IAS Appeal dismissal

Roshi

Hi

I now have the Claim form from county court .. panicking slightly.

I have acknowledged online but no written a defense yet can you help ?!?!?!

Many thanks

Roshi

Hi

Its been a while...like you said it would be

I have the court paper now

Any chance You could offer some advise and help me with my defense

[Deleted User]

It's time for you to do your homework. Your defence is likely to include:

(a) Forbidding signs - read more here https://bmpa.zendesk.com/hc/en-us/articles/208607905--Forbidding-Signs

(b) Entitlement to use of the land - assuming your tenancy/leasehold provides for it, there is an argument that provision to pass and repass over the land does not prohibit parking (and unless the terms of the property do expressly forbid it).

Roshi

Hi


Thank you for your reply.

I will read over the sign, I am easily confused by all of this and don't understand a lot of it . I assume they actually rely on people not understanding the signage

One thing that I mentioned in my original appeal was that the signage has an accredited logo from the BPA on it and they aren't actually accredited they are members only ...could this be used in my defense. I spoke with the BPA and they have emailed me the logo that they are allowed to use and have said that the one they do use they aren't meant to



Thanks in advance

Umkomaas

You need to get yourself up to speed with this. There’s comprehensive advice and guidance provided for dealing with court cases in the NEWBIES FAQ sticky, post #2. That has to be your ‘Bible’ from here on to ensure you are dealing with everything you need to deal with.

One thing that I mentioned in my original appeal was that the signage has an accredited logo from the BPA on it and they aren't actually accredited they are members only ...could this be used in my defense. I spoke with the BPA and they have emailed me the logo that they are allowed to use and have said that the one they do use they aren't meant to

It might help if a judge is going to be particularly picky, but there are much stronger defence points, as suggested by Johnersh (above) and others you will find in post #2 of the sticky, pertaining to residential PCNs.

Have you taken photos of the signage to back up your point about the logo - that I’d suggest will be essential if you are to build the logo issue into your defence. (Please note correct spelling of *DEFENCE’. We are not in the USA. )

Roshi

Thank you

Yes I have pictures and the original emails from the BPA in regards to the signage

I will read sticky post #2

Thanks for the grammar point

Roshi

The_Deep

If someone claims membership of a trade body of which they are not members, then surely this is a matter for Trading Standards as well.

Roshi

Yes would assume so. I have reported them to the BPA and they said they would contact them and ask them to remove. As of yesterday the signs remain the same. I reported them in December 2016

I also wrote this in my original appeal and their ( UK CPM ) response was they have hundreds of signs up across the UK and can not change them all

I am shocked that this cannot be my defence I would have thought their signage being incorrect would invalidate any parking charges ... as it states " you are contractually agreeing to pay " ... yes with a BPA accredited company of which they aren't

Roshi

[FONT=&quot]I have read the Newbies post ( the sub headings under #2) and I am seriously lost as to what example applies to me and my defence. Please feel free to roll your eyes at me … I can imagine it’s frustrating that I am not understanding all this

Can anyone advise me, I am clearly not understanding. I feel like I should just pay now as I can’t see my winning anything in court [/FONT]

safarmuk

Were you parked in your allocated space (that comes with the flat), a pool parking space or on the road in the estate where your flat is?

Are you an owner (you would have a lease) or a tenant (you would have an Assured Shorthold Tenancy agreement)? Whichever it is you need to check what it says on parking.

it would not alter the terms, or the fact the Appellant agreed to them by parking as they did.

So this will boil down to whether the contract the PPC want to bind you to is valid. Look at the host of other "Residential Parking" or "Own Space" threads so you understand better.