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Independent Appeals Service
long un
post Wed, 12 Sep 2018 - 11:04
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Hello.

Please accept my apologies if this is going over old ground but my head is hurtling looking through the old posts.

I recently appealed against a VCS parking charge notice on behalf of one of my drivers. Today we received the inevitable rejection.

The letter states.

"The signs in the car park make it clear that the land is private property and that a charge of £100 will be levied if vehicles park outside of the Terms and Conditions displayed."

It then goes on to direct me to The Independent Appeals Services if i believe the decision incorrect.

Firstly, the vehicle in question was a 44t Articulated low loader that was dropping off asphalt paving equipment to a major development on the industrial estate that the road is situated on. He was on the main road, not in a car park. he had recently unloaded the plant and was on site at the time.

My wording on the VCS appeal was as follows.

"Please note that the above reason is not correct but your drop down box did not offer an option that suited the reason for parking and i was unable to continue the appeal without picking an option. Maybe you could include a reason that says "other" to assist people using this facility.

The above vehicle was parked as shown in the pictures as it was servicing the new development to the emediate left of where it was parked. I recently unloaded tarmacadam surfacing equipment and dropped them on site. As you can see in the photos, the vehicles is 50' long and 44t gross weight therefor I was unable to unload in a car park. The vehicle was parked on a wide and quiet road with no obstruction to vehicles using the road. With this in mind i would ask that you accept this appeal."

The pictures of the vehicle clearly show the site hordings to the nearside of the vehicle.

The second and main reason for this post is the Independent Appeals Services part. Whenever we have appealed in the past it has been to Popla and all appeals have been succesfull. Seeing a different appeals service rang alarm bells and looking at the various things i have read online i'm guessing the IAS are a bit one sided.



What is the best way to proceed with this? Thanks in advance for any advice offered and once again, apologies if this is accessible elsewhere and i've missed it.

Cheers

Mark







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post Wed, 12 Sep 2018 - 11:04
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long un
post Tue, 13 Nov 2018 - 13:45
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[/quote] Are you replying as an individual, or as the company that owns the lorry - who is named on their letters, the driver? The company? [/quote]




All the correspondence has been in the name of the driver but the address is the company address. Should i respond using the reply form they send with the letter or by email quoting their reference?

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nosferatu1001
post Wed, 14 Nov 2018 - 08:28
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Email is entirely fine. Obvioulsy quote references smile.gif
They dont know the idnetity of the driver, so edit that post!
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long un
post Wed, 14 Nov 2018 - 16:28
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QUOTE (nosferatu1001 @ Wed, 14 Nov 2018 - 08:28) *
Email is entirely fine. Obvioulsy quote references smile.gif They dont know the idnetity of the driver, so edit that post!





Ah, unfortunately they do. The drivers name is on the correspondence and the original VCS appeal says " I recently unloaded tarmacadam surfacing equipment and dropped them on site"

Does this cause a problem?




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SchoolRunMum
post Wed, 14 Nov 2018 - 23:29
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Oh yeah, and you also had
QUOTE
therefor I was unable to unload in a car park.


Don't make that mistake next time you get a scam private parking ticket. Sometimes not saying who was driving can win a case easily, so it was early doors to bun that option.

But it;s not insurmountable - all it means is you can't use 'no keeper liability' as an argument.
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long un
post Tue, 20 Nov 2018 - 16:48
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OK thanks for the advice, i will respond to them as below.




With reference to parking charge VCS4921003.

As stated in previous correspondence sent through your appeal web address we do not have any liability of debt to VCS.

At the time of the alleged contravention the vehicle was delivering asphalt plant to the land owners new development adjacent to the vehicles location. As can be clearly seen in your photographs, the vehicle is a 44t articulated low loader that was positioned safely and caused no obstruction to other road users.




will this be ok?




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nosferatu1001
post Wed, 21 Nov 2018 - 09:55
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WHy not point out that the vehicle was on the main road, NOT on an area they control?
That seems to be the more pertinent argument, no?

s it a public highway?
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long un
post Wed, 21 Nov 2018 - 16:00
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QUOTE (nosferatu1001 @ Wed, 21 Nov 2018 - 09:55) *
WHy not point out that the vehicle was on the main road, NOT on an area they control? That seems to be the more pertinent argument, no? s it a public highway?


I believe the road is owned by the Scarborough Properties, I will add that to the response though.

Thanks

Just read the definition of a public highway.

A public highway includes any route over which the public has right of way.

Yes it is.





This post has been edited by long un: Wed, 21 Nov 2018 - 16:14
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