National parking control - appeal rejected

uhuss11

Hello, I have read via the newbie post and templates to challenge Non keeper liable parking charge, appeal failed unsure on next steps as they are IAS.

I am writing on behalf of my friend who received the fine.

I received a fine in the post for not displaying parking ticket in a residential area, however I was not parked I used the road to perform a U-turn, before some residents approached me to complain that I can't do a U-turn here. I was there for 2 mins at most which was enough time for the person in hi vis (assume working on behalf of NPC) to take some pics. You can clearly see I am on the road not parked and in the vehicle.

The only sign displayed says no unauthorized access or parking.

The fine came from national parking control NCP, it seems to follow the non liability to the keeper structure, I appealed it based on that and used a template by grizebeck.

Appeal failed,I thought this would be an auto win.

Not sure what to do next, do I pay the fine or appeal it on IAS, I don't want to take it further after that.

Many thanks.

Attached PCN and appeal rejection.

UncleThomasCobley

That NtK fails PoFA 2012 at Schedule 4 para 7(2)(a) in that it does not specify the "period" of parking to which the notice relates.

uhuss11

So I should appeal to IAS based on non pofa compliant, and they should cancel it? 

UncleThomasCobley

uhuss11 said:

So I should appeal to IAS based on non pofa compliant, and they should cancel it? 

I seriously doubt that the IAS would accept any appeal, especially one that is about a point of law. Only a judge would arbitrate on a winnable point such as that about PoFA. You must remember that the IAS are just another link in the chain of scammers you are dealing with here.

Appeal it if you like wasting your time. 

fisherjim

IAS is a waste of time you obviously haven't read the newbies thread on here or you would know that appeal would fail, and your constant use of the word "fine" is not appropriate to this invoice.

Why would you pay a scam invoice?

If there is no offer to park or even access the site you cannot enter into a contract to park as none was offered, and only the landowner, (not a two bit greedy pretend parking management company) can take you to court for trespass and that is highly unlikely.

1505grandad

"I am writing on behalf of my friend who received the fine."

So your friend is the registered keeper?

"The fine came from national parking control NCP, it seems to follow the non liability to the keeper structure, I appealed it based on that and used a template by grizebeck."

Did you appeal as the RK  -  i.e. in the name of your friend  -  and was the driver outed?

The info might be relevant if anything actually happens.

Coupon-mad

The friend just ignores them now but must tell NPC if he/she moves house (of course, amazes me people don't) as they can't let the letters go to an old address.  Just in case they try a claim within 6 years.  A COURT CLAIM CAN'T be ignored but the Defendant would win.

IGNORE THE £170 DEMANDS. Keep them but file them.  No phoning, no panicking. No paying.

Dead easy to defend in court, if they ever try.  The friend comes here ONLY if they get a court claim.

Tell the friend to grab photos on foot (NOW, as evidence), of the lack if signs in the same lighting conditions.  If challenged for the heinous crime of 'taking photos of signs' and accused of 'trespass'(!),  tell the people who trapped him/her last time to just get lost.  Get those photos and keep them.

There is no appeal worth trying, with an IPC firm.  Sadly that was a farce. A non-POFA PCN doesn't win at IAS.  Hopeless. Don't continue that waste of time path!  But NO PAYING.