Humberside airport pcn

Redx

I am not going to reword it for you but I dont agree with telling them what the driver did or did not do, once its in writing you cannot refute it , so if it went to court they can produce it as evidence against you

I assume you have seen "no comment" interviews on police series like THE BILL ?

lose the guilt complex and just put in a denial of any wrongdoing etc, just a few simple introductory words, or just a flat rate refusal to accept the invoice , then use the rest of the template, or just use the template itself , no frills , no owning up to anything at all , dont do their job for them

I found a similar RK appeal on here using the opening paragraph below

Dear VCS,

As the keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:

just adapt that to flow with the rest of your previous posted appeal and not the bit I removed

their letters will always fish for the drivers details , so report them to the BPA for a breach of the BPA CoP if you wish to, just do not name the driver or imply who was driving as an airport is not relevant land so no POFA 2012

as I said earlier, dont do their job for them or you will lose

Coupon-mad

Apathy wrote: »

Edit. the letter they sent the RK told me the registered keeper must give details of who was drivin the vehicle if it wasnt the Rk

No it didn't, it ''invited'' the rk to name the driver. An invitation which of course the rk won't accept.

Just use the template with NO additional info.

Apathy

Right so have a response from the firm after i sent the appeal via email, after i sent the previous template:

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) ThePARKING 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 NUMBERwe 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 YOUfail to provide us with the requested information within 7 (SEVEN) days from the date of this email.

Upon receipt of the required information we will place the NOTICEon hold while the circumstances surrounding the issue of the NOTICE are investigated and the Management team review the contents of your email. Once a decision has been reached, a letter will be issued to the motorist at the identified postal address conveying the outcome of the appeal/challenge. We will advise you in writing of any further course of action you should take, as deemed necessary to support your appeal/challenge.

Be advised – WE ARE UNABLE TO PROCESS YOUR APPEAL/CHALLENGE WITHOUT THE PROVISION OF THE ABOVE REQUESTED INFORMATION – A PARKING NOTICE SERIAL NUMBER AND THE FULL NAME AND ADDRESS OF THE DRIVER/HIRER/KEEPER.

If you have already provided all relevant information, then please accept our apologies and ignore this email, as we will be dealing with your appeal/challenge and notification of the outcome will be sent to you in due course.


All Email correspondence should be directed to: [EMAIL="CPO@vehiclecontrol.co.uk"]CPO@vehiclecontrol.co.uk[/EMAIL]

Thank you for your co-operation.


Central Payment Office
Vehicle Control Services Ltd

Just wondering how i should respond. All the bolded parts seem most important.

Redx

you dont , as its an automated response that everybody gets

it tells you that right at the very beginning

This is an automated response notification

so read posts #12 and #13 again about "not naming the driver (motorist)"

Apathy

Ok thanks. The Rk didnt put the postal address on the email just the signature and name of Rk thats all, so that response tells me they wont even process it? should be ok even if it contradicts it on their response. And also it says they are unable to provide a response to the appeal on there if they cant get hold of the full address of the keeper/driver apparantly. the reason the rk is concerned because they dont want to lose out on the 40% discount on repayment fee if they cant process an appeal? thanks.

Redx

doesnt matter what the response says, you have appealed and they have acknowledged receiving your appeal , what they do with it is now their problem but as long as you appealed withing the time limit the problem is now theirs , so at some point they will have to cancel or issue a popla code, otherwise you complain to the BPA about their breach of the BPA rules

you place too much emphasis on the PPC here , and their "rules"

its a game , you learn to play it with the cards close to your chest , like poker , you wont lose at popla providing you use an appeal as seen many times on here, so doesnt matter about any discounts etc as you will get 100% discount when you win at popla

they already have the RK postal address from the dvla, or did you not think of that ? lol

Half_way

Lots of useful information on the humberside airport website here
http://www.humbersideairport.com/news/car-parking-restrictions/

including

IMPORTANT INFORMATION. Please do not stop or park on any of the airports roads which are marked with yellow lines or within the bus stop area. You may be liable for a fine

and

Anyone caught parking where they shouldn’t could face a fine of up to £100.

read all about it here http://www.humbersideairport.com/news/car-parking-restrictions/

Redx

just shows that the idiot in charge does not realise neither they nor VCS can "fine" people

Apathy

Regards, The registered keeper

Dear Vehicle Control Service Ltd

PCN number xxxxxxxx
On March 9th2014 . The car ( of which I am the registered keeper )stopped for only 2-3 minutes to allow a passenger to out before looking at the terms of the parking conditions before proceeding to enter the car park at Humberside Airport well out of the way. The registered keeper of the vehicle was not in control of the vehicle at this particular time either.

The car was not parked , the engine was always still running.


This appeal is for the following reasons. No Parking was made. The car was in position for less than 3 minutes whilst 1 person got out of the vehicle. No Contract was knowingly entered and no losses have been demonstrated. Signs or warnings were not adequate.

As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass.

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of£18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours faithfully,

Right i've sent this as the original letter, just wondering if i've made a mistake now or can i still argue the case....i think i put too much on this and couldn't edit before it was sent....(only asking cause this is the last day of the early repayment period)cheers

bod1467

Please edit your post to remove the vehicle reg.

"(only asking cause this is the last day of the early repayment period)". So? It almost means you're still in the ain't-gonna-pay-anything-at-all period.