VCS Ltd - Robin Hood Airport

Umkomaas

^^^^ +1 ^^^^

chapperz_2

Many thanks once again. I'll amend my draft :-)

Coupon-mad

You'll be able to cane them at POPLA based on PoFA not applying to
roads covered by byelaws

Yep but VCS might have amended their NTK like APCOA have, to remove reference to POFA 2012. The OP should check the letter and see whether (front or back) it talks about POFA 2012 or registered keeper liability?

You'll win on 'not a genuine pre-estimate of loss' at POPLA anyway, chapperz!

chapperz_2

Hi all,

Thanks for your continued support...much appreciated.

The Notice does mention POFA 2012 a couple of times by the way.

Cheers,

chapperz

Coupon-mad

That's good for you!

chapperz_2

I know I need to do my appeal...still mulling over wording. Have scrapped original (although I have a copy saved), but how about this instead?

Yes I am worrying about it! This will be the final version, unless there's something I've missed of course...

Thanks,

chapperz

Dear Sir/Madam,

Parking Charge Notice **********

I see from your Notice of 29/10/2013 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 and this is mentioned throughout the document.

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 as the registered keeper. In summary, you have issued a defective Notice to attempt to claim from me a charge in excess of any genuine "pre-estimate of loss", 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 airport bylaws or written confirmation from the landowner that there are none applicable at this site.

I do not expect to receive a ‘generic’ template response and which fails to address the specific issues that I have raised with you. I will not enter into protracted correspondence with you, 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,

Coupon-mad

Yep that will do - a shortened version of one of my old ones, and sometimes causes them to just cancel before POPLA!

Vixie72

chapperz wrote: »

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

Hi Chapperz, I have had a similar thing done to me, I pulled up to answer my mobile as I was picking up my in-laws from the airport and they were phoning to let me know they had arrived. It's just a force of habit to pull over to answer your mobile surely? Yes sign were all over about not stopping etc, but you can't read them fully when moving.

Could you let me see your fully final email you sent to the company? I want to appeal myself but haven't a clue what to do or say? Thanks

chapperz_2

Hi all,

Great news!

They have "considered my representations" and cancelled the penalty! No need to go to POPLA. Thanks for all your help, fellow forum-ites :beer:

@Vixie72 - really sorry but I've only just seen your post. Do you still want the text I used? Happy to help.

Cheers,

chapperz

Stroma

Well done to you