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IAS Appeal - help needed

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Comments

  • Umkomaas
    Umkomaas Posts: 43,445 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 July 2017 at 10:52PM
    LauraV wrote: »
    Thank you so much for your help. Il let you know how it goes

    Please do. There are many who milk every drop of detailed advice, given entirely by volunteers for free in their own time, and who just seemingly do not have the basic courtesy to update us on the final outcome of their case.

    Take all, give nowt back Britain! Sod 'em, now I'm sorted!

    (Rant over!). :)

    Good luck with your appeal to the (not so) Independent Appeals Service.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    So the parking company have submitted their evidence which is basically just all the photographs and the same response which I had in my appeal rejection letter.
    Do I respond? Shall I mention my lease as my counter argument?
  • Coupon-mad
    Coupon-mad Posts: 152,862 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 July 2017 at 4:09PM
    Just reiterate that their case is fatally flawed by the wrong location on the PCN which cannot be considered properly given under any applicable law, or rule of contract law, nor is it even close to being compliant with the IPC Code of Practice.

    Did they include a copy of the PCN with the wrong location on it or have they side-stepped providing it?

    If they didn't show the NTD, I would show the IAS a copy and say it appears the parking company withheld it from evidence to hide the fact the location on it was 15 miles away.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    They did actually include a copy of it with the wrong location. Il write and reply and then see what you think
  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    How's this?

    The case submitted by Parking & Property Management Ltd (PPM) is fatally flawed by the wrong location being recorded on the PCN. This cannot be considered properly given under any applicable law of rule of contract law nor is it even close to being compliant with the IPC Code of Practice.

    In addition to which the lease for my property states: 'Schedule 3.1 - The right for the leaseholder and all persons authorised by the leaseholder (in common with all other persons entitled to the like right) at all times to use the Common Parts for all purposes incidental to the occupation and enjoyment of the premises and the visitors parking space (but not further or otherwise)'
    At no point does the lease refer to having to display a valid permit and the lease has precedence over the parking scheme due to primacy of contract. The terms of the lease cannot be varied by PPM and if a variation of contract has been made, there is not written notification to prove that I agreed to it.
  • Coupon-mad
    Coupon-mad Posts: 152,862 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just a typo which was my fault, should be:
    under any applicable law, or rule of contract law,
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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