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Thread: PCM - IAS - Help needed please

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  1. #1
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    Default PCM - IAS - Help needed please

    Hello,

    I have read a few posts in this forum and it has given me some hope.

    I have made an IAS appeal, but I need your help to point me in the right direction, please.

    I might have been a stupid cowboy and have said a few things in my first mail to them. Please forgive my attitude in the first contact I made with them, I had a long day at work that day...

    Attached all that I have so far.

    I know I have admitted to being the driver. Do you think I have any hope?

    My PCN was given at this same spot: http://legalbeagles.info/forums/show...urys-HELP!-won
    and this http://www.legalbeagles.info/forums/...adstones-court

    Thank you
    Attached Thumbnails Attached Thumbnails IMG_20170307_225804.jpg   IMG_20170307_225810.jpg   20170218_195614 (1).jpg  
    Attached Files Attached Files
    Last edited by Jaggs; 9th March 2017 at 00:35:AM.

  2. #2
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    Default Re: PCM - IAS - Help needed please

    The copy of notice to keeper is in the Operator's Prima Facie

  3. #3
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    Default Re: PCM - IAS - Help needed please

    My Location is at this same spot: http://legalbeagles.info/forums/show...urys-HELP!-won

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    Default Re: PCM - IAS - Help needed please

    I need to add more stuff before 13/03

  5. #5
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    Default Re: PCM - IAS - Help needed please

    The strongest argument is the unclear and confusing signs.

    As such http://www.legislation.gov.uk/ukpga/...ion/69/enacted

    69 Contract terms that may have different meanings

    (1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.


    You have very little chance of winning this appeal but worth a go. At court this argument has a better chance although we'd hope not to go that far, obviously.

    As always, it's a pity you let them know who the driver was.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  6. #6
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    Default Re: PCM - IAS - Help needed please

    Thanks M1

    So can I reply by saying

    My strongest argument is the unclear and confusing signs.


    According to the Consumer Rights Act 2015


    69
    Contract terms that may have different meanings(1)
    If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.(2)
    Subsection (1) does not apply to the construction of a term or a notice in proceedings on an application for an injunction or interdict under paragraph 3 of Schedule 3.


    Hence it is the responsibility of PCM to make sure there are no conflicting signs attached to their main sign, which in this case is clearly present, no contract was breached.

    There is also a few more things.
    The copy of the Notice to keeper attached in the Prima by the provider is not the same copy as the one I received.
    I have attached mine here.
    The copy they sent me did not have the evidence attached which forced me to go to their website to see the evidence, hence giving them a click bait. You think there is anything I can mention about that?

    Also, the time of the incident mentioned in the two letters they have sent me do not match. one says 18:57 and the other 18:56.n

    Do you think there is any value in them writing 18: 00pm instead of 18: 00? as they did not reply to that point I made in their Prima Facia.

    Also, they haven't provided the contract between them and the leaseholder or landowner saying that they are permitted to enforce no parking at any time for other cars.

    Don't you think this would be a case of trespass and not contract breach, in which case the landowner should be fighting for damages and not PCM.

    Thank you for your time, really appreciate it.
    Attached Files Attached Files
    Last edited by Jaggs; 9th March 2017 at 00:36:AM.

  7. #7
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    Default Re: PCM - IAS - Help needed please

    What do you think @mystery1?

  8. #8
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    Default Re: PCM - IAS - Help needed please

    Further to point number 3 of my appeal i would add that section 69 of the Consumer rights act 2015 states

    "(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

    (2) Subsection (1) does not apply to the construction of a term or a notice in proceedings on an application for an injunction or interdict under paragraph 3 of Schedule 3."

    The photographs provided by the operator show that there are other terms affixed to the signs at the bottom which they have not evidenced. These are the terms i mentioned in point 3 of my appeal. These can be seen in the photographs i supplied.

    As the signs added to the bottom do not make it clear that you cannot park outwith the times they should be taken to mean that parking is free outwith the times stated.





    Something like that, but take the red bit out if you didn't supply photographs.

    The time things are, to be polite, meaningless.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  9. #9
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    Default Re: PCM - IAS - Help needed please

    All sent. Thank you.

  10. #10
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    Default Re: PCM - IAS - Help needed please

    Got a reply from IAS. Appeal Dismissed

    The Operator has provided evidence of the signs at the site, which make it clear any driver parking without fully displaying a valid permit in the windscreen, or parking outside of the advertised time, agrees to pay the parking charge. The Operator has also provided photographic evidence to show the Appellant’s vehicle parked on the land they manage, in close proximity to a sign advertising the terms, and outside of the permitted times. I am therefore satisfied there is a prima facie case the charge is lawful.


    The Appellant has raised a number of challenges to the charge, and I have responded to each below using the Appellant’s numerical reference.


    1. The Code of Practice specifically allows for the Operator to issue a notice by post initially.


    2. I agree this is an error, but it is a tautology. It in no way creates confusion. By using 1800pm, the only thing that the Operator can be accused of is poor use of language and over explaining the times that apply.


    3. The second sign does not contradict the sing relied on by the Operator, and in its wording defers to the Operator’s sign.


    4. The driver is not expected to read it whilst sat in the vehicle. They are entitled to a grace period to read the sign, and only if they remain parked, having had notice, are they bound by the terms.


    5. There is no evidence for this claim and it would not alter the driver’s ability to enter into a contract with the Operator.


    The Appellant has provided no evidence the additional red sign of the nursery was displayed at the time of parking. The appeal is dismissed.

  11. #11
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    Default Re: PCM - IAS - Help needed please

    Do you think I still have any chance of winning if they proceed to court? I posted the photo of the red signs without my car in the background as last evidence. I guess If I take a photo of my car in the frame along with the red sign, I might still have a chance? They still keep the signs there every day and pick them up before 7 pm. This is what had happened on that day when the red sign was picked up the agent managed to take my photo without it. They do use strong words like penalty/fine in this sign.
    Attached Thumbnails Attached Thumbnails Close up Cybertots sign.jpg  

  12. #12
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    Default Re: PCM - IAS - Help needed please

    Yes you have a great chance. Whilst not everyone has, most have at this location.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

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