Humberside Airport Parking Fine

coops125

Hi All,

I'm looking for some help in responding to a PCN that my wife (as the registered keeper of the vehicle) received today. The vehicle in question stopped in a bus stop at Humberside Airport to pick up a passenger (me). The car was stopped for (according to the 2 photographs) 10 seconds. The driver, having used this bus stop to pick up here for the past 4 years was not aware that it was now a "Restricted Area or Roadway". I have read all the threads and gone through all the links but there seems to be a lot of conflicting information or that most of the information refers specifically to parking in an actual car park. I would really appreciate any help or advice.

Thanks

Coops125

Coupon-mad

There is in fact very little conflicting information on current new threads since Easter. If you read any threads saying to ignore these fake PCNs then they would be old threads (wrong advice now because some PPCs have got litigious and we know how to beat them at POPLA, which costs the PPC money, win or lose! So the best advice now is to appeal).

Same advice as here:

https://forums.moneysavingexpert.com/discussion/4759573

http://forums.moneysavingexpert.com/...php?p=62895446

There are dozens of threads with similar advice. Do search the parking forum board itself (not the whole MSE forum!) for 'Airport' to read more.

And in readiness for the POPLA stage (read about it on other threads about Airports) here's a winning VCS-at-an-Airport 'POPLA appeal' to use as a base for your own version in due course. Never just copy a template verbatim, must be more tailored IMHO - and personally when you do draft yours please read other POPLA appeal threads as well because I am not convinced the 'VAT paragraph' in this one is worth including, but as a basic & relevant POPLA example it's good and it won, after all (different Airport though):

http://forums.pepipoo.com/index.php?...ol vcs&st=20


HTH

coops125

Hi Coupon-mad,

Thanks for the info. I have emailed VCS the following as per your advice:




Dear Sir/Madam,

‘Notice to Owner/Keeper’ ref number VC0287695

It is clear from your Notice of 31/08/2013 that you issued it with a view to pursuing keeper liability under Schedule 4 of the Protection of Freedoms Act 2012 (POFA). The BPA Code of Practice (CoP) supports the need for strict compliance (para 21.5 refers).

I write to challenge the Notice and to inform you that VCS has failed to meet the strict requirements that might have enabled you to pursue this matter with myself (the registered keeper). In summary, you have issued a defective Notice to attempt to claim from me a charge, on airport-owned land where no keeper liability is likely to apply at all, due to local bylaws taking precedence.

I would draw your attention to the Consumer Protection from Unfair Trading Regulations 2008. No doubt your legal advisors will be able to explain the issues which cause your misleading 'Notice to Owner/Keeper' to be a nullity in law, which include (but are not necessarily limited to):

- Claiming the right to 'registered keeper liability' under the POFA when that right is simply not available on land covered by local Bylaws. Airport land is generally not 'relevant land' under the definition within the POFA and if you contend otherwise I will require documentary evidence outlining the existence and wording of any current railway bylaws or written confirmation from the landowner that there are none applicable at this site.

- Copying the name of a Local Authority Notice by including the word 'Owner' in the title of a document that must (under POFA and the CoP) simply be called a 'Notice to Keeper' is misleading. This appears to me as a clear impersonation of authority - a stance which is specifically prohibited in the CoP.

- Failing to include specific identification as to who 'the Creditor' may be, is misleading and not compliant, in regards to paragraph 9(2)(h) of Schedule 4 of the POFA. Whilst your Notice has indicated that you require a payment to be made to VCS, there is no specific identification of the Creditor, who may, in law, be VCS or some other party. The POFA requires a ‘Notice to Keeper’ to have words to the effect that 'The Creditor is….' and your Notice does not.

- Claiming the sum of £100 is wholly unjustified. I require a full breakdown of how this amount has been calculated and whether you are alleging trespass or breach of contract. This information is required now, so that I can fully understand the basis for your 'charge' for the purposes of my POPLA appeal, should VCS decide not to cancel this invoice immediately.

I will also require a copy of your contract with the landowner/occupier which you are relying upon. If it is a redacted copy then there must still be evidence in the document which shows that the contract complies with the CoP and specifically allows VCS to pursue these 'charges' in their own name as creditor, in the courts.

