VCS Ltd - Robin Hood Airport

chapperz_2

Hi all,

I've read through a lot of these threads with interest as my wife, as the registered keeper of our family car has been issued with a £60 PCN. Interesting, as we were either on the plane or within the airport at the time of the "breach". We were being picked up so the car was on it's way to us, but the driver had just stopped to phone us to see if we'd landed. They stopped at a bus stop from the looks of the picture. A van pulled up telling them to move on, which they did and came into the car park to pick us up (taking a ticket accordingly).

From what I can see, I will have to appeal this then when they reject it, go to POPLA.

The driver did not see any signs about stopping in the bus stop and the notice talks about entering the car park and we have allegedly breached those terms (which we haven't, as we took a ticket).

It all looks very poorly written and full of legal holes, so I'm not sure how aggressive to make my e-mail appeal to VCS.

As an aside, the "offence" took place at 12.27pm, but the camera date stamp says 13.27...does this affect anything? At 12.27 we were still on the plane whereas at 13.27 we were still within the confines of the airport, so the registered keeper was not driving the car anyway and there's no way of them proving exactly who was driving!

So any advice would be much appreciated. I don't intend to pay these bully boys and am in one of the largest unions with free legal backup as part of my subs so I'll just use them if they decide to turn up the heat. But I'd like to get rid of them without having to resort to that.

Thanks folks! :beer:

Chapperz

Stroma

Obviously don't pay these vermin!

Can I ask did you get the notice within 14 days of this so called parking invoice?

chapperz_2

Hi Stroma,

The contravention date was 25/10/13.

Notice issue date was 29/10/13.

Received in post yesterday (1/11/13).

Thanks,

Chapperz

Stroma

Okay it's advised to send an appeal on the signs being inadequate, they cannot use pofa 2012 to hold the registered keeper liable due to there being bylaws on this land. They have no authority to issue invoices, their pre estimate of loss is not what they are claiming. And so on

When they reject that come back here for help going to popla

chapperz_2

Thanks again Stroma for your further advice. Is there a template I should use based on my situation. I have seen a few links posted on the forums but not sure how to word it?

Much appreciated.

Chapperz

nigelbb

Also stopping to phone ls not parking so another reason that they cannot invoke POFA 2012 & potential liability of the keeper for unpaid parking charges is that this 'fine' is not a parking charge.

Stroma

Do a search on Liverpool & Luton airports on this forum only and you will see a few appeals that people have sent. Basically they are on the above, but embellish it with what you find.

Also you will find posts about making complaints to the bpa and dvla, scan your letter in and email them on the addresses in the threads

chapperz_2

Hi again,

I've searched the forums, found what I think is a good example of a "soft appeal"...just wondered if this was OK to send?

Thanks,

chapperz

Dear Sirs,

I am writing to you regarding parking charge notice ********* issued to vehicle ******* on 29/10/2013.

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 Robin Hood 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.

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 a POPLA verification code within 35 days to appeal independently as 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,

bod1467

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it is to advise that the charge has been cancelled or it contains the POPLA code

Umkomaas

Your charge is punitive, unjustifiable and unenforceable under contract law. 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.

Just a little to add (as above).

You'll be able to cane them at POPLA based on PoFA not applying to roads covered by byelaws. It is especially important in this case that the driver is not identified.

A number of recent POPLA submissions where VCS's right to issue PCNs on ground covered by byelaws was challenged has seen them withdraw from the POPLA process, effectively cancelling the charge.

It has been suspected that POPLA have tipped VCS the wink not to pursue. A finding against them on the byelaws issue would bring their house of cards tumbling at their airport sites.

Guys_Dad

bod1467 wrote: »

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it is to advise that the charge has been cancelled or it contains the POPLA code

That is a double-edged sword. If the PPC does write back without a POPLA code but some time-wasting content seeking further information etc, would the motorist not respond? Sure way to miss the POPLA code and your only next stage for your argument is court.

What that should read is something like "The keeper has nothing further to add and has provided you with sufficient information to decide whether to cancel the charge or not. The keeper will not enter into any protracted correspondence with your company and the BPA Code of Practice and POPLA's procedures now require you to notify me that the charge has been cancelled or supply a POPLA code without requiring further input from me."