AS Appeal failure and signage change

mikopaul

Apologies for new thread but I have a query and this may be helpful for others:

• Received a "Penalty Notice by Post - Notice to Owner" from "PCN Admin Centre" for parking in an Indigo railway car park - 30 days after the alleged offence
• Submitted a quick appeal as I was really cross - I knew I had paid for that day and they had submitted no evidence (but it looks like I probably paid for my wife's car on the app by accident) - my appeal was that either I wasn't driving or I had made an honest mistake on the app (sorry I know this is not a valid defence). Crucially I did point out that it was 30 days between alleged offence and issuing of the "notice"
• This was rejected and it went to IAS - when i thought a bit more and - with photographic evidence - i pointed out that the signage termed the car park "private land" not "railway land" - but they had tried to utilise railway byelaws rather than parking on private land regs (which would have required any notice to have been issued within 14 days)
• IAS have rejected my appeal - completely ignoring this point in my second stage appeal - only referencing the "initial appeal" - not referencing the fact that i did point out it was 30 days between alleged offence and issue of "notice"
• The interesting point for people - i went back to the car park today - and noticed that they have very recently (cannot be co-incidental) change the signage and it now shows "Railway Land" - i have both photos saved and dated

Other car parks have probably done similar and mis-signed railway land as private land - thought this may be useful.


And my queries:

• I know the newbie advice is to ride it out - but (for professional reasons - i work in the rail industry) I am afraid i don't want to do this - i am about 3 months from the 6 month time out
• There appears to be no further step other than (according to the IAS letter) "pursuing through other channels, such as the courts" - i don't want to escalate and risk increased costs - but feel completely aggrieved that my subsequent appeal was ignored - and yet, because Indigo have changed the signage, it seems to have been acknowledged to be correct
• is there another step or are my only options - court, pay, ride out?
• Are IAS correct to ignore subsequent points in the second stage appeal?

grateful for any advice - if the signage change point is irrelevant or not helpful to others apologies. Happy to post photos of the changed signage if that is helpful


thanks in advance

Redx

same as this one then

https://forums.moneysavingexpert.com/discussion/5979691/as-appeals-service-decision-upheld

so same advice

twhitehousescat

AS are making some spectacular failures , and they do not answer to anyone , a look at there adjudicators explains lack of knowledge

sit it out expect lots of junk mail , there is no reason to tie you as an employee to the case

BrownTrout

There is no other advice other then to ride it out

mikopaul

Thanks for the feedback - I had clocked the outcome was the same as the other recent thread - didn’t want to jump on it for advice though as I was just interested in (a) finding out if riding it out really is the only option (which it sounds like it is (b) whether they were correct to ignore the points in my second appeal (?) and (c) if people were at all interested in the fact that the car parking signs had been changed almost certainly in response to my appeal and whether that was helpful for anyone else

Thanks for the guidance - sounds like riding it out is the only option - will see what I get in writing over the next few days (the instructions on paying in the response from AS in email had the wrong file extension in the file name and I had to manually adjust it to be able to read it... yet another admin c0ck up)

twhitehousescat

dont worry it gets worse , the name of the company ticketing is different to the one sending you letters

D_P_Dance

On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

mikopaul

Thanks for the update on the legislation - very interesting and I will have a read over the next few days ... to be honest if I felt I was being treated reasonably I would have just paid up but the whole process - with them ignoring my points and leaving me with no route to respond other than “through the courts” (quoted from IAS letter) - has left me feeling really angry and frustrated ...

twhitehousescat

D_P_Dance wrote: »

On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

but the POFa2012 will have to be re written to take into accout bylaw land

to my knowledge this is not happening , so the bylaw problem remains , I wonder if this is why off cases a JLA and newcastle starting to appear , to test how far by laws are accepted or not allowed by cc

D_P_Dance

Thank you Mr Cat. Can anyone suggest any addition to this pro forma letter for bye law PCNs?