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Liverpool Airport stopping on a roadway

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I have been issued with a Parking Charge Notice from Vehicle Control Services for "stopping on a roadway where stopping was prohibited". The payable charge is £60.00. They have sent me CCTV photographs to prove my car, which I was not driving, had stopped. It was very quiet and not dangerous. The driver was quite unaware that it was a private road and that stopping was not allowed.
Do I have to pay this "charge"? And if not what grounds do I give in my appeal? I would be very grateful for help.
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Comments

  • No you don't hve to pay.

    Do a simple appeal to vcs then win at popla!
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    No you don't have to pay this ridiculous charge. Can you tell us did you receive the notice to keeper within 14 days of parking?

    Thanks
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    'Course you don't have to pay it. Whatever you write in your appeal they will reject, so we don't mess around with it, we'll just whack something in and then do a good one when you get the POPLA code.

    Something like this will suffice:

    Dear blah blah,

    RE your notice no. XXXXXXXXX

    The keeper wasn't driving the vehicle and since it was never parked POFA 2012 Schedule 4 doesn't apply, so you can't hold the keeper liable and you may as well cancel the charge. While we're at it, are you quite sure the road in question is not covered by airport byelaws? Because, if it is, that's another reason why POFA 2012 Schedule 4 doesn't apply. And that's before we've begun to discuss all the other reasons why your Notice to Keeper is non-compliant, let alone the questions of what losses you have incurred (hint: none), your dubious authority for issuing charges at all, your tiny signs which can't possibly be read except by stopping(!) to do so, and on and on and on. You'll get the whole spiel in all it's gory detail if you decide to let it go to POPLA instead of cancelling.

    If you wish to cancel immediately you can take advantage of our generous 100% discount scheme and pay nothing, and you might not get reported to BPA and DVLA for misrepresenting keeper liability. Or you might, haven't decided yet. Alternatively you can send a POPLA code and they will be happy to cancel it for you at a very reasonable charge of just £27+VAT

    Yours whatever,

    The Keeper


    Be aware that they will send you an automated acknowledgement that tries to trick you into naming the driver, so don't fall for it.
    Je suis Charlie.
  • xyzperson
    xyzperson Posts: 24 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Stroma wrote: »
    No you don't have to pay this ridiculous charge. Can you tell us did you receive the notice to keeper within 14 days of parking?

    Thanks
    The notice was issued 8 days later and so is within 14 days
  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bazster wrote: »
    'Course you don't have to pay it. Whatever you write in your appeal they will reject, so we don't mess around with it, we'll just whack something in and then do a good one when you get the POPLA code.

    Something like this will suffice:

    Dear blah blah,

    RE your notice no. XXXXXXXXX

    The keeper wasn't driving the vehicle and since it was never parked POFA 2012 Schedule 4 doesn't apply, so you can't hold the keeper liable and you may as well cancel the charge. While we're at it, are you quite sure the road in question is not covered by airport byelaws? Because, if it is, that's another reason why POFA 2012 Schedule 4 doesn't apply. And that's before we've begun to discuss all the other reasons why your Notice to Keeper is non-compliant, let alone the questions of what losses you have incurred (hint: none), your dubious authority for issuing charges at all, your tiny signs which can't possibly be read except by stopping(!) to do so, and on and on and on. You'll get the whole spiel in all it's gory detail if you decide to let it go to POPLA instead of cancelling.

    If you wish to cancel immediately you can take advantage of our generous 100% discount scheme and pay nothing, and you might not get reported to BPA and DVLA for misrepresenting keeper liability. Or you might, haven't decided yet. Alternatively you can send a POPLA code and they will be happy to cancel it for you at a very reasonable charge of just £27+VAT

    Yours whatever,

    The Keeper


    Be aware that they will send you an automated acknowledgement that tries to trick you into naming the driver, so don't fall for it.

    Like it :T
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Goodness me G.D., I wrote a response to your response and then you went and deleted it! That's 5 minutes of my life I'll never get back! :rotfl:
    Je suis Charlie.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    bazster wrote: »
    Goodness me G.D., I wrote a response to your response and then you went and deleted it! That's 5 minutes of my life I'll never get back! :rotfl:

    Yes, sorry. I misread your post and then when I did read it properly, I realised I had gone off at a tangent and actually had no problem with your robust letter. ;)

    You would have seen that even though there is some lack of clarity as to whether or not this should come under POPLA (as it isn't strictly parking as such), I think it suits our purposes to use their good office whilst, in the appeal, referring to the fact that this isn't parking.

    I actually think that POPLA may have some sympathies with motorists because the PPCs have used double yellow lines which allow you to stop on public roads but PPCs consider that an "offence". The signs need to be particularly clear and readable by a motorist whilst driving, and, I would contend, that this would include all of the words and, in turn, these words need to be compliant with BPA requirements.
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,097 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If they are claiming POFA compliance and making threats on those lines, simply say that POFA does not apply, because POFA relates to parking charges. By their own admission, you were not parked, simply "stopping on a roadway where stopping was [allegedly] prohibited". Therefore they must chase the driver, not the keeper. And don't tell them who that was.

    All other points, including the fact there was no contract to breach (as you can never read the signs as you drive past), still stand.
  • Coupon-mad
    Coupon-mad Posts: 152,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think that the main point is that Airport land isn't covered by the POFA if it's part of the land covered by the Airport Byelaws (would be strange if the service roads were not!). So all PPCs who infest Airports know this and yet they still obtain registered keeper details and send out misleading NTKs under false pretences and with false claims.

    There is no rk liability on land that isn't 'relevant land' under POFA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It's all well & good responding to VCS telling them to take a hike & look for the driver as POFA doesn't apply but more pragmatically it makes sense to play their silly game & then get POPLA to order VCS to cancel the ticket for all the reasons noted (it's not parking, grossly inadequate signage etc). This ensures an end to the matter (was going to say swift end but POPLA appeals are running about 3 months late) & ensures that at VCS cannot chance their arm in court some time over the next six years.
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