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NCP Car Park - Glasgow Fine

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Comments

  • Umkomaas
    Umkomaas Posts: 43,634 Forumite
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    Johno100 wrote: »
    Well are there any other ADRs out there (other than The Ombudsman Service Limited who operate POPLA) who do or have ever dealt with parking matters NCP could have chosen?

    Pass, I haven’t looked, neither have NCP, I’d hazard!
    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
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    Umkomaas wrote: »
    Pass, I haven’t looked, neither have NCP, I’d hazard!

    Yes most likely, particularly as its reputation precedes it.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    Johno100 wrote: »
    Yes, but the law(s) you refer to relate only to their operations in England & Wales.



    But by that logic, as the BPA don't offer POPLA in Scotland, then all BPA AOS members operating in Scotland "have broken the law".



    What do you mean "can't be heard"? As we have already determined POPLA is not available in Scotland, so clearly NCP who no doubt believe they are a responsible parking company want to offer a secondary appeal system to those they ticket. Like it or not the IAS is a certified Alternative Dispute Resolution entity under the UK wide Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 and so are perfectly able to hear such cases.

    I'm sure if NCP were offering and using another ADR, one that was fair and competent to deal with parking matters, for cases in Scotland we would probably be welcoming that on this board. Sadly they chose the IAS.


    does the reading not state england/wales and not the "UK"
    Save a Rachael

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  • Johno100
    Johno100 Posts: 5,259 Forumite
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    pappa_golf wrote: »
    does the reading not state england/wales and not the "UK"

    Nope, that's probably because it was brought in to implement an EU directive and thus the legislation is made UK wide.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    I dispute that , the incident happened in scotland and the IAS is not on the list of recognized ADR available for people in scotland (funding criteria)
    Save a Rachael

    buy a share in crapita
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    edited 29 October 2017 at 2:31PM
    pappa_golf wrote: »
    I dispute that , the incident happened in scotland and the IAS is not on the list of recognized ADR available for people in scotland (funding criteria)

    What list?

    So you are now saying that not only are BPA AOS members breaking the law by not offering an independent appeal service in Scotland but IPC AOS members are also breaking the law by using the IAS there?

    And here are the IAS on the EU wide list of dispute resolution bodies and that says they can operate UK wide.

    https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show
    (Second page of the UK list)
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    a wierd remark on scottish citizens advice

    If your informal appeal is rejected

    If a parking operator rejects your appeal, you may be able to appeal to the Independent Appeals Service (IAS) run by the International Parking Community (IPC). The IAS has Alternative Dispute Resolution (ADR) accreditation from Trading Standards, which means that members of the public who have disputes with any parking operators, not just IPC members, can appeal to the IAS as long as the parking operator is willing to take part.

    If you have made an appeal directly to the parking operator, and that appeal has been rejected, you can use the IAS service free of charge providing you make your appeal to the IAS within 21 days of the rejection.

    the BPA and POPLa are clearly NOT included on the page

    https://www.citizensadvice.org.uk/scotland/law-and-courts/parking-tickets/appealing-parking-tickets/parking-tickets-on-private-land-s/
    Save a Rachael

    buy a share in crapita
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    Not sure how that supports your previous assertions.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    This is just example of the CAB types.

    I doubt they even understand about the trash from the IAS
This discussion has been closed.
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