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Liverpool airport PCN - help please

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Can anyone point me in the right direction for this please.
PCN Received - Date of issue 27/9/13 - Vehicle control services ltd.
I was picking my husband up from the airport with my 2 kids (I knew he would be ready as we had just watched his plane lane from the hill at the back of the airport) As I am driving up towards the airport my 2 year old chocked on his water in the back of the car. I stopped on the road leading up to the airport to clear his throat and make sure he was ok. I stopped for less than a minute with hazards on, then drove up and round the corner to the drop off/pick up area, got my husband and we left.
I must admit I did not know that this road was a no stopping area, but I would have stopped even if I did know as my son was in distress!
Do I appeal this to Vehicle control services, telling them that my son was in distress, or do I just say that there were no signs big enough to make me aware that this was a no stopping zone??
Any help will be greatly appreciated. Thanks xx
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Comments

  • Umkomaas
    Umkomaas Posts: 43,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Here's a walk-through of the process you will need to be aware of/implement. Have a read through it to start things off for you. Do come back if there is anything unclear or you need some reassurance on any of the points.
    A WALK THROUGH THE PROCESS

    Firstly, you don't have to pay the charge, it is not a fine, it is not a penalty, it is a speculative invoice from a Private Parking Company that has no statutory authority. However, you will need to go through a few hoops to get rid of it.

    The first thing you MUST do is to start to understand what all this stuff is about. The only way to do this is to spend a day or so reading this forum - the most recent threads, say from the past month. If you see the advice 'IGNORE' you MUST ignore it. Ignoring a Parking Charge Notice will bring you months of fun and games that I can assure you, you don't want to be dealing with.

    In a nutshell this is the process you will need to follow.

    1. Read recent threads.

    2. If the parking incident was at a retail park/shop go back to the store the Parking Charge Notice relates to and see THE manager, complain about a genuine customer being harassed and ask that they cancel the ticket. Show him/her any receipts for the day in question. If they are unable to do this ask for the name and address of the MD/CEO, as you will now write to them (and DO it!).

    3. If it was a general car parking facility you need to find out who the landowner is (Google search) and send off a letter of complaint to them.

    4. If you have receipts for the day (or bank/credit card statements) proving purchases, send (redacted) copies of them to PPC with covering letter stating you were a customer on the day, and shopping at their principal's establishment was the only cause of any overstay.

    5. If 2, 3 or 4 above don't work, then you're into the more formal stuff.

    6. If it was a windscreen ticket, do not contact the PPC at this point, you must wait for the 'Notice to Keeper' (NtK) to arrive. This should be no sooner than 28 days after the incident and no later than 56 days after it. Theses dates are very important, and you must retain all tickets and letters you receive.

    7. If it was an ANPR camera incident and the first correspondence you've received is the NtK, this needs to be received within 14 days of the incident; as above, dates very important, retain all paperwork.

    8. Once you receive the NtK the process below will need to be followed.

    9. Soft appeal to the PPC (you'll understand this when you start reading the threads).

    10. Likely rejection, so in your soft appeal you ask that a POPLA code be given to you if your soft appeal is rejected.

    11. Lots more reading about POPLA Appeals (read the 'sticky' at the top of the forum index 'POPLA Decision', especially the last couple of months' reports of victories - it will give you a good idea of which points win at POPLA).

    12. Draft POPLA Appeal and let us see it for further advice before submission.

    13. Send to POPLA.

    14. Await POPLA (positive) result with PCN cancelled - we're running at 100% success rate on the forum. A POPLA decision is binding on the PPC, but (in the event of an unlikely loss), not binding on you.
    Please confirm a couple of things (if they are not already contained in your opening post)

    a. Was the incident, and do you live, in England or Wales?
    b. Is the car a lease/hire or company vehicle (important as the process will be slightly different and you will need to act quickly)?
    c. Are you under 18?
    Now - final, but IMPORTANT points.

