Hi I wondered whether I could seek some advice for my appeal with POPLA against UKPC please? To summarise, UKPC issued a Parking charge ticket on a vehicle on 9/8/2015 for parking in a disabled persons space without displaying a badge. The vehicle owner was not the driver at the time. A NTK was then issued by UKPC to the vehicle owner on 8/9/15 and the following appeal was sent to UKPC by the keeper: As UK Parking Control Ltd (UKPC) have failed to contact the keeper of the above vehicle within the time stipulated in the provisions of the PoFA, then on this basis UKPC Ltd are timed out and therefore the Notice to Keeper issued is deemed to be invalid. Please note that the Notice to Keeper was issued on 8 September 2015. According to PoFA a Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered NOT later than 14 days after the vehicle was parked (alleged date the vehicle was parked is 09/08/2015). Therefore, as UKPC Ltd are timed out to pursue the above parking charge and have breached the PoFA guidelines, this shows that UKPC Ltd have failed to comply with the PoFA rules and as a result any further contact about this matter will result in a complaint of harassment. Also, due to UKPC Ltd’s failure to comply with the above rules BPA, POPLA and Trading standards have been notified of UKPC Ltd’s illegal practices as a company. The above appeal was rejected by UKPC and a Popla code was issued. An appeal was then made by the Keeper to Popla with the following: The parking incident was on 09/08/2015 and the Notice to Keeper was received on 08/09/2015. According to PoFA, paragraph 9(5), a Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered NOT later than 14 days after the vehicle was parked and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were, I submit I am not liable to any charge. Further to this PoFA, paragraph 8(e) requires the creditor to state that they do not know the name of the driver and a current address for service for the driver. T his is not mentioned on the Notice to Keeper, although it is one of the criteria’s that is required to be met, as stipulated by the law. In addition, no Creditor has been identified on the Notice to Keeper. Failing to include specific identification as to who 'the Creditor' may be is misleading and not compliant, in accordance to paragraph 8(2)(h) and 9(2)(h) of Schedule 4 of the POFA. The Notice to Keeper simply mentions UKPC as the company the payment is to be made payable to. However, in the Notice to Keeper UKPC makes reference to ‘your vehicle was recorded on our client’s private property’ but does not refer to or specify the details of the actual creditor making this £100 parking charge demand. Also, the total charge due in the Notice to Keeper is £100. I strongly believe that this charge is punitive. According to the Unfair Terms Consumer Contracts Regulations 1999, the charge of £100 exceeds the potential cost or consequential loss to the landowner and therefore, the burden of proof is on UKPC to prove that it is not. UKPC replied to the popla appeal with the following defence: On 09.08.15 our warden issued a parking charge to vehicle registration ? at ?. The parking charge was issued because the vehicle was parked in a disabled person’s space without clearly displaying a valid disabled person’s badge. The Parking Charge amount was £100, reduced to £60 if payment was received within 14 days. An appeal was received from ? on 30.09.15, to which the appeals department investigated and decided to reject. ?? states in appeal to both UKPC and POPLA that the notice to owner she received is invalid as it cannot be sent later than 14 days after a charge has been issued, a notice to owner is only sent after 14 days if it has been issued by an ANPR camera. As ?? charge has been issued by a warden, the NTO was sent out after 28 days therefore not breaching the BPA code of practice. We note your reference to Schedule 4, Section 7(2)(e) of the Protection of Freedoms Act 2012. We have now corresponded with you on more than a single occasion and in doing so, we have clearly identified that we are the creditor and that we seek the outstanding charge. A s you have correctly pointed out, identifying ourselves as the creditor is not the same as naming ourselves as the creditor. We have sent correspondence to you in our own name, we also have our registered address, contact details and a means to pay on our documentation, all of which fully complies with the requirements in the Protection of Freedoms Act and all of which indicates clearly that we are the creditor. The highest court in the UK, the Supreme Court, has unambiguously confirmed that parking charges issued on private land are fully enforceable. In the case of ParkingEye v Beavis [2015] UKSC 67 their Lordships stated that private parking charges were enforceable because they served a legitimate interest and were in the interests of the public generally. The case confirmed that the amount of the charge does not have to reflect any loss that might have been caused by breach of the terms and conditions of parking. The Supreme Court decision is binding law on all other courts throughout the UK. UKPC asked ?? for a disabled badge as she was clearly parked in a disabled bay, as this was not provided the charge was correctly issued. We have a duty to ensure these bays are kept free for disabled people under the 2010 Equality Act a nd there is sufficient signage in view of ?? vehicle stating the terms and conditions on site. There are sufficient signs warning drivers that should they choose to park in a disabled person’s space without clearly displaying a valid disabled badge they may become liable to receive a Parking Charge. ?? vehicle was parked without clearly displaying a valid disabled badge and consequently the Parking Charge was issued correctly. Please note for anonymity name has been replaced with ??. Based on the above I would be grateful if anybody could offer advice as to whether there is anything further I need to submit to win the appeal? I have 7 days from today to reply to Popla. Also, is the appeal submitted strong enough to win the appeal? Thanks in advance.

