Another Humberside Airport PCN

highfields01

Similar to the previuos treads have received a PCN from VCS for alleged parking infringement for no stopping /waiting in Restricted areas or roadways.

Allegedly breaching the terms and conditions of use of the privately operated access roads.Recorded by CCTV, and contraventin was stopping on a roadway where stopping s prohibited.

The situation is a carbon copy of a recent thread which the appeal was allowed when it went through Popla.

In this case, I was not the driver but registered keeper, the alleged offence was 14 seconds (CCTV timings) PCN rounds up to one minte.The CCTV footage is so poor,(night time) that there is no evdidence of car registration plate on the alleged commencement of the contravention. The car did not park and the engine was not swtched off.

I've read hundreds of threads now and have seen the recent Humbrside airport Popla verdict which allowed the appeal soley on the grounds of no pre estimate of loss.

I would be most grteful for any expert advice that would help steer me to success, particulalrly with VCS/Humberside? My appeal to VCS will go alng the lines of :-

Claim of punitive charge,challenge of pre estimate of loss and request for proof
Challenge of validity to issue charges on the landowners behalf and request for proof

Claim no breech of contract as the driver did not see the signs that informed otherwise

Inform that I was not the driver,but registered keeper and retain my right not to name the driver

CCTV footage which does not clearly identify the vehicle on commencement of the alleged contravention

Request for Popla code where I intend to challenge the PCN within the defined timescales referenced in the PCN

Any advice greatfully received?

Coupon-mad

First question that springs to mind is:

Are VCS still citing POFA 2012 and 'registered keeper liability' on the postal NTK? Maybe on the back? Anywhere?

Stroma

I wouldn't tell them you were not the driver unless you want to take it from yourself. Just appeal as the registered keeper, and keep your letter in the third party, don't admit to anything.

highfields01

Coupon-mad wrote: »

First question that springs to mind is:

Are VCS still citing POFA 2012 and 'registered keeper liability' on the postal NTK? Maybe on the back? Anywhere?

It says on the front page "You are notified under paragraph 9 (2) (b) of schedule 4 of the Protection of Freedoms Act (POFA) 2012 that the driver of the motor vehicle is required to pay this Parking Charge Notice in full.In accordance with the terms and conditions prominently displayed a payment of 100 pounds is required within 28 daysof the issue date of this notice. However a reduced sum of 60 pounds will be accepted if payment is received within 14 days of this notice.

Something else on Pofa 2012 later on in relation to recoveing the charge from the registered driver.

Thanks

highfields01

Previous typo, I meant to write registered keeper in the last paragraph

nigelbb

There are two glaring issues here. Firstly that the airport is not 'relevant land' for POFA as bylaws apply so POFA does not. Secondly "stopping on a roadway where stopping is prohibited" is by no conceivable stretch of the imagination parking so again POFA cannot apply as it only concerns parking charges. This means that if VCS believe that they are entitled to damages for the driver breaching their made up rule then they can only pursue the driver whose identity they do not know unless you tell them.

Strictly as the charge notice they have sent you is an invoice for ""stopping on a roadway where stopping is prohibited" this 'offence' shouldn't even be considered by POPLA (Parking On Private Land Appeals) but the simple pragmatic action to make this go away is to appeal to VCS & if/when that is rejected to appeal to POPLA where your appeal will be upheld if not on the POFA issues then definitely on "no genuine pre-estimate of loss".

Stroma

I would like to see this appeal raised on that single issue at popla at some stage Nigel, we just need somebody who is willing to possibly be the sacrificial lamb in this, wonder if prankster has already used this?

highfields01

nigelbb wrote: »

There are two glaring issues here. Firstly that the airport is not 'relevant land' for POFA as bylaws apply so POFA does not. Secondly "stopping on a roadway where stopping is prohibited" is by no conceivable stretch of the imagination parking so again POFA cannot apply as it only concerns parking charges. This means that if VCS believe that they are entitled to damages for the driver breaching their made up rule then they can only pursue the driver whose identity they do not know unless you tell the,.

Strictly as the charge notice they have sent you is an invoice for ""stopping on a roadway where stopping is prohibited" this 'offence' shouldn't even be considered by POPLA (Parking On Private Land Appeals) but the simple pragmatic action to make this go away is to appeal to VCS & if/when that is rejected to appeal to POPLA where your appeal will be upheld if not on the POFA issues then definitely on "no genuine pre-estimate of loss".

just for clarification, the car was alleged to have stopped (where stopping is prohibited) in a layby for buses.

bod1467

So what? How is that parking? VCS have no authority on this.

Coupon-mad

highfields01 wrote: »

It says on the front page "You are notified under paragraph 9 (2) (b) of schedule 4 of the Protection of Freedoms Act (POFA) 2012 that the driver of the motor vehicle is required to pay this Parking Charge Notice in full.In accordance with the terms and conditions prominently displayed a payment of 100 pounds is required within 28 daysof the issue date of this notice. However a reduced sum of 60 pounds will be accepted if payment is received within 14 days of this notice.

Something else on Pofa 2012 later on in relation to recoveing the charge from the registered keeper. [STRIKE]driver[/STRIKE].

Thanks

So it's as I thought. VCS have issued a PCN stating that the driver 'could be liable under POFA 2012' and yet this is an Airport where that can't be the case, as it is almost certainly not 'relevant land' under POFA 2012.

So the registered keeper should write an appeal stating they are not liable due to the above because Airports are not relevant land under POFA 2012, and that the charge is not a genuine pre-estimate of loss, and that VCS don't own the land so have no legal standing to form contracts with drivers. If VCS disagree, send a POPLA code.

Send that off and you should get a POPLA code. VCS may try a silly reply first pretending you have to name the driver but you do NOT. Only write as the keeper, not talking about the event at all.

I have a version of a strong appeal to VCS in an Airport, bookmarked at home but can't find it till later for you as I'm at work now. I did link it for someone yesterday though, here or on pepipoo forum if anyone can find it. VCS have been known to give up early when faced with a strong appeal where they can see they will lose at POPLA.

Vixie72

I have just received a parking ticket for parking on land just outside the airport. Yes signs were posted all over about no stopping or waiting in restricted areas or roadways, but I pulled up in a bus stop for what was seconds, to answer my mobile (normal and safe thing to do), the company car pulled up behind me so I drove away.

I really don't know what to do about it and i'm getting a little confused with all these different postings on here. Can anyone advise please?