    * Never say who might or might not have been the driver on the day - there is no obligation on you to do so (some PPCs will ask you to name the driver/motorist before they can deal with your appeal - DO NOT comply with their wishes). In any correspondence with the PPC, always refer to the driver in the third person, never say 'I didn't see the signs' or 'my wife didn't see the signs', you say 'the driver didn't see the signs'.

    * Always be aware of any deadlines, PPCs impose them (but most of these are challengeable), but if they are reasonable do keep to them. The important one is the POPLA deadline - strictly 28 days from the date the rejection letter containing the POPLA verification code is sent to you by the PPC. Miss it and you miss the one golden opportunity you have to totally kill this charge. I cannot stress that enough.

    Sorry this is a bit long, but it does more or less cover most bases.
    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
  • MrsG1980
    MrsG1980 Posts: 50 Forumite
    Thanks for your reply Umkomaas :D
    I have done some research and am going to send this -
    Is it worth mentioning I had kids in the back etc.... and is this ok to email or would you send recorded delivery?

    Dear Sirs

    I am writing to you regarding parking charge notice xxx issued to vehicle xxx on 27/09/2013.


    Your PCN states that the driver entered in to a contract upon entering the 'car park' The driver did not enter a car park, nor cross any barrier nor see any signs so as the registered keeper I conclude that your signs are inadequate.

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

    Yours faithfully



    Thanks in advance :o
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    edited 9 October 2013 at 11:07AM
    Not that it matters but not seeing the signs in this area is near impossible. They have two very big ones as you cross from council to their property. Then have repeater signs on every other section of fence.

    However I would assume it would take rather more than a minute to read the signs and read the terms and conditions.

    Were you on Speke Hall avenue or Dunlop road?

    https://maps.google.co.uk/maps?q=Speke+Hall+avenue&ie=UTF-8&ei=zihVUtj7Oa-W0QW3i4GYAw&ved=0CAoQ_AUoAg
  • MrsG1980
    MrsG1980 Posts: 50 Forumite
    I was on Speke hall avenue just before the roundabout, with 2 fighting kids in the back of the car and my 2 year old choked on his water. I literally pulled over to the left for no more than 30 seconds. Then trying to make sure I'm in the right lane for drop off / pick up how do they expect you to see or read the signs! Just not sure to add some more info (kids in car...) or just send it as it is?
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    It is a Bl00dy disgrace I have a request in to Liverpool city council as VCS have erected signs on the Dunlop road perimeter fence the same as Speke hall avenue, which is a public highway.

    The thing is the mobile camera van which catches stopped cars is stopped on the same road.

    I pass it most days there is never ever anything parked or stopped there except their van.

    Your appeal letter is fine it will be rejected anyway, then you can get a POPLA code and use a full appeal then.
  • MrsG1980
    MrsG1980 Posts: 50 Forumite
    I didn't even see a van and it must have been right in front of my eyes! Thank you, just needed a little reassurance i was stating the right info. I will email it to them today.
  • Folkiedave
    Folkiedave Posts: 227 Forumite
    edited 9 October 2013 at 3:45PM
    This records a win against VCS at Liverpool Airport.

    Bet the same applies to others that VCS control - e.g Doncaster.

    http://forums.pepipoo.com/index.php?showtopic=75758
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    Folkiedave wrote: »
    This records a win against VCS at Liverpool Airport.

    Bet the same applies to others that VCS control - e.g Doncaster.

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


    I don't think they had any option but to not enter any information at POPLA, as well as I can not see them going near a court with a claim for stopping!
  • Folkiedave
    Folkiedave Posts: 227 Forumite
    Me neither!!

    Might just have cost them money if we can spread the word loudly and widely enough!
  • MrsG1980
    MrsG1980 Posts: 50 Forumite
    ok so I emailed my appeal letter, and I have received an automated response back. There are 3 things they say they need before they will look in to it.
    I did not confirm my postal address (they have this anyway as they sent the PCN there!) and I did not quote the full name of the motorist, I just spoke as the registered keeper and in the 3rd person ad the driver.
    Do you think they will still look in to my appeal? See automated response below -

    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.

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