received a letter on thursday saying they had gotten my appeal and to wait for an appointment at tribunal. now ive been told different things about claiming ESA while waiting on the tribunal. ive been currently made to sign on,i sign the first day and within 2 days i was sent to some silly course. im not exactly fit for work but had to agree to that or i'd have no money apart from cb and ctc. i just dont think its plausable that i keep claiming this as my 1 of my conditions get worse with the cold weather which makes it hard for me to use my hands and my legs go as well. so long story short can i claim esa assesment rate while waiting for this and if so who do i contact about it. thanks

Hi, I have the same thing, I also live on Selden Hill. I have appealed saying that I have a car parking space with an OPC badge and because my working hours are long, I come home and generally there is someone in my space, and I have a 1 year old. So I parked in another space and got a ticket. The appeal was declined and the appeal letter stated court action unless I paid the fine (or something along those lines) I am now very worried as I cant afford the fine and dont feel I should pay, and secondly because I cant have a CCJ as it will affect me mortgage wise in the future so I feel pressured to pay. Help and advise would be great!

Hi I wonder if anyone could help. I had been parking at a Premier Park in Southampton from time to time during the summer whilst on a residential course. Unfortunately my car failed the MOT durng this time and I borrowed a car from a relative. The first time I parked this car in the car park I received a ticket as I mistakenly entered the reg number of my old car (you needed to enter the reg number into the machine when buying the ticket). I appealed to Premier explaining the circumstances (it happened on the day of my final exam when I was also packing up to leave my accommodation and I think I must have been distracted, I paid for parking and provided the ticket etc) but was declined, I then appealed to POPLA who also declined my appeal. I have now received a £100 demand from Premier with a threat to pass to their solicitors. I'd apprecite advice on whether I should just pay up or are there any further avenues I can explore. Many thanks

hi forum for now got few quick queries I m appealing a ESA not found unfit for work after an ATOS assessment in the letter says to send the form to and address which for the HMCTS is a PO Box I understand you can send special delivery post (next day guaranteed) to a PO box right and this should be fine sending my appeal form to the tribunal service this way? also the PDF form is editable ie can type in it on the computer and fill it in that way so I could do it that way then just print out and sign/date it... beats my handwriting anyway but it says on the form to write in black and in BLOCK capitals is this significant don't want em sending it back. thanks for any info thanks PS - also no phone number to contact them or an email contact on the HMCTS website ???

Hi I am at the stage of appealing to POPLA but need some advice. On the 14th August I received via post an invoice from Park direct issued 11th August. I have a newborn and he had been sick so I briefly parked in a residential car park and sat in the back seat to attend to him. I stayed in the car park for less than 5 mins and did not exit the vehicle. The invoice stated that I must pay £100 reduced to £60 if I paid within 14 days. I replied back on the 17th stating I should not pay this invoice as I did not enter any contract as I did not leave the vehicle and with a newborn why would I leave the car without him and I would not have had any time to read any signs. In doing so they maintain upon immediately entering the car park whether I have read the signs or not, I have entered into a contract with them. There are pictures taken of my vehicle which are less than 5 mins apart and at a bit of a distance. Park direct maintain the vehicle was empty and the photos prove this but I was in the car and bent over to attend to my son. I think they did a sneaky job and took photos where I was in the back seat leaning over him! This makes me so angry!! I also asked them to show me how the invoice for £100 was justifiable and how I was causing an inconvenience (all bays were empty at this point). They quoted Beavis vs parking eye and did not provide a breakdown which I had requested showing me any losses or how they arrived at that amount. I lastly asked to see the contract between the landlord and themselves which give authority that they can issue invoices and they refused on the ground they are under no legal obligation to do so. They did provide a POPLA appeal number which I asked for and also urged me to pay right away. I did return to the scene to check. The nearest sign to me was about 15 metres away although visible but was in the bushes. It is more of a warning sign but does not issue terms and conditions of parking, other than no stopping or waiting without a permit or you will be fined. I was always under the impression that private operators usually give more lengthy terms and conditions? The way the sign was situated, one could assume it was for the car park next to the one I was in as all the bays in the area I had parked in had a "V" painted on the bay, so is it right to assume this is a visitor bay? I want to appeal to POPLA as I don't think that this is right! How should I go about it? Any advice would be greatfully received.

