Vcn fine appeal rejected by ias

Ghatz · 7 May 2019 at 10:48PM

Having parked in a car park with no ticket machine, legally parked within a signposted marked bay labeled subway. I received a PCN notification I have a copy of the receipt from the store transaction proving that I used the premises.

IAS have rejected the appeal on the basis that it is not a pay a display car park and that the signage clearly states a valid ticket must be obtained. However the store franchise (subway)staff confirmed verbally that the bays are for customer use. Which I was parked in. There is a huge advertising sign on the wall of the carpark detailing the shop is around the corner and this gives the public the impression that the two labeled bays are for customer use. IAS In there rejection state that there does not need to a ticket machine as it’s not a pay and display car park but the store staff had confirmed verbally that this is for customer use. And the signage and labelled parking bays as mentioned support this assertion.

Having read many threads I expected the IAS Appeal to dismiss my appeal . I have read the newbie thread but struggle to make out what is relevant in the FAQs

I Have now received a demand for payment, I assume I ignore this and await a court summons. I assume ignoring this will just see the amount demanded rise and should this go to court will I be liable for all the monies demanded if deemed unsuccessful?

Thanks in anticipation.
Any help and advice appreciated

waamo · 7 May 2019 at 10:51PM

You seem to have a good grasp of the situation. Well done, it's unusual for a Newbie to be so clued up.

Come back if you get a claim and we can help.

Coupon-mad · 7 May 2019 at 10:57PM

Take a Witness Statement pre-typed, into Subway, and ask the Manager to sign & date it (or produce their own version if they prefer) that says that the bays in question (identify them clearly) ARE for Subway customers and no permit is required for Subway customers to park there. And that they confirm you WERE authorised that day.

But who owns this car park? Are Subway SURE they actually can offer free parking behind their premises or are they making a dangerous assumption?

You will need evidence one way or the other so do some digging and get a signed WS from the Manager before they change staff and deny all knowledge. You will need this for your court claim.

Also, go get photos of the signs and lines this week before they change. You want that Subway sign, and you want a couple of general ones showing how VCS terms are hidden elsewhere on a sign that is illegible.

And you want one photo pf the VCS terms so we can look at them in advance.

I assume ignoring this will just see the amount demanded rise and should this go to court will I be liable for all the monies demanded if deemed unsuccessful?

You assume wrong; it can't rise beyond £100 even when VCS pretend it will.

Even if you lost a small claim that we help you defend, it's £100 plus fifty quid court fees, no huge costs and no CCJ remains if you pay up, if you were one of the rare 1% here who lose a case against PPC scammers.

Mark2spark · 7 May 2019 at 11:00PM

Ghatz wrote: »

I assume ignoring this will just see the amount demanded rise and should this go to court will I be liable for all the monies demanded if deemed unsuccessful?

No, not necessarily, they can't increase the charge above the original amount asked for. Worse case scenario is there could be £50 court costs. But there's a 99% chance of paying nothing, - and also getting your 'costs' like loss of pay awarded to you.

Ghatz · 18 May 2019 at 9:04PM

I have received final demand for payment today that states a ccj judgement will be sought and may have detrimental effect on future creditworthiness... assuming this is normal and continue to ignore? Thanks in anticipation

KeithP · 18 May 2019 at 9:14PM

Yes .

Redx · 18 May 2019 at 9:24PM

Ghatz wrote: »

I assume I ignore this and await a court summons.

you assume wrong , because this is a civil case , not a criminal case

a court claim will come from the CCBC in Northampton , which is an online system called MCOL, google it

the N1 form and pack is the civil court claim , it is not a "summons"

you assume correctly about the sit and wait , providing you have emailed a SAR with a scan of your V5C to the DPO at VCS (IF THAT IS YOUR ppc)

The_Deep · 19 May 2019 at 8:48AM

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Guys_Dad · 19 May 2019 at 8:49AM

This hinges on signage and advice from Subway. Get evidence from both.

Ghatz · 10 June 2019 at 6:00PM

Hi guys I have now received a letter before court letter! What does this mean and what should I do with this? They have added a further £25 court costs. Does this sound right?

waamo · 10 June 2019 at 6:08PM

Ghatz wrote: »

Hi guys I have now received a letter before court letter! What does this mean and what should I do with this? They have added a further £25 court costs. Does this sound right?

Does it contain financial information forms?

Vcn fine appeal rejected by ias

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free