IAS APPEAL....feedback appreciated

KeithP

Southernsoftie_jo wrote: »

Any thoughts on next step?

Thanks for any advice, it is much appreciated.

My thoughts/advice hasn't changed. See post #70.

Just make a note of their failings, they may come in handy later.

Southernsoftie_jo

Thanks KeithP, so just to clarify, do you suggest ignoring again? Wait patiently for court papers to arrive?

Am happy to just keep sending letters back and forth and see who gets bored first.

Are we now at the point of they either issue court papers, or they don't?

beamerguy

Southernsoftie_jo wrote: »

Thanks KeithP, so just to clarify, do you suggest ignoring again? Wait patiently for court papers to arrive?

Am happy to just keep sending letters back and forth and see who gets bored first.

Are we now at the point of they either issue court papers, or they don't?

If they have ignored your requests, then it's tennis until
they do.

With the Gladstones losses of late, one must wonder if
they can't read, don't understand, or a total lack of
knowledge

nosferatu1001

Respond back
Note their failings, and enclosing a copy of your letter for their reference
Point out that,d espite their assertions otherwise, no copy of the signs were enclosed

POint out that they had 30 days to provide the documetns OR to state why they cannot. As thy have not explained why they have not supplied X, Y, Z then they still have AA days let to get this to you.

Southernsoftie_jo

Thanks both.

What's the general consensus please on sending letters, ought they to be signed for or by law is my letter considered as having been sent and received?

Cheers

KeithP

Never ever send any letter by any signed for service.

All that does is allow the intended recipient to refuse to sign and then the item isn't delivered. All you then have is proof of non-delivery - not quite what you want.

Send it standard first class and get a free Certificate of Posting from the Post Office counter. The item is deemed delivered two working days later and it is for the PPC to prove otherwise.

Snakes_Belly

@Southern. I am at a similar stage to yourself in the process and like yourself I have been through two appeals process. Since the LBC I have sent a rebuttal and two further letters. I would draw your attention to this taken from the newbies thread.

'DO RESPOND - if it later goes to a hearing then the Judge will see this correspondence. Seize the moment to point out how the firm have been unreasonable, and not complied with the new pre-action protocol for debt claims:'

I have also put comments in my letters about the lack of impartiality of the IAS. I have used the Dracula quote. Naturally your case is different but we have both gone through the bruising experience of appealing to IAS and this is something that the claimant's representative may pick up on.

Southernsoftie_jo

Thanks @Snakes for pointing that out. Keep us posted with your progress!

Southernsoftie_jo

Quick query re 'grace periods' when parking.....

The main issue with this alleged offence is that no permit was displayed when parked on private land.

But the vehicle was not parked for more than 10 mins. They have a photo showing where it was parked and the time, and the lack of permit, but they do not have evidence of it being there over 10 mins (because it wasn't!)

Is this a valid point? If so, is it up to me to prove it wasn't there (not sure how that's achieved) or for them to prove it was?

Thanks!

KeithP

It's for them to prove their case.
Surely what happened is that you decided to park there, but found that you didn't have a permit so moved on within the grace period.