IAS but when the judge asks in court why you didn't use it you need a better claim than saying "this person said it was unfair" with no cases as of yet brought against them to prove it. And yes I read the whole newbies thing which incidentally was undergoing a load of changes whilst I had to deal with this so no it wasn't useful as I used the initial letter to the parking operator which they of course rejected.
And clearly I read it or I would not have spent literally hours of my life writing those appeals out and managing to win one of them against the so called dodgy IAS...

Coupon-mad

We know what we are doing and we will help you too!

Point #5 of this defence covers the issue of why a person does NOT try IAS and explains it to the Judge quite clearly:

https://forums.moneysavingexpert.com/discussion/comment/71851974#Comment_71851974

''5. It is common knowledge that there is no fair ‘appeal’ available so this unfair charge would never have been cancelled. The same ‘controlling minds’ run this Claimant’s Trade Body as run the notorious IPC ‘Appeals Service’ (IAS) in direct competition with the British Parking Association’s version. This is widely seen as a ‘race to the bottom’ which the Department of Communities and Local Government has pledged to end, as part of their response to last year’s consultation, designed to curtail the rogue practices of some IPC and BPA member firms. Such a set-up is incapable of providing any fair means for motorists to challenge parking charges on private land so it is contended that the Claimant - having filed a robo-claim with no evidence nor scrutiny of any facts nor cause of action - do not come to this matter with clean hands.''

And yes I read the whole newbies thing which incidentally was undergoing a load of changes whilst I had to deal with this so no it wasn't useful

Sorry about that, I do it in my own time after my full time job in a school and around being a wife and Mum looking after my family of six. Sometimes it needs updating, better that I update it than leave it out of date.

And clearly I read it or I would not have spent literally hours of my life writing those appeals out and managing to win one of them against the so called dodgy IAS...

But post #3 of it deals with the IAS and I have not suggested people try IAS since just after it started and we realised it's not consumer-friendly. If you had asked we would have said, no IAS.

Anyway, we will still help you. You can see we know what we are doing with defences like that, people do NOT risk a CCJ as long as they don't ignore a claim (defending it doesn't affect your credit rating at all, even if you lose at a hearing). And we've never lost v Gladstones solicitors, who are run by the IAS/IPC chaps themselves and file the odd flawed claim for UKCPM. Never lost one.