appealing through ICS (vs POPLA)

glybera27

Hello
I am in the processing appealing a PCN from CPM through the IAS service. I have had extensive experience of appealing through POPLA which was straightforwards , and I'd say 90% of PCNs were overturned. Judging from forums seems like IAS is a lot harder to get through. My back up for winning has always been POFA Act-2012 and saying I'm the keeper but do not know who the driver is. Will this work for IAS?

Do I just use the same technique as with POPLA? (as below)

Many Thanks 

1. CPM are agents for the owner/legal occupier lacking contractual authority/ lawful entitlement to demand money from the keeper for vehicles used in the car park. CPM must provide a full/ up-to-date/ signed+dated contract with the landowner (NOT just statements of an observed contract) giving CPM permission to pursue charges in THEIR name. I require the full unredacted copy i.e. not a document that simply claims a contract/agreement exists. 

2. CPM lack landowner authority. CPM must show a full unredacted IPC compliant contract with the landowner including: permission from the landowner to pursue charges, boundaries of land operated on, conditions/restrictions of parking enforcement, conditions of vehicles subject to control/enforcement, who has responsibility for signage & definition of services provided by each party.

3. No contract was entered into by CPM & the driver/ keeper. A legal contract involves agreement from both parties, clarity & certainty of terms. If not met the contract is deemed “unfair” (Unfair Terms in Consumer Contract Regulations 1999). I believe the driver did not got out of the car, read the signs, understood them & agreed to them (thus no contract was entered intro). 

4. The car was being used for drop off, I require CPM to provide proof that the car was not in fact using a Drop-off/pick-up zone during the visit. 

5. Signage was unclear, non-obvious, non-IAS-compliant leading to the driver being unaware a parking contract was being offered. 

6. CPM have not provided evidence to allow IAS to be confident they know who the driver/ person liable for the charge is. An insured driver can consensually drive another vehicle. I excise my right keep the driver anonymous. Where the charge is aimed at the driver, no other party can be told to pay (by POPLA, CPP or courts). See POFA Act-2012, Greenslade’s statement (2015) and case 6061796103 v Parking eye (Carly Law

born_again

https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking