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Parking Control Management IAS Appeal - High Point Village Hayes

swindon87
swindon87 Posts: 167 Forumite
edited 19 July 2018 at 2:49PM in Parking tickets, fines & parking
Hi,

NTK was recieved for briefly stopping and dropping off a passenger in road (not on any road markings), which lasted roughly 3 minutes. The site was High Point Village in Hayes, Middlesex. The sign on the opposite side of the road states "no dropping off, no stopping and no grace period".

I sent the standard MSE appeal, then waited for the rejection. I would like a bit of help with the IAS appeal please. I understand to make my appeal strong I should come from a point of law, as they don't consider mitigating circustances. The only point I have so far is, breach of the IPC COD, in regards to the "no grace period". I also believe the car is not parked, if car has stopped in road and driver had not left vehicle (correct me, if I am wrong). I am only making an IAS Appeal as the Newbies thread said it is worth a shot with PCM, otherwise I would wait for court letters.

Has anyone else had a successful appeal with IAS and have some strong points for me to include please?

Many thanks

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    swindon87 wrote: »
    I also believe the car is not parked, if car has stopped in road and driver had not left vehicle (correct me, if I am wrong). …..
    Your "belief" of what constitutes "parking" is wrong!
  • Umkomaas
    Umkomaas Posts: 44,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I sent the standard MSE appeal,
    Which one is this?
    I would like a bit of help with the IAS appeal please.
    IAS appeals are futile - you will lose, and it's unlikely that any regular contributor here will waste time in assisting you. Sorry.

    Doesn't mean you have to pay the charge. Please read the NEWBIES FAQ sticky, post #3 which gives you more details on (not) appealing to the IAS.
    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
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 19 July 2018 at 5:31PM
    There is a "special case" when the FAQ does suggest an appeal to IAS which the OP refers to


    (#1 in the FAQ)

    Coupon-mad wrote: »

    Q - ''My PCN is from an IPC member, should I really not try IAS, and why not?''

    A - If it's PCM then give it a go.....
  • Umkomaas
    Umkomaas Posts: 44,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Let's see how it goes.
    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
  • swindon87
    swindon87 Posts: 167 Forumite
    Quentin wrote: »
    Your "belief" of what constitutes "parking" is wrong!

    Would you like to explain what constitutes parking please?

    The Oxford Dictionary states:
    "Bring (a vehicle that one is driving) to a halt and leave it temporarily, typically in a car park or by the side of the road."
  • Coupon-mad
    Coupon-mad Posts: 159,956 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 July 2018 at 5:29PM
    We are going from our knowledge of parking tickets, including from Councils. If you stop, you are waiting or parked, and there being someone in the car or the engine running is irrelevant.

    So for instance if you stopped in a no-stopping zone or red route, you get a TFL PCN in London and you can't get off it by saying ''I was in the car''.

    However, PCM cases are often predatory and we do suggest IAS just to put the pressure on them to produce their evidence. If you lose, so what, they'd have sued you anyway and court is where a consumer is most likely to win.

    Why not search PCM High Point Village to read other threads from people like you. Not a single person here would tell you to pay this ''outrageous scam'' (Hansard 2.2.18).
    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
  • swindon87
    swindon87 Posts: 167 Forumite
    Umkomaas wrote: »
    Which one is this?


    IAS appeals are futile - you will lose, and it's unlikely that any regular contributor here will waste time in assisting you. Sorry.

    Doesn't mean you have to pay the charge. Please read the NEWBIES FAQ sticky, post #3 which gives you more details on (not) appealing to the IAS.

    I used the "Template appeal for BPA or IPC members" in the newbies thread.

    The newbies thread clearly states an IAS appeal is worth a try IF the parking company is PCM. So why would you suggest otherwise?
  • Coupon-mad
    Coupon-mad Posts: 159,956 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Wow you come across as unnecessarily critical! We are all trying to help you in our own free time.

    Umkomaas is suggesting otherwise because people lose at IAS and the advice is 99% don't try. So our answer is usually not to bother with iPC cases...

    ...except when it's PCM, when you can show the charge is predatory, it's worth a try with your eyes open, knowing if you lose it doesn't affect winning later in court.

    Or, ignore them and deal with it when they sue, and you will 99% likely win anyway.
    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
  • Quentin
    Quentin Posts: 40,405 Forumite
    swindon87 wrote: »
    Would you like to explain what constitutes parking please?

    The Oxford Dictionary states:
    "Bring (a vehicle that one is driving) to a halt and leave it temporarily, typically in a car park or by the side of the road."

    That won't help you get out of paying for parking!

    You stop your car in a car park for an hour.then it's parked irrespective of whether or not the driver sits in it for the hour.
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