Pcn ias appeal draft - advice needed

milliem21

I have 2 PCNS From ES Parking Enforcement LTD.
Both for the ticket being the wrong way up on the dashboard. I am writing an appeal to the IAS. I have started a draft and would be really appreciative if anyone could give me their advice/opinion on what else I should include? I have already stupidly admitted I was the driver in a panic when I first got the PCNS.
I know some say it is not worth appealing to IAS but I figured it was worth to give it a go and my parents are really pushing me to appeal it. I am not a expert at all and have very little knowledge on appealing/parking tickets so please understand this with my draft...

To whom it may concern:

I am the registered keeper of vehicle YG60 YVM.

I have responded to the PCN from ES Parking LTD in which it was 'declined' on the 30/10/2017. I was informed to further contact the IAS.

I would like to appeal this notice on the following points:
1) Valid pay and display ticket purchased
2) No genuine pre-estimate of loss

Enclosed is a copy of the pay and display ticket that I purchased and displayed for inspection. It can clearly be seen that I paid the appropriate fee and that my ticket was valid when the officer inspected my vehicle.

On the photos that you have provided on the website it can clearly be seen that the back of my pay and display ticket shows a serial number - XXXXXX. If you check this number against the copy of the pay and display ticket enclosed you will see that it clearly matches. This is conclusive proof that my ticket was on display and valid at the time of inspection.

2) No genuine pre-estimate of loss

The DfT Guidance and the BPA Code of Practice require that a parking charge for an alleged breach must be an estimate of losses flowing from the incident. ES Parking Enforcement LTD cannot change this requirement so they have no option but to provide their genuine pre-estimate of loss for this charge (GEPOL), not a subsequently penned 'commercial justification' statement they may have devised afterwards (since this would not be a pre-estimate):

The British Parking Association Code of Practice uses the word 'MUST' in outlining genuine pre-estimate of loss:

"19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the GEPOL that you suffer.''

ES Parking Enforcement LTD state that the charge is for not complying with the conditions set out, so the operator must prove that the charge is a GEPOL. The landowner/occupier (not their agent) can only pursue liquidated damages directly flowing from the parking event. However, as a full day ticket was purchased and this is addressed in point 1 it is clear that no profit loss has been made to the company.

Therefore I request that the appeal is accepted



Also unsure whether to include a point around the flimsy ticket?? something like ..
The tickets which were provided provide difficulty in meeting the conditions set out due to the flimsy nature and lack of adhesive to ensure the ticket is kept upright. Therefore providing a issue with the company and not the driver.

nosferatu1001

EVERYONE says to not appeal to the IAS. It is a complete sham of an appeal. Newbies section if you really wish to put together an appeal to the IAS, but you will come out with a rejection and may just make them think you'll roll over.

milliem21

Thanks but I sent the draft in which can be seen on my original thread and the appeal was allowed so I don't think everyone should be advised against!

alanjuk

If that is your real reg number in your post, you'd be advised to edit your post to remove it

[Deleted User]

IAS appeal successful for both tickets?

KeithP

milliem21 wrote: »

Thanks but I sent the draft in which can be seen on my original thread and the appeal was allowed so I don't think everyone should be advised against!

Why did you post the draft here?
It clearly wasn't for advice/opinion as you stated.

Eighteen minutes after posting your draft here you got a response suggesting to appeal was futile.

You totally ignored that opinion, without even an acknowledgement, and sent your appeal.

What a waste of effort.

Please post up your appeal response.
Seeing a successful IAS appeal response is a rarity.

DoaM

OP's previous thread.

https://forums.moneysavingexpert.com/discussion/5738138

Umkomaas

milliem21 wrote: »

Thanks but I sent the draft in which can be seen on my original thread and the appeal was allowed so I don't think everyone should be advised against!

I’m struggling to find this credible, but as always, happy to be proved wrong.

A few things don’t add up.

1. A two-point appeal with little ‘weight’.

2. Appeal point #2:

2) No genuine pre-estimate of loss

Has been a ‘dead in the water’ appeal point since Beavis two years ago, and even before Beavis, the IAS always dismissed it. Never seen one won on no GPEOL.

3. Quoting from the BPA Code of Practice, which has no relevance or regulatory imperative on ESPEL as IPC members, to support the appeal.

The DfT Guidance and the BPA Code of Practice require that a parking charge for an alleged breach must be an estimate of losses flowing from the incident. ES Parking Enforcement LTD cannot change this requirement so they have no option but to provide their genuine pre-estimate of loss for this charge (GEPOL), not a subsequently penned 'commercial justification' statement they may have devised afterwards (since this would not be a pre-estimate):

The British Parking Association Code of Practice uses the word 'MUST' in outlining genuine pre-estimate of loss:

"19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the GEPOL that you suffer.''

@OP - please amaze me and show us the appeal you submitted to the IAS as well as a transcript of the IAS assessor’s determination.

milliem21

I’m sorry but why was it a bad decision to send it in if my appeals have been allowed? Struggling to see why I’ve received bad such negative response rather unessecary 🙄

Umkomaas

milliem21 wrote: »

I’m sorry but why was it a bad decision to send it in if my appeals have been allowed? Struggling to see why I’ve received bad such negative response rather unessecary 🙄

Let’s see the appeal and the decision please. You seem to be a bit shy in showing it.