Regulating to build consumer trust in phone-paid services
PhonepayPlus is the organisation that regulates products or services - such as competitions, TV voting, helplines, adult entertainment, downloads, new alerts or interactive games - that are charged to users' phone bills or pre-pay accounts.

10 Appeals

10.1     Service providers, applicants for permission, information providers, associated individuals and network operators (‘appellants’) may, after an oral hearing at which the appellant or his representative has appeared, appeal to the Independent Appeals Body (‘IAB’) against Tribunal decisions and adjudications (other than any adjudication by consent).

Appeals may be made on the following grounds:

  • the disputed decision was based on error of fact,
  • the disputed decision was wrong in law, or
  • the Tribunal exercised its discretion incorrectly in reaching its decision.

10.2     In order to institute an appeal, the appellant must provide a written notice of appeal setting out the grounds upon which the appeal is made and the facts and matters upon which it is based, to be received by the clerk to the IAB (‘the Clerk’) within 20 working days of the issue of the Tribunal adjudication or determination which is the subject of the appeal.

10.3     The notice of appeal must be accompanied by:

  • the written adjudication,
  • the case bundle used at the Tribunal oral hearing,
  • a security deposit of £5,000 or an application (to be determined by the Chairman of the IAB) to waive or reduce such a security deposit setting out the grounds for such waiver or reduction,
  • a description of any new evidence upon which the appellant intends to rely and which, for good reason, was previously unavailable,
  • if the notice of appeal and/or any necessary accompanying documents are being provided to the Clerk more than 20 working days after the issue of the Tribunal adjudication, the appellant must also provide an application (to be determined by the Chairman of the IAB) for the appeal to proceed, setting out the reasons for the delay and the grounds for such application.

10.4    If an appellant or his representative failed to appear in person at an oral hearing for good reason, but the oral hearing proceeded in his absence and the Tribunal has refused to permit a further oral hearing, the appellant may apply to the Chairman of the IAB to request him to require that the Tribunal holds a further oral hearing.

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