Hi there, I don't know if anyone can help, or if anything can be done, my problems are twofold. I received a Penalty Notice in October due to not showing a valid ticket. I purchased an off peak travelcard for all zones to travel across South London for the evening. The travelcard was purchased at a Southern Network Rail station just before getting on a bus to a London Overground Station. I then travelled two stops on the train and got off where I was stopped by inspectors who informed me that I had purchased a ticket for the wrong date (the next day). I realised that in my rush as well as being on the phone trying to sort an issue, I must have pressed the next day on the machine which I purchased the ticket from but understood that as it was a genuine mistake I would have to purchase another travelcard. To my surprise, the ticket inspector informed me then that I would be liable to pay a penalty fare due to not having a ticket to show. I explained that I just did not look at at the ticket when I got it, I did not attempt to evade a fare and this was not even the end of my journey as I still had to get on the Underground, I also presented my ticket to the driver of the bus and unfortunately the barriers were open at the London Overground Station where I got on the train so would never have used the ticket had I have been made aware. I have appealed the penalty fare, but it was rejected on the grounds that it is my responsibility and I should have let a member of staff know before I travelled. I presented my ticket to a bus driver before any train travel and I had obviously purchased a ticket just before I was about to travel, does this amount to fare evasion?? I have now been given 14 days as of last week Tuesday to 2nd Appeal but also to pay the fine. It is however not clear if I must pay the fine and appeal at the same time, or appeal and if rejected again, then pay the fine. I also want to ask if it is worth my time appealing again, or let it go I guess.

Greetings. I filed an N164 asking for permission to appeal about a month ago. I haven't heard anything back yet. I was wondering... is the N164 form, where you tick "I ask for permission to appeal", essentially a request to the district judge who has the case for permission? Or is the N164 with that option ticked essentially an appeal notice that will go to the circuit judge where they will decide on permission to appeal? I would like to proceed by filing an appellant's notice and ticking "No" in answer to "Has permission been granted?". Any thoughts?

http://www.moneysavingexpert.com/news/protect/2015/06/motorist-takes-parking-charge-challenge-to-highest-uk-court I would now argue that if any PPC try to use the current judgement in their claim that the defendant highlights that an appeal has now been filed and the reference to Bevis be inappropriate until the supreme court make a ruling. Let us hope common sense prevails.

Hi I have been trying to fight a PCN i received after parking in Wickes in June this year. I wrote a letter downloaded from another forum, and then appealed directly to Wickes who emailed G24 to say we were in the store and to cancel the fine. I thought that would be the end but received another letter with an increased fine for £100. I wrote again and included a print out of the email have just received another letter stating the appeal was too late. The letter gives me two options, pay the fine or debt recovery (or court proceedings) The letter concludes by saying G24 may engage with IAS alternative dispute resolution scheme at their discretion. I have tried to appeal with them but keep getting an automated message telling me to contact G24, but so far my emails have bounced back. The email from Wickes was later then the deadline but i thought it showed clearly we were not at fault . I cannot afford this fine and am very worried . Do i have any options?

I pay for my parking monthly via Dash and park at a site managed by NCP. Dash allow multiple vehicles to be registered on their system. I renewed my parking but as we were going to be away for a few days I renewed the July payment on my alternate registration. On return my logged in and changed the vehicle normally parked to primary. Over the course of August I received 3 PCN notices, all challenged and two of which were acknowledged as noting the car actually parked was registered on the account and cancelled; the third not. I raised an appeal through POPLA, which surprise surprise has been refused. The PCN is for £100 vs a £3.70 daily charge for 24 hour parking, and a prepaid sum of £67.40. I made every effort to change the designated vehicle through the party that took my money to pay for the use of parking for the period in question. At no time were both vehicles ever parked at the site simultaneously. The fact that two notices were rescinded in my opinion creates precedence and by that alone makes the refusal of the third unfair. Where do I turn to now? This refusal by their own 'old boys club' is a joke in its self. Any guidance is appreciated I am not familiar with UK county court processes. Many thanks

Hello, Firstly, I live in flats with my own space. We have a Right to manage arrangement with a company that deals with our day to day. We had problems with the old company and used RTM to remove ourselves from their management. Thought i'd say as it may or may not be relevant. I went on holiday for the few days and took my permit out for my dad to use while i was away. I got back and forgot to put it back on display. I got a ticket for ' not displaying a valid permit '. They now want £50.00 which has now doubled because of a failed appeal. I checked in the forum and sent an appeal that stated. ' To whom it may concern, Invoice number: Pxxxxx As the registered keeper of the vehicle index EUXX XXX, I wish to invoke your appeals process due to the fact that I am not liable to pay the amount invoiced or any other amount to you. It is my own space and therefore wish for you to provide me with a pre-estimate of loss. I'm giving you this information to save you the effort of continuing this. Please cancel this charge immediately or issue me with a valid and correctly issued POPLA code. You cant and wont win, so your choice. Signed Registered Keeper. To whom it may concern, Invoice number: Pxxxxxx As the registered keeper of the vehicle index EUxx xxx, I wish to invoke your appeals process due to the fact that I am not liable to pay the amount invoiced or any other amount to you. It is my own space and therefore wish for you to provide me with a pre-estimate of loss. I'm giving you this information to save you the effort of continuing this. Please cancel this charge immediately or issue me with a valid and correctly issued POPLA code. Signed Registered Keeper. I have received a letter back denying my appeal. See attached JPG. ( hope a JPG is ok ) I knew they would deny the appeal. I expected and long drawn out mission but the principle of the matter really annoys me. We were requested to provide number plate details to the company. I asked the owners association person in our flats to see what he could do. He said they can do it and can't or wont help. I'm a stress head of a person at best and now I'm a bit concerned that I'm getting involved in something I perhaps shouldn't. How should i proceed? I know the ignore it option but they seem more organised than a UKPC which i had the same issue with some years ago. In that case, I just replied to every letter with ' I dispute I owe you any money ' and eventually a 'cease and desist ' letter. Any help would be greatly appreciated. Thanks in advance.

