Private Parking Appeal rejected

Coupon-mad

Kittykat72 said:

@Coupon-mad
He didn't appeal as a driver just as RK. Any link to a letter template I can use to appeal to IAS. Should I appeal now or wait because I have until the 19th Jan.

No please don't look for a template.

Do it this weekend.

Tell your son he will lose but it doesn't matter; everyone knows the IAS is a kangaroo court, even a PPC said it was 'futile' and 'going through the motions' of appeal.

He's only doing it to string the PPC along and see if they drop out.

He will not be paying, regardless.

Kittykat72

@kryten3000 @Coupon-mad
Thank you for your help.

Kittykat72

Hi @Coupon-mad this is my draft could you please let me know if there is anything I should remove or add before I send this to IAS.

Appeal against PCN [Number] – Registered Keeper [Registration]

I deny liability for this charge on the following grounds:

1. No Keeper Liability (PoFA 2012) The operator failed to comply with the Protection of Freedoms Act 2012, Schedule 4.
The incident occurred on 14/07/25, but the Notice was issued on 10/12/25.

Paragraph 9(4) requires delivery within 14 days. Having missed this mandatory deadline, the operator cannot lawfully hold the Keeper liable.

2. No Contract Formed (Trespass) The vehicle was on a public footpath, not a parking bay. Any minor encroachment of the wheels onto the site boundary is trespass, not a breach of contract. A contractual fee cannot be charged where no parking offer was accepted.

3. IPC Code Violations

• Signage: Terms regarding "leaving the premises" were not prominently displayed at the point of stop, failing the IPC Code of Practice for clear signage.

• Consideration Period: The vehicle was stopped only momentarily. No consideration period was granted to read signs and depart, meaning no contract was formed.

The operator has missed the statutory window for Keeper Liability and failed to prove a contract existed. I request this charge be cancelled.

Coupon-mad

Yes submit that.

Kittykat72

@Coupon-mad
Thanks

Kittykat72

Hi @Coupon-mad I received a response from the IAS appeal I sent. This is PPC response.

I just want to know what step to take next should I respond to the operator or refer the case to Arbitration. Thanks

Coupon-mad

Reply and say this. Rude as you like:

The car didn't pass a sign, so the driver cannot have seen it and cannot have entered into any contract.

Secondly, there is no lawful presumption that a keeper was the driver on private land and the IAS can play their usual sad game of pretending that Elliott v Loake applies, but we all know it doesn't and that the IAS is futile for consumers and about to be replaced by a competent, impartial appeals service.

This charge will never be paid so the operator can flail around and waste their own time putting whatever spin on it that they like and the IAS can play its little game too. Bizarre pro-industry decisions against consumers 95% of the time, for years on end, demonstrate that the IAS is clearly not independent, fair nor even legally correct. All this is fruitless. See you in court.

Kittykat72

Thank you 

Kittykat72

Hi @Coupon-mad I have received this response from the operator. Could you please guide me on what steps I should take next?

Coupon-mad

Dear desperate parking firm,

You do you. Obviously judges aren't fooled by your supposed presumption. If it were that simple, there would have been no reason for Schedule 4 of POFA to have been enacted

IAS: do your worst. The invoice will not be paid, regardless what the latest in the queue of LPC Law jobbing legals selects from your template rejection paragraphs.