If you pursue the matter against me as registered keeper and issue any further correspondence or make any form of contact (except to cancel the charge or reject the challenge and send me details of how to appeal to POPLA) this will be considered harassment. In that event I will lodge an official complaint with the BPA Ltd and the DVLA AOS Compliance Manager, as well as with the Office of the Information Commissioner. I also reserve the right to forward a complaint to the relevant Trading Standards office concerning your commercial practices which appear to be in breach of the CPUTR and the CoP.

Take formal notice that I will of course include your client (the landowner and/or Airport Operator) in any complaints and, in addition, they will be named as jointly and severally liable in any future court claim I may seek to lodge with MCOL, for damages for harassment and specific breaches of the above Acts.

I do not expect to receive a ‘generic’ template response and which fails to address the specific issues that I have raised with you. No further correspondence will be entered into, except a POPLA appeal which I will gladly submit if VCS choose to fund that stage. No further warning will be given if I pursue the matter through the Small Claims Track against VCS and your client at this site.

I therefore expect you to immediately cancel the ‘parking charge’ and inform me in writing that you have done so. In addition, VCS are required to remove my personal data (and that of the vehicle) from all formats of storage, immediately following cancellation, since you have no lawful excuse to keep my data.

Yours faithfully,

PRINT NAME'

I will keep you informed via this forum as to the responses and ultimate outcome.

Thanks again

Coops

Umkomaas

OP - have you actually sent this off yet? If not you do need to amend this paragraph. This is an airport case not a railway one.

If it has gone off, nothing you can do now, they probably won't even spot it.

- Claiming the right to 'registered keeper liability' under the POFA when that right is simply not available on land covered by local Bylaws. Airport land is generally not 'relevant land' under the definition within the POFA and if you contend otherwise I will require documentary evidence outlining the existence and wording of any current railway bylaws or written confirmation from the landowner that there are none applicable at this site.

Stroma

I noticed that as well, but its been sent so nothing can be done now

coops125

Hi All,

Just an FYI - yes I did replace "Railway" with "Airport".

Just wanted to post the automated response I have just got from VCS and ask what should my next response be. They have my full postal address as the PCN came via post. Naturally I have no intention of divulging the name of the driver/motorist.

THanks for help so far.

Dear Sir/Madam

This is an automated response notification regarding your APPEAL/CHALLENGE to a Parking Notice.

Please be advised that we acknowledge receipt of your email, and will be responding directly to you in due course. However, prior to doing so we require the following information in advance to enable us to process your APPEAL/CHALLENGE. If you have not already done so, please forward the following information as a matter of urgency, as we are unable to process your APPEAL/CHALLENGE without it:

1) The PARKING NOTICE SERIAL NUMBER This can be found in the top right hand corner of the Notice and will be prefixed, SERIAL No. VC/____________.

2) A FULL POSTAL ADDRESS that we can correspond with, as all decisions are conveyed in a letter to the motorist.

3) The FULL NAME of the motorist.

If you are unable to locate the PARKING NOTICE SERIAL NUMBER we will require the full vehicle registration number of the vehicle to which the NOTICE was served.

Please be advised that Vehicle Control Services Ltd cannot accept any responsibility for any increase in the NOTICE CHARGE should YOU fail to provide us with the requested information within 7 (SEVEN) days from the date of this email.

Upon receipt of the required information we will place the NOTICE on hold while the circumstances surrounding the issue of the NOTICE are investigated and the Management team review the contents of your email. Once a decision has been reached, a letter will be issued to the motorist at the identified postal address conveying the outcome of the appeal/challenge. We will advise you in writing of any further course of action you should take, as deemed necessary to support your appeal/challenge.

BE ADVISED ˆ WE ARE UNABLE TO PROCESS YOUR APPEAL/CHALLENGE WITHOUT THE PROVISION OF THE ABOVE REQUESTED INFORMATION ˆ A PARKING NOTICE SERIAL NUMBER AND THE FULL NAME AND ADDRESS OF THE MOTORIST.

