CPMS

Tysernans2018

@Fruitcake should I use a template for the IAS appeal or do a bespoke one? 

KeithP

There is no template for an IAS appeal.

Fruitcake

Again, do not think of it as two PCNs, or a first and second PCN.
You have one PCN number, therefore you have one PCN. If that PCN with that PCN number gets cancelled at IAS appeal, then you will have zero PCNs because no other PCN numbers exist.

Nobody can say whether the PPC will try court, or what a judge will say if it does get that far. At the moment you are at the IAS appeal stage, so concentrate on that.

Defective NTK and primacy of contract should be your first two points. IAS appeals are evidence based, so include your evidence.
A copy of the defective NTK, highlight the issue with the dates.
A copy of the tenancy agreement header, and the two relevant parts of your agreement.
Get photos of the site and signage, especially any near where the car was parked.

But, you should be hammering again and again whoever employed the PPC, using your tenancy agreement as a weapon. Kick up a stink. Get other victims to do the same. Point out that they will be involved in any litigation if the PPC instigates a court claim.

A landowner cancellation should always be Plan A.

Coupon-mad

IAS is all about individual evidence, which is why we supply no template which would be bound to fail.  IAS is worth a try because 20% of PPCs drop the case when people try IAS.

Tysernans2018

**UPDATE**

This is my IAS Appeal I intend to send, please feel free to comment/suggest amendments 

PCN ZZZZZZZZ – Date issued 11/02/2022

Car Park Management Services Ltd 

 

Vehicle Registration Mark: XXXXXX

 

My initial appeal to the above company regarding the above PCN has been rejected. I hereby appeal to the IAS as the registered keeper of the above vehicle that:

 

The Notice to Keeper was incorrectly issued on 11/02/2022, the day before that of the alleged event on 12/02/2022 according to the operator’s own time and date stamped photographic “evidence”.

The notice to keeper cannot possibly have been issued a full day before that of the alleged event. It is an impossibility, and the notice should never have been issued at all.

 

Consequently, the operator had no reasonable cause to obtain and process my personal data from the DVLA in breach of the Data Protection Act 2015 and the General Data Protection Regulations 2018.

I must also stress that my tenancy agreement with the landowner regarding parking (attached) has primacy of contract over anything a third party that was not a signatory to my tenancy agreement might put on their signage.

My tenancy agreement is the only contract I have with the landowner, and is the only contract with which I am lawfully required to abide. Any attempt to do so would form a derogation of grant.

The operator has provided no proof that they have the legal right to vary my tenancy agreement with the landowner.

My tenancy agreement cannot be removed or varied by a company that was not a party to the original property rental contract.

In addition, my tenancy agreement makes no mention that it can be varied or removed by a third party.

My tenancy agreement contains no mention of a permit scheme, private parking company, paying private parking companies, parking charge notices, or court, or what will happen if I breach the parking conditions in my tenancy agreement. The contract (tenancy agreement) I have with my landlord does not require me to pay an unregulated private parking company under any circumstances.

This is a contract term buy omission.

I also have rights to quiet enjoyment (attached) as defined by my tenancy agreement. A company with whom I have no contract demanding monies is in my opinion an unlawful interruption of my quiet enjoyment, and therefore a breach of my tenancy agreement. I will be making a complaint to the landowner about this.

Signage at the site makes no mention of the operator having lawful authority from the landowner to operate.

Since these signs cannot override my existing rights to park as defined by my tenancy agreement with the landowner, no contract between the operator and myself can ever have been formed.

I therefore require the operator to cancel the charge with immediate effect.

KeithP

Tysernans2018 said:

This is a contract term buy omission.

Not even sure what that means, but I do know that the word should be by not buy.  

Fruitcake

KeithP said:

Tysernans2018 said:

This is a contract term buy omission.

Not even sure what that means, but I do know that the word should be by not buy.  

I made it up, and the OP copied my typo. 
It sounded good in my head at the time. 

Coupon-mad

You need to upload the whole tenancy agreement not just the bit about quiet enjoyment.

Always criticise the signs as unclear from where the car was parked.

The Notice to Keeper was incorrectly issued on 11/02/2022, 

No, it wasn't issued then.

Fruitcake

Coupon-mad said:

You need to upload the whole tenancy agreement not just the bit about quiet enjoyment.

Always criticise the signs as unclear from where the car was parked.

The Notice to Keeper was incorrectly issued on 11/02/2022, 

No, it wasn't issued then.

The NTK says, Date Issued 11/02/22
The photos are date stamped 12/02/22
Date of Sending 16/02/22

Coupon-mad

I know, but the NTK wasn't 'issued' (posted) on that date, so don't put it the way you did in that draft.

This is far clearer:

The NTK says, Date Issued 11/02/22
The photos are date stamped 12/02/22