Parking Charge - Humberside Airport

highfields01

Having rejected my appeal and issued a POPLA code , VCS didn't even bother to provide any evidence at the appeal

Many thanks to all who contributed info in this forum

My grounds for appeal were punitive charge,unclear photo of number plate during the 14 second timing of the alleged stop, operator needed to prove they have the authority to issue parking charge/relevant land stuff

Appeal result

The Operatorissued parking charge notice number xxxxxxx arising

out of apresence on private land, of a vehicle with registration mark xxxxxx.

The Appellantappealed against liability for the parking charge.

The Assessor hasconsidered the evidence of both parties and has

determined thatthe appeal be allowed.

The Assessor’sreasons are as set out.

The Operatorshould now cancel the parking charge notice forthwith.

26 February 2014

Reasons for theAssessor’s Determination

It is the Appellant’s case that theparking charge notice was issued

incorrectly.

The Operator has not produced a copyof the parking charge notice, nor any

evidence to show a breach of theconditions of parking occurred, nor any

evidence that shows what theconditions of parking, in fact, were.

Accordingly Ihave no option but to allow the appeal.

gamer375

Great news Highfields01. Any chance you could PM me your Appeal letters please?

Coupon-mad

Maybe you are completely new to forums but you'll soon learn on MSE! Did you know you could just click on his username and read his thread & posts?

Or look at the 'Private Parking ticket? NEWBIES read this first!' sticky thread where he got his advice from and which has several Airport POPLA appeal templates?

gamer375

Yes thanks, I figured out how to read his posts but just wanted
reassurance more than anything that I'm doing letters
correctly. For soft appeal to parking company do I mention the details of the incident or just the appeal stuff?

Coupon-mad

Just use the new version I wrote on the NEWBIES thread (not so soft now!).

gamer375

Hire car company have sent us this...

"regarding the administration fee for the Traffic violation incurred during your rental hire.

In regards to the actual fine, this is indeed a penalty charge notice. We cannot cancel the charge on the grounds that you advise the fine was not issued by a legitimate company. They are legally enforceable and therefore we have to respond to them in the same manner as charges issued by the police or local councils.

The admin fee charge is because during your rental hire you have incurred the Traffic Violation in this case a penalty charge notice. Our Parking fines department have to send all requested information regarding the hirer to the issuing authority as the registered keeper of the vehicle we have to comply by law to do this. Due to the high volume of unpaid fines we, as a company, receive on a daily basis, we have had to employ an entire team to deal with these, and the costs for doing so needs to be passed on to the customer.

It is the Customers responsibility during the rental hire to be aware of the road laws during the rental hire.

RENTAL AGREEMENT TERMS AND CONDITIONS
3 COSTS, CHARGES AND PAYMENTS

3.4 You are liable for & will pay all tolls, congestion charges, bus lane/ speeding and other traffic fines, penalties (including penalty notices), court& other authority costs for parking, clamping, release from compounds, traffic or other offences incurred in respect of the Vehicle during the rental period whether you were driving the Vehicle or not.
As per the Terms & Conditions of hire, when we receive a fine, the customer is responsible for covering the Company’s administrative costs.

I am happy that your query has been thoroughly and conclusively addressed and considering the information above, I am unable to agree to your request for the admin fee to be reimbursed. I am sorry if this does not resolve the matter to your satisfaction I am unable to consider your request further."

Your advise and assistance would be appreciated...

bod1467

VCS are a private company - they have no legal authority to issue PENALTIES. Therefore this WAS NOT a penalty under the terms of the hire agreement.

See the Arval thread on this forum today - the situation is exactly the same as far as I can see.

Folkiedave

Simple. Send a Letter Before Action that you will sue them in the Small Claims Court.

They don't stand a prayer.

gamer375

So I have parked the hire car company part for now as mum has not done a charge back Had already typed a letter in response to their email (shown above) so may just send it off before Mum decides how far she wants to take it. If she took them to court for the 36 quid would I be able to go in her place? She has a 3 page response to her soft appeal from VCS who have now issued a POPLA code. I do not want to post the letter on here for now but would be happy to email it any of the regulars to this site. I would also then like to email you her POPLA appeal if that is ok? Thanks in advance.

bazster

Easiest way to get the £35 back is to report it to the credit card company as an unauthorised transaction (which is exactly what it is: the hire company took £35 to which it was not entitled under the terms of the hire contract).

The credit card company will squirm initially and try to fob you off, but be firm: you are on solid legal ground and they must refund the money.