Vehicle Control Services - POPLA time

Umkomaas

MrsG1980 wrote: »

sorry, I jumped in your thread there. I have posted my own but awaiting your responses too as they may help me! lol

Mrs G - if you've posted a new thread of your own you will get bespoke advice there. Clearly keep an eye on this thread too, but don't post on it now as mixups do occur and can be confusing ........ and potentially costly!

Olivier

Umkomaas, your advice is much appreciated.

The incident was during the day but the driver was 45 minutes late, so looked out for me rather than the signs. I have been many times to JLA myself and not once even noticed any signs.

Incidently, I just checked on google maps / streetview and cannot see any sign when approaching the Airport from Speke Hall avenue when taken from Speke Blvd.

Edit: found it. Just when you need to keep an eye on the cars arriving from left or right turning, and as you try and get into the proper lane. And it's impossible to read the smaller print text.

Folkiedave

They pay Liverpool Airport £25.000 a year for the right to patrol that area + add-ons. Do you really think the placement of signs is accidental?

They want to hang on to as much money as they can.

Coupon-mad

Definitely include a sentence about the signage not having any terms & conditions on it, and not being readable from a moving vehicle and so not compliant with the BPA Code of Practice. Make sure you stay in 'registered keeper mode' all the time and don't add anything that talks about who was driving.

Umkomaas

Olivier - you might want to have a look at this from PePiPoo, it's been going on for some months now, but the most recent posts will be of real interest to you.

http://forums.pepipoo.com/index.php?showtopic=75758&st=0

hoohoo

If the notice to keeper implied that the keeper was liable under POFA 2012 then write to the BPA and the DVLA saying that the operator is pursuing the RK while knowing there is no basis for this.

POFA 2012 is not satisfied for 2 reasons
1) not relevant land
2) not a parking charge

Pursuing the RK when the RK is not liable is a banning offence.

The very start of POFA2012 states:

a)the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land;

This is clearly not a parking charge.

Relevant land is later defined to exclude:
(c)any land [...] on which the parking of a vehicle is subject to statutory control

There are extremely likely to be statutory controls (bye laws) on airport land.

BPA : Steve.C@britishparking.co.uk
DVLA: David.Dunford@dvla.gsi.gov.uk

Olivier

Thanks guys.

I've been unable to attend to the matter for the last few days, but I need to sort this out.

How about this latest draft?

*******
Dear Sir / Madam

I am writing to you regarding parking charge notice xxxxxxxxxxx issued to vehicle xxxx xxx on xx/xx/2013.

I would like to draw your attention to the fact that the signage does not have any terms & conditions on it. It is also not readable from a moving vehicle, and so not compliant with the BPA Code of Practice

Your charge is punitive, unjustifiable and unenforceable. I require you to either cancel the charge forthwith or provide me with a POPLA code so that I can refer the matter to POPLA.

Any attempt to contact me for a purpose other than the cancellation of the charge, or the provision of a POPLA code will be considered as harassment.

Regards

Name.
********

I see VCS folded before POPLA but forumers seem to want to take the matter further (as per hoohoo's post) to get them noticed by other authorities? (BP / DVLA).

One more question: do I need to send this registered to their address at
The manager, Central Payments Office, VCS Ltd, PO BOX 4777, Sheffield, S9 9DJ

(A PO BOX, really?)

Thank you.

Umkomaas

Anything that extracts a POPLA code from them will do.

You could perhaps also add that they should they procrastinate over the issue of a POPLA code they might want to appraise themselves of this:

http://www.mirror.co.uk/news/uk-news/thousands-parking-fines-could-overturned-2367275

Send it electronically (if that's available) so they can quickly link to this, but also send via snail mail - no need for 'signed for' mail as some PPCs won't sign for it, because they suspect it's 'trouble' - so instead get a certificate of posting (free) from your local PO (I think you need to send it 1st Class).

HTH

Folkiedave

And you could always try this....which should concentrate their minds:

http://www.mirror.co.uk/news/uk-news/thous...rturned-2367275

Olivier

Thanks Umkomaas.

Final draft then.

I have added details in the second paragraph, a word about the absent info for appeal process, and a deadline to reply with a POPLA code


*******
Dear Sir / Madam

I am writing to you regarding parking charge notice xxxxxxxxxxx issued to vehicle xxxx xxx on xx/xx/2013.

I would like to draw your attention to the fact that the signage supposedly bearing the contract to access to the "privately operated access roads" at Liverpool John Lennon Airport does not have any terms & conditions on it. It is also not readable from a moving vehicle, and so not compliant with the BPA Code of Practice.

Also, you have not provided any information about how to appeal this "parking charge notice" should I want to.

Your charge is punitive, unjustifiable and unenforceable. I require you to either cancel the charge forthwith or provide me with a POPLA code so that I can refer the matter to POPLA.

If you reject this challenge the keeper requires within 35 days a POPLA verification code to appeal independently, per Version 3 of the BPA Code of Practice.

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the POPLA code.

The challenge will be deemed accepted if there is no POPLA code on any rejection that you supply within the time-frame stipulated above.


Regards

Name.
********

Good to go?