I thought I'd pop some details on here of a successful appeal I've just won. I was given a PCN in a local carpark despite having an annual local authority permit on the basis that I didn't display a parking 'clock' (one of those cardboard 'wheels') to show how long I'd been there. Now, in reality, they were right. I didn't have a clock, much less display one, and I'd only put the car there temporarily to move stuff from my car to the office which was just around the corner. The difference between this car-park and my regular one is that due to the fact that it's a designated short-stay one in a VERY busy tourist town. The signage is quite clear and it specifies that permit holders can only park for two hours and must display a parking clock (the benefit of hindsight when I went back to check the signage). My regular one is a designated long-stay car park which doesn't require a clock to be displayed. I appealed on the basis that I had only been there for less than 30 minutes and admitted that it was my oversight and that I'd not been sent such a clock with my annual permit. I apologised and asked for my penalty to be cancelled on the basis that I now understood my obligation to display one of these clocks (and asked them to send one to me) alongside my annual permit. Thankfully they've agreed, I feel £50 better off this morning!

Hi Folks, Been working with a big company for 15 years. Applied for a shift change through flexi working in August, same hours per week just some different days/hours. This was denied early sept and same day sent an appeal with evidence showing that in fact for business purposes would benefit the company to my manager as advised by them. The same day, unknown to me at that time, another person in the company opened another request on my behalf for one of the shifts already requested. This was denied late sept, on the same day I raised a grievance about procedures not followed as had no acknowledgement of the appeal i raised early sept. I also raised the same appeal on the second request the same day all confirmed received by my manager. The following week I raised a second grievance for breach of confidentiality - again as protocols was not followed as someone who should not have access to my details did. So now 4 weeks from my original appeal I have not heard a peep. Any advice on what i should or should not do would be appreciated. ILOD

Hi all, I received a ticket from Carparkingpartnership. I normally send them the standard letter at which point they scrap the fine. However this time they have rejected my appeal. Any help and guidance would be gratefully received

Hi all, hope someone can help with this. I’m on Universal Credit and have been “signing” every two weeks where I don’t actually sign but Jobcentre staff review what I’ve been doing. I’ve kept my own spreadsheets and have presented a printout with each meeting, I’ve got the member of staff to initial and date each time so that they are happy with it. They’ve mentioned about documenting time spent and applying for positions outside my “perfect job” I’ve been doing this and spending way over the supposed 29 hours (I do voluntary work too) Today I’ve been given a UC71 form and a doubt about not applying for any job I am capable of doing. I apply for an average of nine jobs a week and take enough time about it so that it’s a well thought out application. I’m a bit confused to how they could think I’m not doing enough. Also why didn’t it come up at the time so I could have avoided this. I’ve been asked to come up with six weeks worth of additional information about other positions I’ve applied for. I’ve got seven days to reply so would greatly appreciate any advice about how to deal with it properly. Cheers pc.

