IAS Appeal and WON

Nikkijones8991

Just wanted to share a positive post in case anyone is humming and arring on appealing a Parking ticket. I was given one as they claimed i had parked in a reserved bay, when I hadn’t. The reserved bays are paid for and the signage for the reserved bay in questions (space 10) was to the left of my car and the normal 2+ bay (non charge) was to my right of my car. The normal not payable bay sign was closest to my bay as per photos attached. No reserved markings on the floor. You had to count the bays backwards to see which sign was for what bay. Reserved bays where in the middle of non reserved bays and signage faced forwards and not angled to the bays.

Anyways i appealed it through the parking companies appeal process, it was the lovely Vehicle Control Services Ltd Who was the parking operator. I appealed based on poor signage and they rejected my appeal. I decided to go through the IAS website as i knew i was in the right. I uploaded photos outlining in red where the signs where in correlation to the spaces. I wrote my appeal in anger, leaving a lot of detail out such as signage angle and not stating ambiguity etc and submitted it. Based on what people have said on these posts i prepared myself for their response, wrote a lengthy response ready to issue , including citing case law. It had been 3 days since i appealed, decided to log on today to see if they had submitted their evidence and to my surprise they had outright accepted my appeal “The Operator conceded this appeal due to Mitigation”.

if you are 100 certain you are in the right its worth appealing the matter. I was willing to take this directly to court also if i had to. 


in a train station car park. The bays were diagonal and the reserved bay 10 and sign

Fruitcake

Well done, and thanks for letting us know. The non independent IAS only allow 4% of appeals, so you did well.

Castle

Fruitcake said:

Well done, and thanks for letting us know. The non independent IAS only allow 4% of appeals, so you did well.

OP's post reads as though VCS conceded "defeat" before IAS were forced to make a decision.

Umkomaas

to my surprise they had outright accepted my appeal “The Operator conceded this appeal due to Mitigation”.

Thereby avoiding the IAS having to make a decision against one of their own!

Coupon-mad

Wow.  What a trap those bays are. Impossible to really tell which sign is for which offset bay!

Come on VCS.  Get real before you (likely, IMHO) end up DVLA banned. Stop making hay while the sun shines.

patient_dream

When I first read the header, I thought the IAS had ruled against VCS ?

But as we see, PIGS WILL FLY .... no doubt Willie Wonka, the Hurley bod had a word in their shell like ear

It beggars belief why government still allow this terrible IPC bunch to operate 

fisherjim

I still suspect that the IAS would have sided with the PPC  if they hadn't given in.

Nikkijones8991

Yes they coincided before IAS made a decision. I think it is because they know that they would find it hard to prove that i am in a reserved bay as what they were claiming. There is a case similar to this, in which the person took the council to court and won, i was going to quote it on my next response, but didn’t have to do another response in the end. The case is  **Henry v. O'Rourke** [2009] EWCA Civ 523, in case anyone else has anything similar. It’s to do with singage not being clear and ambiguity with the singage and parking bays.  I have also reported them to the train station and the mp (although parliament has now dissolved so wont be looking into it) as the space is clearly a cash cow for the parking company, i feel on purpose, as there have put the reserved bays in the middle of non reserved bays! I do think if it went to IAS they would have sided with me, particular because of the above case law which sets out clear guidance to parking companies.

Nikkijones8991

Sorry quoted the wrong case law, the case is  Tower Hamlets v. Mr. Sun (2014), although it was chat gbt who gave me the case lol so double check