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Ticketed less than 2 mins for unloading (Won at IAS Stage!)

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Comments

  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    KeithP said:
    @diystarter7, what is the relevance of the price of your car and how much road tax you pay?

    This thread is about @KXL88's predicament. Nothing else.


    Read the post I was responding to on this thread and please tell them not to ask me those questions about me parking on the roads, legally of course.

    Thanks
  • KXL88
    KXL88 Posts: 66 Forumite
    Third Anniversary 10 Posts Name Dropper

    I got a response from IAS that prima facie case received. Email mentions if I would like to include any additional info. Have till 9th Jan to do so. Generally is it worthwhile to do so? I’ve already included the 3 main points of lack of signage, the no parking at anytime is forbidding and of course stopping to unload is not parking elaborating on each point of course already at this appeals stage.

    The only info I might not have explicitly mention is that i own my property and as a leaseholder the lease enables me the right to unload closer to my main door and that the lease takes precedence over any private parking restriction in place and that I am not a visitor. At least I did not spell it out in those terms, but just mentioned previously residents can unload closer to door confirmed by HA it’s 5 mins.

    Should I also set a tone that I have no problem letting a judge in court let Link parking reps know this fact? Seeing that in any case IAS and Link will argue that the wall is painted blue when it’s clearly red? Hence the 20% success rate at this stage?





  • Coupon-mad
    Coupon-mad Posts: 152,782 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 January 2023 at 11:59PM
    Yes you could respond that you are happy to defend this in court if Link don't bail out or if the IAS (true to form) roll out their template rubbish and condemn this appeal to the consistent '95% refused' pile/bin.

    Then add this and a copy of your lease if you are still able to add evidence:
    The only info I might not have explicitly mention is that i own my property and as a leaseholder the lease enables me the right to unload closer to my main door and that the lease takes precedence over any private parking restriction in place and that I am not a visitor. 


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,430 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    of course stopping to unload is not parking elaborating on each point of course already at this appeals stage.
    If you haven't already done so, send a copy of the Jopson v Homeguard appeal judgment to support this. 

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KXL88
    KXL88 Posts: 66 Forumite
    Third Anniversary 10 Posts Name Dropper
    Thanks both, Yes, number 5, which is almost word for word in Jopson v Homeguard one. 


  • KXL88
    KXL88 Posts: 66 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 15 February 2023 at 1:06PM
    Wanted to just 'update' that IAS has not responded to my appeal at this stage and it's been over a month. Been checking email/junk mail and post (unless due to postal strikes it has gone AWOL). Guess I will wait a bit longer, else will expect one of those 'Solcititors' threat letters which I will ignore until LBC one. Or maybe they decided to discontinue but haven't notified me? Guess as Arnold said it best, when the LBC comes, 'I'll be back!'
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