Hi there, I am new to this and would kindly welcome some advice if anyone could help? I'll keep it brief and to the point. Work for global corporation, my head office based in UK. Employed by this company for nine years, no complaints at all. Had various directors, regional managers and line managers over these 9 years. Company was restructured late December 2014, I inherited a different regional manager and line manager in January (both who work in a different division and have no knowledge of the job I do, regional manger been there for at least 7 years, line manager only promoted to line manager in January 2015, previously same job spec as mine only different division). Was given a complete new territory in January unannounced (had been consultant for a different territory for over three years and built up good trust and sales with these customers). Regardless, went out and done my job, hit my sales target in January despite the whole territory being new. Two weeks into February had a conversation with my new line manager who was enquiring why the mood was so low in our team ( a team of ten consultants) and I had offered a suggestion that "maybe the constant negativity wasn't helping" . I said this as we had all received a barrage of negative emails and phonecalls from said line manager, and everyone was moaning about it, seen as we were a new team that had been put together in January, me being the longest serving employee out of the whole team said what I said. The day after, at 7.30pm I received a friendly txt from line manager asking if I could meet him the following day to have a chat about figures, I agreed as didn't think anything of it, went to the meeting location the next day, was invited into a room by line manager, next thing regional manager walks in (unannounced) asks me "do you know what youre here for" when I replied "it was my understanding I was here to have a chat about figures with line manager, he said "no, youre going to pick your way to leave this company". He said "you can either resign, or I will make your life hell and make you leave". You have until Tuesday the following week to decide. I told him after a barrage of abuse from him, I wasn't resigning. The next morning the abuse continued, wont go into detail just now but will if anyone wants to know the details, just want to get the main points out just now. The next day I met with HR as I was disgusted at what had happened and told HR everything that had been said and proposed etc. HR (after hearing my side of the story), two days later, they wrote back saying they had spoke to both concerned and that they had all agreed that they would all meet with me to have a discussion. I was horrified at this, I had been duped into a meeting were it was a 2 vs 1 scenario, no witnesses, was totally bullied and intimidated, no witnesses, and HR wanted me to meet with them again under the same set up, ( HR are supposed to be impartial but in our company they are not). Before this week came around I was that ill after the original meeting, had nearly crashed my car on a busy motorway after suffering a severe panic attack, more followed, that my GP signed me off work and prescribed anti anxiety medication. To cut a long story short, I raised a grievance, it was heard by same HR I had spoken to initially and another manager who offered me a "new position" when accompanying me down in the lift out of the meeting room once the grievance had been heard, I said nothing. It took them 5 months to conclude the grievance stating time out of office and work commitments. When the notes came out it was clear that both managers had colluded, also my notes were missing, when I asked about these, they then sent a diluted version of my notes, when I asked them that I wished them to be amended to what I actually said, they thanked me for the ammendum but stated it wouldn't change anything. They also added parts to my grievance which were not included, to absolve themselves I guess. My post was on a recruitment site straight after (I know this is not against the law but trying to give an insight). None of it was upheld. The two investigating, made the conclusion. In between the grievance conclusion and me stating I wished to appeal, the person I raised the grievance about was promoted. The Grievance appeal was heard by same HR person and finance director, was cut short as they had a flight to catch. I was then sent the notes of said meeting, it was so heavily diluted that anyone who didn't know about it would have a hard time working out what all of the fuss was about, my witness emailed their notes, after that, although a conclusion was promised by the end of last week, straight after my witness submitted their notes I received a "without prejudice" email asking me to accept a paltry amount of money. I would gratefully accept any advice on what to do next, if anyone has any questions please ask, I just tried to keep this post short (ish) and to the point. Thanking you all in advance.

Hello all I recently received a parking charge notice from G24. I had recently had one from parking eye where by browsing these forums I was not the driver on either occasion and was able to understand how to appeal to them at the stage I was at and was successful overturned within days. I made the mistake of thinking the same process would work this time and my appeal was rejected. I was invited to appeal to the IAS and conducted my appeal based on their code of practice. They seemed reputable and that the charge was groundless as there own code of practice was in my opinion not adhered to. I have received an email today that this appeal has been dismissed with the below response: Dear xxxxxxx, The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal. Please see below for the full details. Parking Charge Number (PCN): xxxxxxxxxxxxxxxx Vehicle Registration: xxxxxxxxxx Date Issued: 19/08/2015 Appeal Outcome: Dismissed The Adjudicators comments are as follows: "It is important that the appellant understands that the adjudicator is not in a position to give legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the appellant (it is intended to be a guide) and the Appellant is free to obtain independent legal advice if they so wish. The guidance to this appeal makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. I am also only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. In this appeal procedure the onus this is on the Appellant to prove their case on the balance of probabilities. On considering images provided it is clear that sufficient amounts of signage existed on the site at the time of issuing the Parking Charge Notice (PCN). The Operator shows evidence that the maximum amount of time allowed is 120 minutes and that the Appellant’s vehicle was on site for a total of 152 minutes. As it appears to be accepted that the Appellant was on site in excess of the maximum parking period I am satisfied that the PCN has a basis in law. Various documents have been provided by both the Operator and the Appellant, all of which I have considered. I am satisfied to the required standard that the signage on site complies with currently regulations. I am satisfied that the Appellant has been made reasonably aware of the terms contained within these signs. The Operator is able to show their signage at the entrance and throughout the site. By staying on the site for longer than the 120 minute maximum period the Appellant agreed to pay a charge. The Appellant queries the level of the charge. The Operator does not pursue the Parking Charge following a breach of contract. The Parking Charge has been issued pursuant to a specific contractual term and therefore the question of loss is not a relevant consideration for this appeal. In my view the parking charge is not excessive for two reasons. First, because the amount being sought by the operator was clearly communicated to the appellant by way of the signage on the site. If the Appellant considered the charge to be excessive, the Appellant had the choice to reject it by either not parking or parking in accordance with the terms. Second, the amount being claimed by the Operator is in my view justified given the operator's running costs. It is also in line with industry standards. For further guidance on this point the Appellant may wish to consider the judgment in PARKINGEYE LIMITED and BARRY BEAVIS [2015] EWCA Civ 402 I note the Appellant’s comments regarding the driver of the vehicle at the time of issue however it is the driver’s responsibility to ensure that the te rms of parking are complied with and whilst sympathizing with the Appellant, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed. " As your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred. As this appeal has not been resolved in your favour, the IAS is unable to intervene further in this matter. The Operator must now allow you 14 days to make payment before they commence any action to enforce the charge. Should you continue to contest the charge then you should consider obtaining independent legal advice. IMPORTANT: The following information relates to appeals which were submitted on or after the 1st April 2015: If you wish to view the evidence that was relied upon by the operator then you may log back into the IAS system and view it, but by doing so you agree to the following terms: You agree that the operator’s evidence, including any comments, documents or photo’s are made available to you in strict confidence. YOU MUST NOT DUPLICATE, PUBLISH, SHARE OR REPRODUCE THE INFORMATION IN ANY WAY without the prior written permission of the parking operator. Without prejudice to any other right arising from breach of this agreement, you agree to indemnify the parking operator and the Independent Parking Committee Limited in respect of any costs or other expenses howsoever caused for any breach, by you or any others with whom you provide this information, of this confidentiality agreement. You can log in at http://www.theIAS.org by entering your email address and the password that you created when you first registered the appeal. Yours sincerely The Independent Appeals Service Independent Appeals Service 4 The Stables Red Cow Yard Knutsford Cheshire WA16 6DG w: http://www.theias.org e: [email protected] The Independent Appeals Service is a trading style of the Independent Parking Committee Limited, Registered address: 4 The Stables Red Cow Yard, Knutsford Cheshire, WA16 6DG. Registered in England and Wales (08248531). The content of this email transmission and any documents attached to it are confidential and are intended for the named recipient only and may contain information that is subject to legal privilege. If you have received this email in error or are not the named recipient you are expressly forbidden from copying, storing or further distributing the contents of this transmission by any means. Disclosure of the content of this email transmission or its content may amount to contempt of court or a criminal offence. If you have received this email transmission in error you are requested to notify the sender and delete the email and its content forthwith. The Independent Appeals Service does not accept service of documents by email. Any advice anybody can provide about how to proceed with this would be appreciated. I have attached my initial appeal to G24 and the one I sent to IAS I also have good photos of the car park etc. Can anyone advise whether or not credit reports etc can be affected by these fines?

