PCN appeal - is it worth challenging

rowyourboat123

Just wondering, is there any merit in mentioning the CRA 15 regarding distance contract regs in this case?

Coupon-mad

Yes, paying by app Is a distance contract.

rowyourboat123

Thank you. There any legal points you can think of regarding my case and distance contracts? Or is it worth keeping that for if it goes to court?

Coupon-mad

Have a look at the distance contract section of the relevant regs - the CCRs: 

https://www.legislation.gov.uk/uksi/2013/3134/contents/made

...you’d need to read and understand it (the regs are not all about distance contracts so you only need to read the parts that are).  I don’t know of any authorities about these regulations which are quite new and untested.

rowyourboat123

Coupon-mad said:

Have a look at the distance contract section of the relevant regs - the CCRs: 

https://www.legislation.gov.uk/uksi/2013/3134/contents/made

...you’d need to read and understand it (the regs are not all about distance contracts so you only need to read the parts that are).  I don’t know of any authorities about these regulations which are quite new and untested.

That’s it, I don’t think I’ll ever fully understand it 😣

The PCN operator has submitted their evidence to the ISA reiterating I was parked without a valid ticket for 32 minutes; and are waiting for my response. Anything anyone can suggest that would help at this point? I really don’t want it to go to court and thus becoming increasingly anxious about it all.

kind regards

Coupon-mad

You respond sending back more evidence if you are allowed to add more, and if not respond anyway and say that this was a distance contract and it failed, therefore it breached both the CCRs 2013 about information requirements for contracts concluded by text or phone, and the CRA 2015 because the operator’s system failed.

rowyourboat123

Shock… the IAS has dismissed the appeal. Do these things generally just drag on now or do I need to do anything else? So frustrating there are companies that claim to be independent and fair and never make judgements reflecting this

D_P_Dance

They can drag on for years, 'phone calls,  threatening letters, court claims, CCJs,   Pepare yourself, read some other peoples' threads.  .  Have you complained to your MP

Coupon-mad

ignore the IAS decision (you and 96% of other appellants lose!).  Have you registered with Keller Lenkner for the group challange against the DVLA for data abuse?

No win no fee and they are representing hundreds of people to try to get compensation for data handed out with little or no checks, to private parking firms just because they are in a self-serving members' trade group.

rowyourboat123

Hi all,
I’ve Been “watching this space” and letting things play out a little and it seems the case has now been passed on to a debt recovery company (seeking £160 now instead). 

I noticed on a different thread there is talk of new regs coming into play in the coming months regarding such fines, will this have any impact on this case? 

I have signed up to Keller lenkner and tried contacting my local MP with no reply. Just concerned how I should approach the new letter from the debt recovery company as the date they want payment is quickly approaching too. Should I acknowledge their letter?

Has anything changed in the last 2 months I don’t know about that I could be doing to settle this whole case?

Kind regards.