UKCPM rejects appeal, is it worth re-appealing with IAS???!!!!

buchUb

Hi there,

I would be very grateful for any advice I could get regarding a parking charge notice I got in around end of January for exceeding parking time at Vista Business Centre car park in Hounslow whilst submitting my visa application.

I exceeded the parking time, not because I did it deliberately but because of a technical glitch in the system. I tried to extend the time through the app and messages, but nothing worked. I even tried to call customer care for help but had no luck to get through to anyone. I kept trying even when I was at the counter submitting the application and was on the phone till I left the premises. I have all the evidence in terms of messages and phone call history. 

Please check the timeline of events below:

Purchased a 2hrs ticket 19/1/22 14:24 - 16:25
ANPR evidence leaving the premises 16:54
reason - overstay.

admitted being the driver under appeal 2/2/22
UKCPM replied and rejected appeal on 24/2/22

I have attached the evidence that I provided with my first appeal to UKCPM.

I've read a few threads and it seems that IAS rejects most of the appeals!

Is it worth appealing a UKCPM ticket with IAS ? What is the current opinion on here?

I would be very grateful if anyone could help in advising how to go forward from here and if anyone could forward a template or mention what to include/write in the second appeal to IAS to get this PCN cancelled.

Many thanks

UZB

Trainerman

Not a lot of point in that they only cancel about 5% of appealed pcns. However, you might be lucky and in any case it makes you look reasonable if it comes to court.

Slightly confused as to whether they are saying you overstayed, or did not have a permit

Umkomaas

You can try the IAS as you seem to have a fair bit of evidence, nothing to lose.  But you'll need to act sharpish as you only get 21 days from the date of the rejection to submit your appeal. There are no IAS appeal templates, all in your own words with all your photographic (and any other) evidence attached. 

Have you tried to complain to the landowner on whose premises the pay-to-park system has caused such stress?  Complaints to the organ grinder often work out well. 

KeithP

We have seen Vista Centre Hounslow before.

Might be worth searching those bold words to see how others have fared.

Fruitcake

It is never too late to get a landowner cancellation, but I would certainly suggest you submit an IAS appeal, using frustration of contract as one of your appeal points. 
Inviting a motorist to pay extra for extended parking, preventing the motorist from paying extra, and then issuing a PCN is hardly a fair contract term.

buchUb

Fruitcake said:

It is never too late to get a landowner cancellation, but I would certainly suggest you submit an IAS appeal, using frustration of contract as one of your appeal points. 
Inviting a motorist to pay extra for extended parking, preventing the motorist from paying extra, and then issuing a PCN is hardly a fair contract term.

Exactly! It was so stressful. I was literally on the phone to them, hoping them to pick up so I could extend the parking, whilst I was submitting the application at the counter. Thank you for your advise. I think I will appeal it to IAS. Do you think I should mention about ''Protection of Freedoms Act 2012'' and ''Dunlop Pneumatic Tyre Co. Ltd. v. New Garage and Motor Co. Ltd. (1915)'' in my appeal to IAS?

Trainerman

If IAS are as "good" (ahem) as PoPLA they will not recognise legal argument anyway. In any case, I can't see where that case helps you in the light of the more well known Beavis

Umkomaas

Do you think I should mention about ''Protection of Freedoms Act 2012'' and ''Dunlop Pneumatic Tyre Co. Ltd. v. New Garage and Motor Co. Ltd. (1915)'' in my appeal to IAS?

admitted being the driver under appeal 2/2/22
UKCPM replied and rejected appeal on 24/2/22

Well that means PoFA is out of the window.

If you are to use any legal precedent, you'll need to know what it's about, how it fits your situation, and are able to argue it cogently.  Simply quoting its title won't see the IAS assessor rushing to your aid.

Coupon-mad

Is it worth appealing a UKCPM ticket with IAS ? What is the current opinion on here?

I say definitely try the kangaroo court and show all your evidence.  I think UKCPM might fold.  Around 20% of cases do, even though only a poxy 4% of assessed cases are decided in favour of the appellant.

buchUb

Hi guys. Just an update -  I wrote to both Vista centre (expecting landowner cancellation) and CPM (asked them if they can provide a POPLA code) and the responses are disappointing. Will submit an appeal to IAS now and see what happens!

Fruitcake

Did you complain to the CEO of the Vista Centre?

PoPLA was never an option with an IPC AOS member.

You should still try an IAS appeal and include all the evidence you have available.