I have been posting on the bailiff section of the forum for close to 10 years and in all that time, regulars will know that with the exception of Out of Time witness statements for road traffic debts and statutory declarations for criminal court fines, I rarely if ever suggest that debtors take legal action to resolve a dispute regarding bailiff enforcement. Over the years I have also reported on many cases where legal action had foolishly been recommended and where debtors had lost their case and been ordered to pay the enforcement company (and or local authorities) legal costs. Many of these cases were in relation to 'Form 4 Complaints' and unfortunately, many such cases were on the recommendation of just one inexperienced individual who now offers an extraordinarily expensive 'McKenzie Friend' service. Sadly, there are no reports of any court successes. The new regulations have made a significant change in the way that disputes about goods taken into control by a bailiff/enforcement agent can be resolved. If a debtor or third party considers that goods should not have been seized there is now a simple, effective and speedy remedy available under Part 85 of the Civil Procedure Rules. A simple notice outlining the reason for the dispute must be sent to the enforcement agent within a maximum period of seven days. The EA then have a strict time period in which to inform the creditor (normally the local authority) that a dispute had been raised. The creditor then has the task of making a decision as to whether to admit or dispute the 'claim'. If the creditor agrees that the goods were wrongly taken, then the goods must be released. If the claim is disputed, then it will be for a court to decide whether or not the seizure was correct. Below I have provided a link to a very recent judgment (April 23rd 2015) from the Court of Appeal-Queen's Bench Division that highlights once again the problems that debtors can face when instigating legal action against a local authority and enforcement company.

Ok, so we got sent one of these ANPR type tickets from Smart Parking the other month for overstaying at an ASDA car park. I wrote to them appealing ticket and they since have written back with photos of the signage and dismissing my claim. They gave me my POPLA number and so I have begun the appeal to POPLA. Not sure if im missing something here but nowhere on the POPLA website is their anywhere to state why you appealing just some tick boxes and personal data. How does POPLA know my grounds ?

