No Return in 2 Hours

The_Deep

That is not how they work. Unless you pay in full they may very well take you to court, they have six years in which to do so.

Have you complained to your MP?

Umkomaas

Barutd wrote: »

I suppose I just wanted it dealt with as attending court seems like a lot more effort than replying to a couple of replies from the operator on an IAS appeal.


I will however bow to the collective wisdom and await my day in court.


Cheers

Can you confirm which IAS appeal service you are considering - the standard (free) version, or the paid for special (£15) with legally binding agreement by you to be bound by their decision?

The risk you take with the free version is that (in 85% of cases) if you lose, the PPC has an 'independent' decision to wave before the Judge if you do not pay after the IAS verdict.

With the £15 version, no need for a court case, because you will have already agreed to be bound by their decision.

You have to weigh up the odds and your belief that you can win based on a (very rare) decision that went the motorist's way some time ago. The IAS does not work on any precedents set from previous cases. Win it today, the same case would lose tomorrow - we've seen it many times. But if your luck is in .........

We cannot tell you to, or not to appeal to the IAS, all we draw on for our advice is our experience of the way the IAS has operated over the past 6 years since its formation.

Barutd

Ok, thanks. Like I said, I will bow to the collective wisdom of the people who've kindly replied, await the inevitable debt collection letters and look out for the court documents.


Thanks for all your help, I'll post my defence in order to get some assistance if and when the need arises.


Many Thanks

Barutd

The landowner has finally come back to me and said:


we are unable to interfere with the collection of PCNs issued by ESPL as their contract does not allow us to do so.

All appeals must follow the process for appeal as set out by them.

ESPL will not accept instructions to terminate tickets from the owners of the site for tickets that have been issued.

We are therefore unable to assist.

So it appears as though ES are now having it inserted into their contracts with landowners, that the landowner is not allowed to get involved with PCN's!

beamerguy

Barutd wrote: »

The landowner has finally come back to me and said:


we are unable to interfere with the collection of PCNs issued by ESPL as their contract does not allow us to do so.

All appeals must follow the process for appeal as set out by them.

ESPL will not accept instructions to terminate tickets from the owners of the site for tickets that have been issued.

We are therefore unable to assist.

So it appears as though ES are now having it inserted into their contracts with landowners, that the landowner is not allowed to get involved with PCN's!

Oh, the tail wagging the dog, very silly landlord.

RESTRICTIVE PRACTICE not in the interests of the public.

Invite this landlord to join you in court with a copy of this contract

Barutd

Just drafting a follow up email now educating the landowner about IPA practices and inviting him to court.

Half_way

who is this landlord?

BEFORE you send anything post it here.

Barutd

Sorry Half Way, I've only just seen your response. The land lord are Manchester Property Group and they just regurgitated what they had previously said.


I didn't mention who was driving and I gave them evidence of the driver legitimate use of the car park, but they said there was nothing they could do.


I have now received a 'Final Demand' from ESPL asking for £125, so they have added £25 with no explanation as to why they have added it.


I know it probably wont do any good at all, but is it worth sending them an email to say reiterate that they have not adhered to POPFA 2012 and so have no legal right to recover the charge from the keeper?

The_Deep

IMO your arguments are unassailable and, if they take this to court, they will surely crash and burn.

Why should they forbid you from returning to a retail outlet? Supposing you had left your purse/wallet there.

Barutd

Its crazy! Like I said, I have even provided evidence that the driver was legitimately visiting the shop on the site.


I will certainly be taking it to court and I will definitely be submitting a claim for my costs too!