IAS Refection

[Tsalami]

Hi I wonder if you can help. I would like some advise on what I can do next after having my appeal declined by the IAS.
On the 5 Dec 2020 I Parked on a housing estate in Romford Bournebrook grove / Wideford Drive . After displaying a vilid visitors parking permit. About a week later I received a ticket by post from UK car park Management. CPM. I appealed the ticket which was subsequently rejected I then appealed to the IAS. Which was also declined. During both appeals I raised what I believed to be valid issues and concerns regarding the validity of the PCN which were not even mentioned or addressed in the rejection letter.s

My Main issues was regarding the identity of the bay I had parked in. On the day I had made sure to check for any information next to the bay to indicate what type of bay it was or used for eg. residents only Etc. Which it did not have any.
There for the bay was unmarked. The visitors parking permit I used stated that it was to be used in visitors/ unmarked bays only The only signage that I could see was situated accross the road from the bay I had parked in. Which stated parking terms and conditions. But did not give any information about the bay I was parked in accross the road

Secondly. The operator claimed that I was ticketed because I was in breach of their parking rules but did not clearly state what I had done wrong. Even after requesting information regarding the nature of the bay I had parked in this issues was not address in both rejection letters from the operator and the IAS.

After having both appeals rejected I would like some advised where I go from here as I believe I am being unfairly treated by both parties.

[ostell]

You sit tight and wait for the letter before claim

[Tsalami]

Thank you but could you elaborate on your suggestion.?
Sit tight and wait for the claim.

[ostell]

What else can you do other than pay?

You could post up the PCN you received, the signs in the area and the bays, your appeal and their response

[Tsalami]

Hi attached are details of the ticket, supporting evidence from the operator, supporting evidence that I submitted, and my appeal to the IAS. also you will find pictures of the spot where i parked that shows no signage by the bay area also the signage located across the road also bare in mind that the signage did not state the nature of the bay i was parked in

[Tsalami]

Hi please find attached a summary of my appeal to the IAS and the Adjudicator decision. also attached is my previous post and all my supporting evidence. I would really appreciate some feedback and advised on how I proceed based on the information provided. Do I have a case if I wait as suggested and it goes to court?

Since my previous post I have already received a letter from CPM demanding payment of the outstanding £100 with notice that it will increase to £160 in 28 days from notice of the letter.

I am willing to take this all the way providing I have a good chance of winning my case if it progresses to court.

[Tsalami]

Hello everyone since my last two posts I have had no response from the forum . As a new member I hope I have not broken any social etiquette forum rules. If I have my apologies..

Its just that I have seen other posts on here that seem to have had more attention from forum members.

I am not a person who is savvy with legal matters. So please could the forum take a look at my posts and advise me on how to proceed.

Thanks

[ostell]

As you appealed to the IAS then a rejection was to be expected. You will find in other threads that appealing to the IAS is not recommended. The IAS was set up by the same solicitors that created the IPC, though they have now hidden the connections, it's far from independant and so they tend to reject for their members.

There is nothing you can do and only wait to see if it goes on to court.

Keep all the paperwork and come back if CPM decide to take this to court

Here's something for your defence, though it wouldn't affect your IAS appeal


The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. Any claim that a contract was created is perverse. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.