Hi guys... here is my situation... I work for a charity in London on a beautiful summer's day (15th July 2015) we had to offload 1,500 cakes to be delivered to donors across the city to raise money for our charitable cause. Our volunteers are our delivery agents that go door2door personally delivering these cakes. We decided to meet at a retail car park, which was dead quiet that afternoon, to quickly unload the cakes from our van onto the volunteers' cars. However due to severe delays in traffic that day the van arrived 2 hours late. However the volunteers that arrived on time stayed in the car park waiting for the van to arrive. As a result 5 of our volunteer drivers received Parking Charge Notices in the post (ANPR) from Highview Parking for overstaying in the car park. On 5th of August I provided an appeal letter to the drivers to appeal (Attached "Parking-Challenge-Cakes4Syria Drivers_05-08-15.pdf"). All 5 of them sent the appeals. On 20th August they were sent letters rejecting their appeals. Rejection letter attached "IMG-20150824-WA0005_V2.jpg" From researching around the net, the most common advise seems to be to ignore their threats and let it go away. However, because these are young volunteers, never been on the wrong side of the law, they are too scared of the alleged consequences and would prefer it to be formally resolved. Help and guidance on the next step would be gratefully appreciated.

We are asking people to make donations in order to help us collect the cost of the transcript of the hearing and judgement in a recent successful case against Npower. You can read the Npower thread here: – http://www.consumeractiongroup.co.uk/forum/showthread.php?436401-nPower-Mismanaged-account-County-Court-claim-issued-aganst-Npower The case which was heard last week is the culmination of a long 2 to 3 year battle against harassment and mismanagement and incompetence by Npower and their legal department. Although the case did not produce the damages which were asked for, the judge did hold that Npower had contractual duties towards their customer and that they were in breach of their duty. This amounts to a very significant victory because Npower denied that they owed any duties at all to their customer - whether in the quality of their account management, their complaints handling or even in respect of a duty to provide accurate bills. (Frankly, you could scarcely make it up!!) Even during the case, the Npower lawyer tried to divert the discussion away from the issue of liability altogether. Furthermore, the judge criticised Npower and made it clear that he thought that the customer had had a very difficult time and was entirely justified in bringing the claim. The claim had been made unnecessarily complicated by the poor and unprofessional bullying approach of the Npower litigation department. This fact was not lost on the judge who went on to criticise Npower in scathing terms about the style of their litigation. We will be doing a full write-up of the case and also of the unprofessional approach which Eversir has had to endure for a considerable amount of time, just as soon as we receive the transcript. We will be publishing much of the transcript on this forum for other Npower victims to read. We have just made the application for the transcript but it is likely to cost in the region of £800-£1000. We need help to pay for this and so we invite anybody to make a donation to us. If we are lucky enough to receive more than the cost of the transcript, then anything extra will simply be used as part of our resources to pay our bills and expenses and to keep on going to provide our help for free. If you would like to donate, then please click on one of the donate links and you should be taken to a PayPal page. If you don't have a PayPal account, click the link anyway because you will be able to use a credit or debit card instead. Please only give what you can afford – but do remember that if you are giving a very small amount, that PayPal takes a minimum fee from every donation and also a percentage. This means that if you are considering donating only £1 or so, a substantial part of this will simply go to PayPal – and so without appearing to be ungrateful, you probably shouldn't donate. Please tell your friends or tweet this message using our short url http://cag.tw/1iqb

I've had my adjudicator response to 3 historic loans dating back to 95,96 and 98. they haven't found in my favour. In the absence of any paperwork, they're reached their decisions based on other similar cases from the same bank. what would generally be the grounds for an appeal, where there's no paperwork whatsoever?

Hi, I failed my WCA at ATOS and I am appealing. I saw a doctor at my surgery (not my regular one) yesterday to get a Fit Note as I have now had my ESA re-instated pending the appeal hearing. But, the Fit Note says I'm not fit for work because of the following conditions: Appealing WCA I went back to the doctors this morning as asked if it was correct to put: Appealing WCA as the reason I am unfit, and not Depression which is the real reason I cannot work, but the doctor said that's what they always put on Fit Notes when your appealing a WCA decision, is this right? It is also recorded as Appealing WCA on my medical notes which I have a copy of. My medical notes will be used as evidence in my ESA appealing hearing, as well as my PIP Appeal hearing. I'm concerned that this might negatively effect the outcome of both hearings. I'm I just worrying too much, or is this likely to be a problem?