If you have already provided all relevant information, then please accept our apologies and ignore this email, as we will be dealing with your appeal/challenge and notification of the outcome will be sent to you in due course.

ALL EMAIL CORRESPONDENCE SHOULD BE DIRECTED TO: CPO@vehiclecontrol.co.uk

Thank you for your co-operation.


Central Payment Office
Vehicle Control Services Ltd

Umkomaas

I would write back quoting the PCN number, then saying they already have the details of the Registered Keeper's name and address as they have already used these to send their Notice to Keeper.

Tell them that if they do not supply you with a POPLA code within 35 days of your already sent appeal you will:

a) take their failure to do so as the fact that your appeal has been successful and any further correspondence (other than to confirm cancellation of the charge) will be treated as harassment and you will pursue this through legal channels, and
b) report their refusal to issue you with the POPLA code, to which you are entitled, to the BPA, DVLA and Trading Standards.

Name of Motorist - crafty little move on their part, but don't fall for it. Always refer in the third person to 'the Registered Keeper' of 'the Driver'. No names, no pack drill!

Guys_Dad

I would just add to that the fact that the BPA CoP allows for the keeper to appeal as well as the driver.

Or you could say that you belong to a local group of adult swingers and on the day in question, you were all playing naughty games where the person being picked up had to wear a mask that had to stay on for the duration of the game that concluded in a hotel in a group situation.

You, therefore, have genuinely no idea who was driving at the time , except for the fact she was definitely female and wore "Ralph Lauren Romance" perfume.

coops125

Response duly sent

Dear Sir/Madam

The PCN is quoted above in the subject line. The Registered Keeper is myself (xxxxx xxxxx) for which you already have my address details as you used these to send your 'Notice to Keeper'.

If you do not supply me with a POPLA code within 35 days of my already sent appeal I will in the first instance:

take your failure to do so as the fact that my appeal has been successful and any further correspondence (other than to confirm cancellation of the charge) will be treated as harassment as described under the Protection from Harrassment Act 1997, and I will pursue this through the necessary legal channels and,
report your refusal to issue me with the POPLA code, to which I am entitled, to the BPA, DVLA and Trading Standards.


Regards

xxxxx xxxxx (Registered Keeper).

103Rich

coops125 wrote: »

Response duly sent

Dear Sir/Madam

The PCN is quoted above in the subject line. The Registered Keeper is myself (xxxxx xxxxx) for which you already have my address details as you used these to send your 'Notice to Keeper'.

If you do not supply me with a POPLA code within 35 days of my already sent appeal I will in the first instance:

take your failure to do so as the fact that my appeal has been successful and any further correspondence (other than to confirm cancellation of the charge) will be treated as harassment as described under the Protection from Harrassment Act 1997, and I will pursue this through the necessary legal channels and,
report your refusal to issue me with the POPLA code, to which I am entitled, to the BPA, DVLA and Trading Standards.


Regards

xxxxx xxxxx (Registered Keeper).

Good for you.

Please keep us informed as to the outcome. VCS must know all the airport land they manage is not relevant land under PoFA so try to trick motorists into giving the name of the driver. Perhaps someone will test this relevant land issue at POPLA as the only appeal point sometime?

Best wishes and like I say please post how this pans out.

Umkomaas

coops125 wrote: »

Response duly sent

Dear Sir/Madam

The PCN is quoted above in the subject line. The Registered Keeper is myself (xxxxx xxxxx) for which you already have my address details as you used these to send your 'Notice to Keeper'.

If you do not supply me with a POPLA code within 35 days of my already sent appeal I will in the first instance:

take your failure to do so as the fact that my appeal has been successful and any further correspondence (other than to confirm cancellation of the charge) will be treated as harassment as described under the Protection from Harrassment Act 1997, and I will pursue this through the necessary legal channels and,
report your refusal to issue me with the POPLA code, to which I am entitled, to the BPA, DVLA and Trading Standards.


Regards

xxxxx xxxxx (Registered Keeper).

Well done coops, let's see what this brings.

PS - you seem to have decided to leave out GD's suggestion about your penchant for attending swingers' parties :rotfl: