Another PCN at Humberside Airport

UK-Giantsfan

I started my own thread ......rather than hijack nuggs77 thread.
These are my 2 original posts below.


Hi Guys

I too have received a £60 PARKING CHARGE NOTICE today from Vehicle Control Services Ltd , PO Box 4777 , Sheffield S99DJ.
I waited for only 45 seconds in the same bus stop at Humberside Airport to collect my Dutch colleague. I never turned the engine off or left the vehicle. They sent me 3 pictures of my car.

The Parking charge notice says '' for allegedly breaching the car park terms and conditions of access to the Privately Operated Roads at Humberside International Airport"

I will send a similar appeal response to that of nuggs77. Should I request a POPLA code ?

Regards UK-GF

---

( and this is what I wrote to VCS )


Dear Sir

On July 2nd 2013 . The car XXXXXXX ( of which I am the registered keeper )stopped for only 45 seconds to allow a passenger to board at Humberside Airport.



The car was not parked , the engine was always still running.



Today we received a notice for alleged breach of car park terms from yourselves ( which frankly we consider to be ridiculous and unfair )

This appeal is for the following reasons. No Parking was made. The car was in position for less than 1 minute whilst 1 person got into the vehicle. No Contract was knowingly entered and no losses have been demonstrated. Signs or warnings were not adequate.

Please send me a POPLA code so that I can take this further.



Regards

---

Today I received a letter from VCS rejecting my appeal ...and a photocopied POPA form attached.

The letter from VCS sates '' you have confirmed to us that you stopped in a prohibited area to allow your passenger to alight from the vehicle . You stopped in a bus stop where you could have caused obstruction to other driver ''


In actual fact , I have never stated to VCS that I was the driver ( only that I am the registered keeper of the vehicle )

Where do you think I stand ? where should I go from here ?

Many thanks
UK-GF

Coupon-mad

You go to POPLA, using that form with a detailed POPLA appeal stapled firmly to it, and you win it of course. Keeper writing as the keeper not the driver, even to POPLA.

POPLA appeal examples and information on how to win, what to include:

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

and compare their Notices and timeline of letter sent, to this checklist:

http://www.parkingcowboys.co.uk/keeper-liability/

And search the parking sub-forum only, for 'Airport' to see all the other Airport parking PCN threads here.* There is a specific point to add to any appeal where Airport or Railway bylaws generally apply to the land and take precedence. And that's the case that there is NO registered keeper liability, because such sites are NOT 'relevant land' under the POFA 2012. You need that as an added POPLA appeal point.





*use the 'search this forum' heading on the right above the thread list, put in 'Airport' (capital letter A) and then change the default search to 'show posts' which works better as a meaningful search.

UK-Giantsfan

Many thanks Coupon-Mad , I shall do exactly as you suggest , regards UK-GF

UK-Giantsfan

Hi guys , today I won my appeal . many thanks to all who helped. regards UK-GF



Reasons for the Assessor’s Determination


On 2 July 2013 at Humberside Airport, the appellant was issued with a parking

charge notice for breaching the terms and conditions of the parking site.

It is the operator’s case that the appellant stopped his vehicle in a no

stopping area despite signage informing motorists about the parking terms

and conditions.

It is the appellant’s case, amongst other things, that no losses have been

demonstrated as a result of the alleged breach.

The burden is on the operator to prove that the parking charge is a genuine

pre estimate of loss. The operator has attempted to address this in the case

summary stating that amongst other things costs were incurred for the

erection and maintenance of signage. However, I find that these costs were

not incurred as a result of the appellant’s breach. Therefore I find that on this

occasion the operator has not satisfied the burden.

Accordingly, the appeal is allowed.


XXXXXXXXXXX



Assessor

Umkomaas

What a short, sharp adjudication. They're clearly looking out for GPEOL and rattling out the 'appeal upheld' decisions.

They're working hard on that backlog.

Coupon-mad

Well done, another 'easy win' with all the hard work done by you! :T

I have added it to the POPLA decisions thread.

highfields01

Great to see a good result and an identical replica of my own case of a few days ago which i will appeal.I've read lots of threads, and see yur appeal was successful merely on lack of evidence on pre estimate of loss, Did you site anything else which was humberside specific?How "heavy" was your polla appeal? breach of contract/tresspass?By- laws,procedural innaccuracies etc? Any pointers, would be extremely welcome?

thanks

UK-Giantsfan wrote: »

Hi guys , today I won my appeal . many thanks to all who helped. regards UK-GF


Reasons for the Assessor’s Determination


On 2 July 2013 at Humberside Airport, the appellant was issued with a parking

charge notice for breaching the terms and conditions of the parking site.

It is the operator’s case that the appellant stopped his vehicle in a no

stopping area despite signage informing motorists about the parking terms

and conditions.

It is the appellant’s case, amongst other things, that no losses have been

demonstrated as a result of the alleged breach.

The burden is on the operator to prove that the parking charge is a genuine

pre estimate of loss. The operator has attempted to address this in the case

summary stating that amongst other things costs were incurred for the

erection and maintenance of signage. However, I find that these costs were

not incurred as a result of the appellant’s breach. Therefore I find that on this

occasion the operator has not satisfied the burden.

Accordingly, the appeal is allowed.


XXXXXXXXXXX



Assessor

Coupon-mad

Examples in post #2 above. And here:

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

Don't rely on one point alone. If you need help please start your own new thread in the morning!