Hi Firstly a big thanks to this forum and the people here for their tips! Recently had a bus lane PCN cancelled by Lambeth Council. Hopefully anyone in a similar situation can benefit from the resources and information below. Judging by the c.£172k (!!!) in average annual income from this single location. This is very nearly almost resembles a racketeering operation by Lambeth Council. No doubt there are some legitimate contraventions, however the nature of this particular area would suggest some motorists are caught out due to failings on the behalf of Lambeth Council to follow Traffic Sign Regulations. Situation On driving southbound on Westminster Bridge Road towards Lambeth North station, unwittingly ended up in a bus lane as road markings and signage was incorrect and/or insufficient (see images). Received a letter a few weeks later with an initial £65 fine if paid in 14 days, or £130 thereafter. Scoured this forum and a few others for some advice as I'm usually quite vigilant with bus lane operating times and didn't recall seeing one. Found some good advice as to how a Bus Lane, and indeed other road systems, should be set-up in ‘The Traffic Signs Regulations and General Directions 2002’. Went back in person and walked the area, took a few pictures of everything. In particular, the very poor lighting, and blocking (ironically) by parked buses of the first sign; lack of distance between 1st & 2nd signs; potentially unsafe conflict area with pedestrian crossing markings; twisted signs and short road markings and so on. I did this not to be pedantic. One would imagine roads systems are designed to allow road users to travel as safely as possible, giving consistent and recognisable warning of any changes in the road ahead. Our appointed officials must play by the rules if they expect us to, and be held accountable when they do not. Having gathered some evidence I drafted the following letter as an informal appeal: Dear Sir/Madam I am writing to informally challenge the issuing of the above PCN on the following grounds: The bus lane in question is non-compliant with the ‘The Traffic Signs Regulations and General Directions 2002’ deeming the PCN unenforceable. The restrictions were not correctly signed and the road markings were incorrect. 1. The sign to diagram 958 is not located 30 metres in advance of the lane taper. As shown in the attached image, a sign is only located at the start of the taper. (Fig. 1 – taken 07/11/2014) 2. The sign to diagram 958 is not clearly visible. As shown in the attached image, the sign has been rotated to a position near-parallel to the flow of traffic. Rendering it not possible to safely view from the usual left lane driving position. (Fig. 2 – taken 07/11/2014) 3. The taper to indicate the start of the lane is not the required length or ratio of 1:10. (Fig. 3 – taken 07/11/2014) 4. The deflection arrows to diagram 1014 are not positioned correctly and are not the correct length. There are no deflection arrows upstream of the start of the taper as required. The position the arrows should be, would actually conflict with pedestrian crossing road signs. (Fig.4 – extract from Google Maps on 07/11/2014) 5. The pictures of the alleged contravention supplied on the PCN do not conform to ‘The Bus Lane Enforcement Camera Handbook’ published by the Home Office. Failure to show the correct information in the correct order must prove that the images are not admissible and render them void therefore there is no evidence that any contravention occurred. Therefore the instrument used does not appear to be an approved device. 6. Further, on inspection of the footage provided: a. No buses were hindered in their progress – alleged contravention would be de minimis b. There is no gain in position on another vehicle – alleged contravention would be de minimis c. Any attempt to rectify my driving position would have necessitated a rapid lane change to the adjacent right hand lane before another rapid lane change to the left, in order to turn left at the traffic lights ahead to continue my journey. Actions which I would deem confusing and hazardous to other road users, particularly cyclists. Should these representations be rejected then please treat this as a request under the Freedom of Information Act 2000 for the following documents: a. A copy of the bus lane order or regulation giving effect to the Bus Lane. b. A copy of the Safety Audit for this road layout. c. A copy of the engineer’s scale diagrams showing the layout of this Bus Lane, the road markings and the signage (including warnings of camera enforcement). d. Copies of any approvals of deviations of signage from The Traffic Signs Regulations and General Directions. e. Logs of maintenance visits verifying existence and condition of the signs. f. Certification of type approval of the CCTV device. g. Details of the number of times that the videotape used has been degaussed and reused. h. A copy of the Camera Enforcement logbook recording the alleged contravention. i. Copies of the still images showing all the required information in the correct order. j. The number of PCNs issued by London Borough of Lambeth in respect of this location. k. The number of PCNs issued by London Borough of Lambeth in respect of this location and cancelled by them following informal challenges. l. The number of PCNs issued by London Borough of Lambeth in respect of this location and cancelled by them following formal appeal to them. m. The number of PCNs issued by London Borough of Lambeth in respect of this location and cancelled following appeal to a PATAS adjudicator. n. The number of PCNs issued by London Borough of Lambeth in respect of this location and not pursued by them for any other reason. o. The average monthly penalty revenue raised by London Borough of Lambeth in respect of this location. I ask that you acknowledge this challenge at your earliest convenience and respond with your reply. Yours sincerely, XXX The informal appeal was rejected, to little surprise. Being quite adamant this bus lane was incorrect, I was quite willing to take this the full 12 rounds of appeals PTAS etc. For the formal appeal I sent the same letter, less the FOI requests. After several months of waiting the PCN was then cancelled! I do hope the above is of some use to anyone in a similar situation! Link 1: google maps (retrace your steps!) Link 2: pepipoo.com/lofiversion/index.php/t81781.html Link 3: consumeractiongroup.co.uk/forum/showthread.php?290879-Bus-Lane-PCN/page11 Link 4: davidmarq.com/uploaderv6_1/files/7/PATAS.pdf Link 5: forums.pepipoo.com/index.php?showtopic=92678&pid=992720&mode=threaded&start=#entry992720 Link 6: londonbikers.com/forums/840159/Bus-Lane-Fine,-but-I-think-I-can-get-away-with-it?PageIndex=3 TL;DR Drove in a bus lane as road markings and signage were incorrect. Informal appeal failed, formal appeal successful. £130 saved!