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Unfair CPCN appeal
koala86
post Sat, 20 Nov 2021 - 13:45
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Hi all,

I just received a contractual private charge notice that I believe it's unfair. This is a 3h free parking on a shopping mall and the driver only stayed for 20 min max so based on evidence I'm assuming they are coming after the driver for not 'park only within marked bays'. I believe this is unfair as the car is barely crossing the line, driver only did it cause at the time there was no space to do it otherwise and at the time the evidence was taken there was plenty of space for another car in the next bay so is not like the car was taking 2 spaces.

This happened on the 26 of October and the letter date is of 9th of November but pretty sure I received it much later than that what makes it over 14 days. No warning was left on the car.

Please help me on what to do here to increase my chances of a successful appeal, or should I just ignore it?

Thanks







This post has been edited by koala86: Sat, 20 Nov 2021 - 17:28
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post Sat, 20 Nov 2021 - 13:45
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nosferatu1001
post Mon, 3 Jan 2022 - 18:00
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It's very easy to show that appealing to the ias is a waste of time and effort, as they g'tee a certain percentage win rate to the parking companies.
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ostell
post Mon, 3 Jan 2022 - 21:24
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As there was a definite failure to comply with POFA as it failed to deliver within 14 days then it may be worth sending an IAS appeal on that point. You are not obliged to accept their decision.
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koala86
post Tue, 4 Jan 2022 - 12:53
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QUOTE (ostell @ Mon, 3 Jan 2022 - 21:24) *
As there was a definite failure to comply with POFA as it failed to deliver within 14 days then it may be worth sending an IAS appeal on that point. You are not obliged to accept their decision.


Was about to try that, but keep getting an error message:

"Your PCN or Registration Number has not been recognised. Please try again.

Please Note: If you have had your appeal rejected and you have been told to enter your appeal on this site but keep receiving this message; please contact the operator that issued the charge for assistance.

The IAS will not have the information to assist you at this stage.

Operator Contact Details can be found at www.theipc.info/aos-members."

Can this work in my favour?

Also not contacting the operator on this since in their last communication they were clear: 'As your appeal has been rejected, any further correspondence may not receive a response...'
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The Rookie
post Tue, 4 Jan 2022 - 13:03
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QUOTE (koala86 @ Tue, 4 Jan 2022 - 12:53) *
Can this work in my favour?

Also not contacting the operator on this since in their last communication they were clear: 'As your appeal has been rejected, any further correspondence may not receive a response...'

How do you think this will change it such that no charge was owed? No it doesn't help.

Contact them, ask why you can't appeal to the IAS, if they decline to help, complain to the IAS (who want their money).


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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koala86
post Tue, 4 Jan 2022 - 13:49
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QUOTE (The Rookie @ Tue, 4 Jan 2022 - 13:03) *
QUOTE (koala86 @ Tue, 4 Jan 2022 - 12:53) *
Can this work in my favour?

Also not contacting the operator on this since in their last communication they were clear: 'As your appeal has been rejected, any further correspondence may not receive a response...'

How do you think this will change it such that no charge was owed? No it doesn't help.

Contact them, ask why you can't appeal to the IAS, if they decline to help, complain to the IAS (who want their money).


I was thinking if they moved to a court action I could show that no IAS appeal was offered, that I believe is mandatory and not optional?
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Jlc
post Tue, 4 Jan 2022 - 13:56
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QUOTE (koala86 @ Tue, 4 Jan 2022 - 13:49) *
I was thinking if they moved to a court action I could show that no IAS appeal was offered, that I believe is mandatory and not optional?

It's not a defence in its own right. Of course, an operator not abiding by the Code of Practice doesn't put them in good light.

QUOTE (nosferatu1001 @ Mon, 3 Jan 2022 - 16:58) *
Their letter is complete garbage.

Yes, I've just read it. They clearly haven't complied with PoFA but go on to say:

"The Protection of Freedoms Act 2012 (Schedule 4) gives us authority to write to the registered keeper to obtain payment of the parking charge".

No it doesn't!

I'd say that is verging on misleading. PoFA doesn't give authority to write letters. It only gives the conditional possibility of pursuing the keeper (presumed to be the RK) for the driver's unpaid parking charge. They don't need PoFA to obtain keeper details from the DVLA and to write a letter for an alleged charge.

This post has been edited by Jlc: Tue, 4 Jan 2022 - 13:59


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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nosferatu1001
post Tue, 4 Jan 2022 - 14:06
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QUOTE (koala86 @ Tue, 4 Jan 2022 - 13:49) *
QUOTE (The Rookie @ Tue, 4 Jan 2022 - 13:03) *
QUOTE (koala86 @ Tue, 4 Jan 2022 - 12:53) *
Can this work in my favour?

Also not contacting the operator on this since in their last communication they were clear: 'As your appeal has been rejected, any further correspondence may not receive a response...'

How do you think this will change it such that no charge was owed? No it doesn't help.

Contact them, ask why you can't appeal to the IAS, if they decline to help, complain to the IAS (who want their money).


I was thinking if they moved to a court action I could show that no IAS appeal was offered, that I believe is mandatory and not optional?

No, it won't help. It isn't a Defence. You've been told it once, believe us when we say it.
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