VCS ticket from Robin Hood Airport

Coupon-mad

Poohandpiglet wrote: »

Hi all
After weeks of waiting I finally heard from POPLA that this appeal had been allowed - on the basis of no genuine pre-estimate of loss.
I'd like to thank everyone who helped and advised during this process - especially Coupon Mad, whose advice was invaluable.

Has anyone ever followed a successful case by asking the DVLA to look at whether owner details are being requested and released 'illegally' in these circumstances??

Thanks

That's great news and thanks for the update! :T

I think it is worth a complaint to the DVLA and BPA because with Airport and Railway 'tickets' VCS are still citing the POFA 2012 in their Notices (whereas APCOA have stopped, we have noticed). See the BPA and DVLA email addies shown in the 'NEWBIES READ THIS FIRST!' sticky thread. You will get a reply from both.

And could you copy & paste here the decision including the Assessor's name please? We would like to show it in the 'POPLA decisions' sticky (or you could reproduce it there yourself to share the good news if you prefer).

Poohandpiglet

Here is a word copy of the PDF from POPLA

PARKING ON PRIVATE LAND APPEALS
PO Box 70748 London EC1P 1SN
0845 207 7700
enquiries@popla.org.uk
https://www.popla.org.uk
Parking on Private Land Appeals is administered by the Transport and Environment Committee of London Councils
Calls to Parking on Private Land Appeals may be recorded
29 November 2013
Reference 9062693514
always quote in any communication with POPLA
Rob (Appellant)
-v-
Vehicle Control Services Limited (Operator)

The Operator issued parking charge notice number VC02609566 arising
out of the presence at the approach roads to Robin Hood Airport, on 7
August 2013, of a vehicle with registration mark .
The Appellant appealed against liability for the parking charge.
The Assessor has considered the evidence of both parties and has
determined that the appeal be allowed.
The Assessor’s reasons are as set out.
The Operator should now cancel the parking charge notice forthwith.
9062693514 2 29 November 2013
Reasons for the Assessor’s Determination
On 7 August 2013, the Operator observed the Appellant’s vehicle on the
private land at the Approach Roads to Robin Hood Airport, via the mobile
traffic enforcement CCTV camera’s. The Operator’s case is that the vehicle
was ‘stopped on a roadway where stopping is prohibited’, namely in a bus
stop. Therefore, as the vehicle was stopped in breach of the displayed terms
and conditions, the parking charge notice was correctly issued.
The Appellant made representations to the Operator that he was the driver of
the vehicle at the material time. The Appellant disputes the issue of the
parking charge notice for several reasons. In summary, it is the Appellant’s
case that:
1) the Operator has not identified ‘the creditor’ or the ‘relevant land’ on
the ‘notice to keeper’ as per the requirements of Schedule 4 of the
Protection of Freedoms Act 2012 and therefore, the parking charge
notice has not been issued correctly;
2) the amount of the parking charge is not a genuine pre-estimate of the
Operator’s loss; and
3) there was insufficient signage outlining the terms and conditions of
stopping on the land.
As with all cases, the Operator must demonstrate their case on the balance
of probabilities, and must produce some evidence or explanation to refute
the Appellant’s submissions.
The wording on the signage produced by the Operator seems to indicate
that the charge represents damages for a breach of the parking contract.
Accordingly, the charge must be a genuine pre-estimate of loss. The
Operator submits that they incur ‘significant costs in managing the parking
location to ensure compliance with the stated terms and conditions and to
follow up on any of the breaches identified’. The Operator has also
purported to outline some heads of loss, including that of maintenance of
CCTV equipment, membership costs to the DVLA and the BPA and
purchasing, and hiring computer hardware and software. However, I am not
minded to accept these justifications.
The Operator must show that the charge sought is a genuine estimate of the
potential loss caused by the parking breach, in this case, the Appellant’s
stoppage on the land. Whilst the Operator has produced a list of costs; these
appear to be general operational costs, and not losses consequential to the
Appellant’s breach.
9062693514 3 29 November 2013
Consequently I must find that the Operator has failed to produce sufficient
evidence to demonstrate that the parking charge is a genuine pre-estimate
of loss.
Accordingly, I allow the appeal.
I need not decide on any further issues.
Harpreet Bansal
Assessor

Coupon-mad

Nice. I did just suggest to one poster who has also just beaten VCS at an Airport, that they might like to consider a quick and simple MCOL claim v VCS for their time, expenses, and for damages for harassment of the registered keeper, citing POFA 2012 when that law does not even apply on land covered by bylaws.

If interested, read this:

http://forums.pepipoo.com/index.php?showtopic=85641

More people should do this and with VCS at Airports it should be fairly simple to word a claim, as they had no basis to harass a keeper with a letter which cited a law which does not apply here. Unlawful harassment and a breach of the CPUTR 2008.

scorpionlady-3110

Hi,


We have just received a parking charge notice for stopping on the access road to robin hood airport, literally 1 minute to check arrival time. Can I ask whether you gave a reason for stopping or not as not sure what view would be taken on this reason.

trisontana

scorpionlady-3110 wrote: »

Hi,


We have just received a parking charge notice for stopping on the access road to robin hood airport, literally 1 minute to check arrival time. Can I ask whether you gave a reason for stopping or not as not sure what view would be taken on this reason.

It would be best to start your own thread, instead of tagging on to this very old one.

Northlakes

Read the NEWBIES thread and then open your own new thread.

Do not communicate with PPC until you know how to do it!

Coupon-mad

scorpionlady-3110 wrote: »

Hi,

We have just received a parking charge notice for stopping on the access road to robin hood airport, literally 1 minute to check arrival time. Can I ask whether you gave a reason for stopping or not as not sure what view would be taken on this reason.

As ever, this is covered in the sticky thread at the top of this parking forum - which is why I wrote it. Sadly, last year it got silly as we could not keep up with all the ''help I have got a private parking ticket, what do I do?'' threads so I wrote a sticky thread BEGGING newbies to 'read these FAQS first'.

You are posting on and reading a 2013 thread and yet you are ONE HOP from page one of the forum and reading the current advice!

Use the forum Jump and click 'GO'.