VCS at EMA -Stopping in a NO STOPPING ZONE

Coupon-mad

Respond to IAS, keep playing response tennis, and say the above 2 points and add a redacted pic of your passport photo, and ask if they are now going to suggest that you have an identical twin (not true), and that this is becoming farcical.

If you have your boarding card add that too.  

And proof of the flight landing time - using Skyscanner? Flightradar24?

https://www.flightradar24.com/data

State that this has been like a mad game of PPC Top Trumps and you are bored now.

P.S. Thanks for the NTK pic on the other thread. Perfect!

UncleThomasCobley

Just more evidence that you are dealing with intellectually malnourished ex-clampers. Use that knowledge to your advantage and mess with their feeble minds.

SumySani

Latest update the IAS dismissed my appeal.  This is the latest response:

The adjudicator made their decision on 13/12/2023 11:26:46.

It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles.

The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. I am satisfied that the Operator's signage, which was on display throughout the site makes it sufficiently clear that the terms and conditions are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions, regardless of a driver's reasons for being on site or any mitigating factors. While noting their comments, it is clear from the evidence provided to this appeal that the Appellant did indeed stop otherwise than in accordance with the displayed terms as alleged by the Operator. I am satisfied on the evidence provided that the Operator has the authority to issue and enforce PCNs at this site. I am further satisfied as to the location of the contravention, that the correct vehicle has been identified stopped at the time suggested in the images provided and that in the circumstances the correct Appellant is pursued.

I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant's circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed.

Fail to understand that all the attached evidences have been ignored regarding that the PCN is given to the RK on the assumption that he is the driver.  

Next steps - wait for it to go to court ?

Coupon-mad

Joke innit?!

Madness that the IAS is allowed to exist.

SumySani

Does this mean I have to wait for the case to go to the county court ?

The email further stated that the Appeal has not been resolved in my favour, the IAS is unable to intervene further on this matter.

I should contact the operator within14 days to make the payment of the charge.

should I continue to contest the charge then I should consider obtaining independent legal advice.

-so basically sit and wait or email the VCS saying they wasting their time chasing this dead claim.

JerryJ64

SumySani said:

Does this mean I have to wait for the case to go to the county court ?

Yes... if they are foolish enough to take it all the way. You now have to weather the useless debt collection letters which you can collect and make into winter fuel or line the bottom of a birdcage.

If/when you receive an LoC, refer back to the second post of the Newbies/FAQ thread for what you need to do.

Umkomaas

Coupon-mad said:

Joke innit?!

Madness that the IAS is allowed to exist.

But at least they do have ........ wait for it!

..... some sympathy with the Appellant's circumstances

Usual BS template platitude. They need culling asap!

Coupon-mad

Can't happen soon enough.

SumySani

I received a "Letter before Claim" with the usual text that the matter has been passed to their Legal team as there is a debt that needs to be recovered.  As part of the letter they have also sent a reply form which is asking for:-
Name
Address
Phone
Email

followed by 4 sections:


Section 1: Do you owe the debt ?

There are 4 options and i have to select 1

Box A - I agree I owe the debt
Box B - I owe some of the debt, but not all of it
Box C - I don't know whether I owe the debt
Box D - I dispute the debt

Depending on which option is selected there are additional details which need to be filled in. However if I go with Box D then its asking to provide what documents I have provided.

I'm tempted to send the transcript and the flight tracker and the all the information I sent previously through the appeal back to them.
I don't intend to sign the document.

Is there anyway to attached a pdf document here

Any opinions ?

Coupon-mad

That's just the standard LBC reply form that the NEWBIES thread tells you about.