Advice after receiving Final Demand

austin2014

Yes two other members I am aware of panicked and paid the 60 pound fine. Going back to previous comments obviously keeper wants to avoid court at all costs, it was more tongue in cheek that keeper would want them to make an example of them. Keeper hasn't been in this situation before so please be patient if keeper says anything silly! But in all seriousness the paper was really pushing keeper for keeper to go ahead with this. They started asking keeper to send a pictures ect and it frightened keeper abit, if being honest. But keeper also thought appeal could be accepted which now understand was never going to happen. Thank you all for your time, means alot when its quite a scary time.

Redx

unless they pay up or VCS back down court is inevitable, but the defendant does not have to attend if they dont wish to, its not mandatory

I would proceed as if they are going to court, until about 3 weeks before the court hearing date

then I would write to the court and the claimant stating that I wont be attending and I request the judge to hear the case on papers

its not ideal, but its one option open to the defendant

do not repeat any silly comments on here, keep them to yourself

just state facts and ask for advice

austin2014

That's brilliant thank you for your advice. I will take it all onboard. Again I really appreciate this.

austin2014

Just an update I have received my letter before claim I have until early September to reply.

The_Deep

Yet after all that has happened, why should you face a court appearance if it can possibly be avoided?

Why not, I would relish it. Every time I get a ticket they cancel it.

austin2014

Hi everyone, really need advice. My Mp got back to me, They contacted the parking company in question who say that as they rejected my appeal, and because I chose not to appeal though the IAS I am in the wrong....
(As an IPC AOS member, (Parking Company) are required to have an internal appeals and complaints process. Where the motorist’s appeal is rejected, Vehicle Control Services are required ( so long as the motorist has followed the appropriate process) to offer access to a free independent appeals service like the Independent Appeals Service (IAS). All appeals to the IAS are adjudicated by a practising lawyer.


So just to be clear I appealed initially which was obviously rejected but NOT to the IAS.....
Now this is what's on the table so any advice would be appreciated.


The Non-Standard appeals procedure has been established which allows motorists, who are out of time to appeal under the standard appeals procedure, to make an appeal.

Please note that in order to appeal under the Non-Standard appeals procedure, the consent of the Parking Operator is required. There is also a £15 fee to be paid, and the decision is binding on both parties. I am happy to make enquiries with the operator to see if they are willing to accept and Non-Standard appeal at this stage.


Also note the company say because there was a helpline on the parking sign it doesn't matter that there was an emergency. Even though the movement of the car was police instructed they are saying its third party so there are no grounds.

KeithP

Please note that in order to appeal under the Non-Standard appeals procedure, the consent of the Parking Operator is required. There is also a £15 fee to be paid, and the decision is binding on both parties. I am happy to make enquiries with the operator to see if they are willing to accept and Non-Standard appeal at this stage.

Whatever you do, do not take part in their Non-Standard appeals process.

Why would you want to pay £15 for the privilege of having your appeal thrown out?

On top of that, notice that the decision is binding on the motorist. :eek:

Can you work out what the appeal decision would be? I can.

When you lose, you have a legal obligation to pay VCS's invoice.

Keep away.

Coupon-mad

and because I chose not to appeal though the IAS I am in the wrong....

LOL, you are not. No-one here tries that kangaroo court.

independent appeals service like the Independent Appeals Service (IAS). All appeals to the IAS are adjudicated by a practising lawyer.

It has been shown time & again to be worthless, not independent, indeed posters here would describe it as overtly biased and skewed against consumers, and we have no idea who this 'practising lawyer' is or whether he/she is from Gladstones or in anyone's pocket because the TERRIBLE decisions are anonymous.

So worry ye not about your correct decision to sidestep that farce.

Please note that in order to appeal under the Non-Standard appeals procedure, the consent of the Parking Operator is required. There is also a £15 fee to be paid, and the decision is binding on both parties. I am happy to make enquiries with the operator to see if they are willing to accept and Non-Standard appeal at this stage.

Jeez no!

Have you not seen what I wrote about that even worse option, in the NEWBIES thread post #3?

People are STUPID enough to pay £15 to lose...oh yeah, good plan from your MP.
Deluded! Clearly clueless about the scam operated by these firms.

Was it an Airport car park, or where?

You will NOT get a CCJ. You will be defending a claim and winning.

Rest assured you can bet a Judge is NOT going to be pleased to hear all this and to conclude that you accepted a contract 'by performance' because parking was not your conduct/choice. You have as good a defence case as I've seen, ever:

The Driver on the day was involved in a major incident which involved public safety. The driver was made to move the car under police guidance into a private car park. The keeper of the vehicle has a statement from the police to support this. The VCS rejected this saying the signs are clear. It was literally a matter of peoples safety. The keeper tried to retrieve his car on 3 separate occasions but was unable due to police cordons. (Have call logs). When finally told by police the keeper could retrieve his car the ticket was already posted. 3 and half hours earlier (Have statement).

austin2014

It was outside an NHS building not a hospital or anything. Its how they keep repeating they had a helpline the driver should of rang on the bottom of the signage. I don't want to go into to much detail but the incident that happened was bad, and we just needed to get out of there! They are saying that the driver should of ignored police instructions as they are a third party.
As usual thank you for your invaluable advice, appreciate it.
And I will NOT be doing the non-standard appeal.
Also I have had no reply to my SAR request.

austin2014

Hi, so they are going ahead with taking it to court, I have completed an acknowledgement of service. How long does that give me to put a defence together from the issue date? Also any tips on putting a solid defence together? (will look at some threads now).
Thank you everyone.