Help with appealing a fine with Independent Appeals Service

Coupon-mad

I can't spend time by private message, sorry, I get inundated and am trying to work out how to block private messages since the forum was badly 'updated'.

deutsch

Coupon-mad said:

Just do an IAS appeal in the clear knowledge that it is a kangaroo court, but that due to parking firms having apparently furloughed lots of stuff, we are seeing many more cases where the PPCs fold and don't contest an IAS appeal that has used evidence.  Throw all your evidence at it from the start and see if Link fold.  Do NOT write an IAS appeal as a template, write it in your own words and you must submit (upload) all your evidence at the time, not offer to supply it later nor give links.

Go into this process expecting nothing.  The IAS uphold just 5% of appeals but over 20% are conceded by parking firms, pretending they are folding for mitigating circumstances/goodwill, when in fact they are giving up and want to save themselves the IAS fee.

If not, you will win in court and we will help you (no worries, no risk, no CCJ and no huge costs.  It's what we do).

I recently won an IAS appeal and I hear it's very rare. After the private parking company rejected my appeal, I followed the IAS route, but wrote to them rather using their online form. I had to print off a form here https://www.theias.org/appealing-by-post following their correct process (also send it registered post for my own cover). I did add an extra sheet of A4 as I had a lot to say and I really wanted to strongly and passionately appeal to them. It did take me 1 hour + to write what may have been my first essay in the last decade. I had many points and I tried to come across as human, with reason and tried to actually make them understand and empathise with me. I would like to think this worked but I'll never know. I don't suggest my method will work, but all I can say is that I wanted to share and say if you don't try, you'll never know and always have hope and expect nothing at the same time. 

Umkomaas

deutsch said:

Coupon-mad said:

Just do an IAS appeal in the clear knowledge that it is a kangaroo court, but that due to parking firms having apparently furloughed lots of stuff, we are seeing many more cases where the PPCs fold and don't contest an IAS appeal that has used evidence.  Throw all your evidence at it from the start and see if Link fold.  Do NOT write an IAS appeal as a template, write it in your own words and you must submit (upload) all your evidence at the time, not offer to supply it later nor give links.

Go into this process expecting nothing.  The IAS uphold just 5% of appeals but over 20% are conceded by parking firms, pretending they are folding for mitigating circumstances/goodwill, when in fact they are giving up and want to save themselves the IAS fee.

If not, you will win in court and we will help you (no worries, no risk, no CCJ and no huge costs.  It's what we do).

I recently won an IAS appeal and I hear it's very rare. After the private parking company rejected my appeal, I followed the IAS route, but wrote to them rather using their online form. I had to print off a form here https://www.theias.org/appealing-by-post following their correct process (also send it registered post for my own cover). I did add an extra sheet of A4 as I had a lot to say and I really wanted to strongly and passionately appeal to them. It did take me 1 hour + to write what may have been my first essay in the last decade. I had many points and I tried to come across as human, with reason and tried to actually make them understand and empathise with me. I would like to think this worked but I'll never know. I don't suggest my method will work, but all I can say is that I wanted to share and say if you don't try, you'll never know and always have hope and expect nothing at the same time. 

Did the IAS actually uphold your appeal (rejecting the PPC's case), or did the PPC withdraw after reading your submission to the IAS?

deutsch

Umkomaas said:

Did the IAS actually uphold your appeal (rejecting the PPC's case), or did the PPC withdraw after reading your submission to the IAS?

"Your appeal to the Independent Appeals Service has now been conceded. The operator will no longer be pursuing the PCN detailed below"
My arguments were pretty much the same against the private parking company which I had to submit individually online.

Umkomaas

deutsch said:

Umkomaas said:

Did the IAS actually uphold your appeal (rejecting the PPC's case), or did the PPC withdraw after reading your submission to the IAS?

"Your appeal to the Independent Appeals Service has now been conceded. The operator will no longer be pursuing the PCN detailed below"
My arguments were pretty much the same against the private parking company which I had to submit individually online.

They've simply had a quiet word in their chum-buddy PPC's ear, telling them that they don't stand much chance - as I anticipated. I'm not sure when the last IAS appeal was actually upheld, telling the PPC that they were in the wrong in issuing a ticket.  At least we still get those from POPLA, but far less frequently these days. 

KeithP

deutsch said:

...(also send it registered post for my own cover)... 

Did you know that the registered letter service was discontinued in 1998?

Current advice here is to never ever send anything to a parking company or their solicitors using any service that requires a signature.

All that does is give the intended recipient the opportunity to not sign and hence refuse delivery.

All you have then is proof of non-delivery. Not quite what you want.

If you want to use Royal Mail, then send it by standard first class post obtaining a free Certificate of Posting from the Post Office counter. The item is deemed delivered two working days later.

Keep that Certificate of Posting as proof.

deutsch

KeithP said:

deutsch said:

...(also send it registered post for my own cover)... 

Did you know that the registered letter service was discontinued in 1998?

Current advice here is to never ever send anything to a parking company or their solicitors using any service that requires a signature.

All that does is give the intended recipient the opportunity to not sign and hence refuse delivery.

All you have then is proof of non-delivery. Not quite what you want.

If you want to use Royal Mail, then send it by standard first class post obtaining a free Certificate of Posting from the Post Office counter. The item is deemed delivered two working days later.

Keep that Certificate of Posting as proof.

Looking at my receipt - Signed for 1st class then (rather than registered....).
Like I said, I didn't take the common approach if the above is wrong

gc1996

Coupon-mad said:

I can't spend time by private message, sorry, I get inundated and am trying to work out how to block private messages since the forum was badly 'updated'.

Apologies! That is understandable. 
I have been looking at primacy of contact and I think I should use this in my appeal. My tenancy, however, does not state anything about parking. Does primacy of contact still apply in that scenario? Or would my AST have to state that I have use of the parking spot? 

gc1996

Update - I Just went over my tenancy agreement with a fine tooth comb and found this 
"It shall include the right to use, in common with others, any shared rights of access, stairways, communal parts, paths and drives."
I must have missed that the first time - as this states I have the right to use - but nothing about a permit, I am assuming here that primacy of contact is applicable and that the terms and conditions of parking do not take precedence over a legally binding tenancy agreement? 

Coupon-mad

Yes, a tenancy agreement that is silent about 'parking charges' and 'permits' and obligations, is a good thing.  You can argue primacy of contract and an implied 'right to peaceful enjoyment' (with interruptions or additional unexpected obligations and charges) that is part of any tenancy.