An appeal letter PPC

Freesoul01

KeithP said:

Freesoul01 said:

@Coupon-mad @Umkomaas

My appeal to the PPC was not successful, and I received the decision today, which was sent after 6:00 pm on Friday. They have instructed me to appeal to the IAS within 21 days from this date. Should I count from the end of the working day on Friday and include Saturday and Sunday in the 21-day period? 

My second question is; do I have to appeal to IAS? if not where shall I send the appeal?

The final question is; Do I have to send SAR to the PPC now?

To answer your questions...
1. yes.
2. no.
3. what appeal?
4.no.

I sent the first appeal to PPC and I received an appeal refused letter, and was asking in the letter if I am unhappy with the decision I am entitled to appeal to (IAS) and the appeal must be submitted to the IAS within 21 days of the date of this letter.

What shall I do at this stage? 

B789

Please read what it says in the Newbies/FAQ thread about appealing to the IAS.

Freesoul01

B789 said:

Please read what it says in the Newbies/FAQ thread about appealing to the IAS.

I have been reading it, but it doesn't say if your PPC is IAS, you can ignore it and appeal to POPLA for example, or ignore it all, or appeal anyway even you know your appeal will be refused. 

KeithP

Freesoul01 said:

B789 said:

Please read what it says in the Newbies/FAQ thread about appealing to the IAS.

I have been reading it, but it doesn't say if your PPC is IAS, you can ignore it and appeal to POPLA for example, or ignore it all, or appeal anyway even you know your appeal will be refused. 

Then you will have read this in the third post of the NEWBIES thread...

Which bit of that are you having difficulty with?

Coupon-mad

Yes...generally that is the advice...but without reading back, didn't I already post specifically on this thread that there reasons why it COULD be appealed to the IAS?

Pretty sure I did and I'm surprised the OP didn't mention the reasoning, when they replied today.  This case is a bit different in terms of lack of evidence of breach if it's the car park I'm thinking of.  I'm fairly sure I explained why it might be worth an IAS appeal already...ah wait it was on another thread. The OP knows what I mean. Sorry to be cryptic.

Freesoul01

Coupon-mad said:

Yes...generally that is the advice...but without reading back, didn't I already post specifically on this thread that there reasons why it COULD be appealed to the IAS?

Pretty sure I did and I'm surprised the OP didn't mention the reasoning, when they replied today.  This case is a bit different in terms of lack of evidence of breach if it's the car park I'm thinking of.  I'm fairly sure I explained why it might be worth an IAS appeal already...ah wait it was on another thread. The OP knows what I mean. Sorry to be cryptic.

I read the newbies many times, and some of the discussions said you should appeal even if you know it will get rejected , others say don't waste your time. For example the following are quoted from post #2 and its links:

Please don't start a thread asking if you should appeal to the IAS unless you have very rare circumstances that might make yours worth a try.

The answer is NO, do not try IAS at all.
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There is so much evidence that IAS appeals are seriously flawed that a loss there would have to be a plus point if ever such a case got to court.
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I can see the argument that maybe we 'should' be doing IAS appeals even though we know the cases will be lost. The difficulty might be in convincing OPs that the fact they will likely lose, then get a LBCCC (and maybe a small claim) is not a reason to pay...
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Either is good.  Either try IAS and laugh either way (win or lose!) or IGNORE IT.
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From above I can see, yes we can appeal to IAS even if the chance of winning is only 4%. it could be used as evidence in the court. 

Freesoul01

can anyone help me with this appeal, please? @Coupon-mad I know you don't prefer appealing to IAS, but as  someone mentioned before, the appeal might be a plus point if ever such a case got to court. I know it might be frustrating to be asked the same question several time. 

Coupon-mad

This is totally wrong (below) - where did you find all this ancient out of date stuff?

Part B schedule 8. Charges and Terms and Conditions.

8.1 All Parking Charges issued by you must be reasonable and enforceable under any applicable legal provisions. If your charges amount to damages you should be able to demonstrate how such charges are calculated for each site as a genuine pre-estimate of loss in order to able to justify the amounts. More information on Charges can be found in Schedule 5.

Freesoul01

Coupon-mad said:

This is totally wrong (below) - where did you find all this ancient out of date stuff?

Part B schedule 8. Charges and Terms and Conditions.

8.1 All Parking Charges issued by you must be reasonable and enforceable under any applicable legal provisions. If your charges amount to damages you should be able to demonstrate how such charges are calculated for each site as a genuine pre-estimate of loss in order to able to justify the amounts. More information on Charges can be found in Schedule 5.

Thanks a lot, I have just noticed I used an old version of IPC code from 2014   

Coupon-mad

You don't have to put the appeal in tomorrow.  

When you go to use the IAS website you will find that you can register your intention to appeal and it will give you a few days.

Do that first, then you know your real deadline. 

I don't understand any of the first half, I'm afraid.  It has no introduction that explains anything about your appeal and what points you are trying to make.

Don't use a forum acronym like PPC.

I don't understand any of the relevance of sections you've quoted (and it looks unlikely that some of it is even in the IPC CoP).

Start again and just state the basic appeal point that we discussed.  Don't quote swathes of any Code or law.  Don't put stuff like this, it doesn't have to have PoFA on signs:

"Signage at the site did not notify the driver that the operator intended to use POFA".