Vcs & ipa

Hi all.

I appealed my PCN issued by VCS to the IPA and have been dismissed and ruled in favour of VCS.

My argument was that I had only recieved the NTK on 01/02/2016 when the date of offence was 14/11/2015, which is over the 56 day limit.

Their response is detailed below :

[FONT=&quot]"I am satisfied that the Operator has established a prima facie case. In response to this the Appellant raises a number of points in their appeal and I will consider each point in turn.

1. The Operator confirms that a PCN was attached to the vehicle, although a photograph was not taken. The Appellant states that there was not one on their vehicle when they returned. It is possible that this could have been removed (by the third party) or blown off prior to the Appellant returning.

2. The signs states that parking is for customers of Lloyds and Booths (albeit Booths is closed). It is implicit in this term that parking is for individuals making use of either Lloyds or Booths on the day of parking.

3. Simply because the Appellant holds an account with Lloyds that would not entitle them to park as and when they choose. It is impossible for me to guess what the driver may or may not have done on this occasion without evidence from them or documentary evidence confirming that they were a customer on this occasion.

4. and 5. The Operator does not pursue the Appellant as Registered Keeper, but as the driver. Therefore the time limit detailed in POFA 2012 is not fatal to the pursuit of the PCN.

6. The presumption that the Registered Keeper is the driver, is a presumption based in case law, namely Elliot -v- Loake (1982) which held that in the absence of sufficient evidence to the contrary, the keeper of a vehicle is assumed to be the driver.

In these circumstances I am satisfied, on the balance of probabilities, that the Appellant is liable to pay the Parking Charge." [/FONT]

If as is noted in point 1 they attatched a ticket to the car then how can they be chasing me as driver as the original ticket wa the NTD ?

I have not named the driver on any paperwork as of yet.

Can I do this afterwards ? Can I fight this further ?

My appeal is detailed below :-

1 Despite the photographs of my vehicle submitted by the company there is not one showing the first PCN attached to my vehicle despite the operator having time to take several images. The PCN states 6 images taken but only 5 have been submitted here. There was no PCN notice affixed to the vehicle at any time.

2 Nowhere on the signs does it state you cannot use the car park when the branch is closed. In fact the large green sign next to the on uploaded here states "The car park is for the express use of of customers of Lloyds Bank and Booths only."

3 I am an account holder at Lloyds Bank ( Proof of account uploaded ) and the person driving may have been using the cash machine to check a balance therefore was a customer at the time. Was this checked by the parking officer ? Just because the branch is closed does not mean you are unable to be a customer as the cash machine located at the front of the bank ( Image Uploaded ) is open 24hours a day as shown on the banks website ( image uploaded ). Therefore you are able to park on the car park 24hrs a day and use it.

4 Nowhere in my correspondence with the company have I mentioned the Protection of Freedoms act. I referred to the Independent Parking Committee Accredited Operator Scheme Code of Practice. ( A copy of which I have uploaded ) which states the notice to keeper must be served between day 29 and day 57 after the day that the notice to driver has been given. The company claim the notice to driver was given on 14/11/2015 ( Day 0 ) the notice to keeper was issued on 01/02/2016 a total of 79 days later. This breeches the code of practice they adhere to.

5 Schedule 4 paragraphs 8(5) or 9(5) of the Protection of Freedoms Act specify the time limits for serving a notice to keeper. If this is not complied with then the registered keeper cannot be held to account for the debt of the driver. The POFA requires that for the notice to be valid it must be delivered not earlier than 28 days after, nor more than 56 days after the service of the notice to driver.

Therefore the company is in breach of the POFA as the notice was not delivered to me within the specified timescale.

6 How can the company rely on the presumption that I as the registered keeper of the vehicle be the driver at the time of the offence ? This presumption means that every individual has only access to their own registered vehicles. This is of course not the case. I have 2 vehicles registered in my name and both are insured for 2 named drivers to drive.

I can put links to anything else if you need to see it, but any further assistance would be much appreciated.