Help with IAS Appeals process

Umkomaas

shawon007 wrote: »

I have been notified by IAS that both appeals have been declined.

Do you think I should I send it straight to arbitration or respond to the appeal?

'Arbitration'? You have no access to arbitration, unless the PPC commences court proceedings against you.

'Respond to the appeal'? To whom and how do you do that? Do you mean 'respond to the decision'? If so, to whom, and what do you hope to achieve?

shawon007

Umkomaas wrote: »

'Arbitration'? You have no access to arbitration, unless the PPC commences court proceedings against you.

'Respond to the appeal'? To whom and how do you do that? Do you mean 'respond to the decision'? If so, to whom, and what do you hope to achieve?

Yes, I meant respond to the decision to the parking operator. I was planning to mention that the other appeal which is exactly worded the same and with the same photo evidence has been accepted, so the operator should accept the appeals they rejected.

Umkomaas

so the operator should accept the appeals they rejected.

I'd eat my leg if they did.

Try it if you wish. Let us know how you get on.

Ralph-y

if you really want to do some thing ...


then watch/read the below then complain to your MP....






https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

and slightly longer, the committee stage

https://www.parliamentlive.tv/Event/Index/d5550515-cce9-4185-83ec-754dadb7524a

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

and some quotes from the committe stage

"The other area is hospital parking, and I want to single out one company for some pretty shady practices. That is ParkingEye"
" is very clear to me that there is collusion between parking companies and solicitors’ firms—so-called roboclaims companies. "
"They are often set up adjacently and involve the same directors and personnel. Incidentally, the same personnel get involved in the so-called appeals bodies."
"Essentially, it is a money-making enterprise that takes advantage of motorists up and down the country. They operate in a very business-like fashion, which is why I call them roboclaims companies."
"The companies are jamming up parts of our legal system."
“I now pretty much know exactly how the parking companies and in particular the IPC have been running this scam for the past 5 years. Basically both of the appeals processes are a complete and utter sham, (and part of that sham is Gladstones Solicitors itself)”
"The appeals process at Excel/VCS is run by a team of minimum wage office workers with no legal knowledge or experience whatsoever,"
" It is claimed by the head of the appeals service (retired Judge Bryn Holloway) that this is a completely independent fair process, it is not”
"The letter mentions two individuals—Will Hurley and Bryn Holloway—and concludes this is a typical example of the clear collusion between the IPC, their members and the IAS"
"what we can do about roboclaims companies and solicitors firms that profit, often in shady ways"
" the very large amounts of money that can be involved in such scams—a company called Smart Parking was involved in one such scam on my patch"
"tightening up the rules regarding the unfair use of automatic number plate recognition" "BW Legal, regularly issues 10,000 county court judgments a month, and is known to have issued 28,000 in one month"
"They are jamming up our court system, and are often totally unjustified."
" because the lifeblood of trying to extort money from people is having access to their details."

All from Parking (Code of Practice) Bill (First sitting) Hansard







Ralph:cool:

Coupon-mad

Just ignore it and defend the case in court, and win.

shawon007

Hi guys,


So I have received a court claim in respect to the above ticket.


I have acknowledged service using MCOL and now have to write a defence.


Just some quick questions:


1) From your experience, do you think it is likely I will win where my primary, and possibly, my only defense is that one of the two signs on the parking estate was vandalized (and they admitted as such during the IAS correspondence)?


2) This is my first ever court case I have to defend - can anyone advise me on similar cases / defenses where the signage was vandalized that I can read up on this forum?


Thanks in advance.

KeithP

What is the Issue Date on your County Court Claim Form?

Coupon-mad

1) From your experience, do you think it is likely I will win where my primary, and possibly, my only defense is that one of the two signs on the parking estate was vandalized (and they admitted as such during the IAS correspondence)?

Yes - you ARE almost certain to win, being on this forum and following all the advice, as we see wins 99% of the time, with no risk - but you will also have:

parked in a residential private car park for for a few nights around 2am until 6am.

...so it was pitch darkness. Like pretty much every 'unlit signs' defence you care to read!

And you have the argument to kill off the fake added £60 'debt collection/contractual costs' that is unrecoverable. See CEC16's thread.

2) This is my first ever court case I have to defend

You are the same as everyone here who wins, surely you don't think all the wins are by people who've done this before? The opposite is true = we coach scared newbies!

I've never defended a court case where I was the Defendant either (but I have lay repped for Defendants) and inadequate signage is a lovely easy one to get the Judge to agree to! The signs being prominent and the terms transparent and 'there to be seen' are the entire crux of the case.

- can anyone advise me on similar cases / defenses where the signage was vandalized that I can read up on this forum?

Never mind vandalised ones, you can add a sentence about that yourself, to any inadequate unlit signs defence.

Start searching the forum (show results as POSTS) and copy/adapt one.

shawon007

KeithP wrote: »

What is the Issue Date on your County Court Claim Form?

11th November 2019.


By the way its Gladstones that is claiming against me.

KeithP

shawon007 wrote: »

11th November 2019.

With a Claim Issue Date of 11th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th December 2019 to file your Defence.

That's three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.