Liverpool airport PARKING CHARGE NOTICE

Edenside

Hi I'm a newbie in need of some help. I have been reading up on this site re Parking Charge Notice and have read the new sticky but somehow I cannot seem to find the template letter or have I already read it and thought it was someone's draft. Can someone please give me a link to the template letter. Date of contravention 1.5.14 date of notice issue 8.5.14. I am away next week so would like to get my appeal in ASAP. Thanks

ColliesCarer

Here's the link
https://forums.moneysavingexpert.com/discussion/4816822

And in the quote box is the 1st appeal template letter you missed

Dear {company name of this member of ''PPC World''},

PCN number xxxxxxx
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,

Edenside

Busy with grandchildren today, will get down to writing my reply tonight. Many thanks for pointing me in the right direction.

Edenside

Finally got round to writing my appeal and thanks to ColliesCarer for pointing me in the right direction, I had read the sticky details but thought the letter didnt cover my problem as we were not in the carpark. What happend was we were collecting some overseas visitors that had little English we have little knowledge of their language so it was arranged that one of us would wait at Arrivals for them. As you are only allowed 5 min at the drop off park then £2 every 10 min the driver left the airport to await a phone call when we were ready to leave, BUT driver could not return to the car park as this is forbidden within 6 hours of first entering (obviously as a moneymaker). Driver pulled over near the roundabout to collect us and that was when we must have been caught by the Mobile Traffic Enforcement Camera. We never noticed the van or any signs to say we could not stop. Not familiar with the airport on the approach road there is two lanes with I think different coloured tarmac not sure which lane to be in until seen large signs saying Use Both Lanes, when travelling at 30mph we never had time to read any other signs. The awful thing is we did exactly the same when returning visitors to the airport a few days later so just waiting for another PCN.

Would be very grateful if someone could look over my letter below and let me know if it is ok. I thought I would email and also post do you think that would be the way to go.


Central Payment Office
Vehicle Control Services Limited
PO Box 4777
Sheffield
S9 9DJ

Dear Sirs

PARKING CHARGE NOTICE - XXXXXXXX
JOHN LENNON AIRPORT - VEHICLE REGISTRATION XXXXXXXX


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.


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,

Stroma

That is fine just send it with free proof of postage from the post office and electronically if they allow that

morrisoscar

Copy of my son's winning POPLA appeal for Liverpool Airport I wrote (final draft as edited by coupon-mad) for when they eventually send you a POPLA code your welcome to use any bits you like:)


Dear POPLA
Re verification code xxxxxxxxxx

As the registered keeper I wish my appeal to be considered on the following grounds.

1) Amount demanded is a penalty not a genuine pre estimate of loss
2) Non-compliance with BPA code of practice appeals procedure
3) Not relevant Land under POFA 2012; no registered keeper liability
4)No landowner contract nor legal standing to form contracts or charge drivers
5) No Contract with driver
6) Misleading and unclear signage
7) The alleged contravention did not take place
8) Non-compliant ANPR 'hidden camera van' at this location which is not a car park



1) The amount demanded is a penalty and not a Genuine Pre-estimate of loss.
The parking charge does not represent a genuine pre-estimate of loss and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. Parking charges cannot include business costs which would occur whether or not the alleged contravention took place. The amount claimed is excessive and is being enforced as a penalty for allegedly stopping. and is not a genuine pre-estimate of loss. As VCS are alleging a 'failure to comply' yet cannot show this is a genuine pre-estimate of loss, they have breached the BPA Code of Practice, which renders this charge unenforceable.


2) Appeal not handled within BPA code of Practice time limit
An appeal by the registered keeper was sent within the required 28 days of the date of the PCN. VCS ignored this appeal and sent a notice to keeper claiming the driver had not been identified. It is the right of the registered keeper to appeal and there is no requirement to identify the driver. VCS were sent a copy of the appeal upon receipt of the notice to keeper and at that stage should have cancelled the PCN as they had exceeded the time limit allowed to reply. There were no extenuating circumstances which could have led to their delay, so they have breached the BPA Code of Practice as regards the handling of appeals, which renders this charge unenforceable.


3) Not Relevant Land as defined under POFA 2012; no registered keeper liability.
The driver has not been identified, yet VCS are claiming POFA 2012 registered keeper liability for this charge. The registered keeper is not liable for this charge as Liverpool Airport is designated as an airport by the Secretary of State and therefore roads within the airport are subject to airport bylaws and so POFA 2012 does not apply. I put the Operator to strict proof otherwise if they disagree with this point and would require them to show evidence including documentary proof from the Airport Authority that this land is not already covered by bylaws.


4) No landowner contract nor legal standing to form contracts or charge drivers
As VCS are not the owners of this land and as such they cannot form a contract with the driver, I wish VCS to provide me with a full un-redacted copy of their contract with the landowner which allows them to form such a contract. A witness statement as to the existence of such a contract is not sufficient. I believe there is no contract with the landowner that gives VCS the legal standing to levy these charges nor pursue them in the courts in their own name as creditor. This was shown to be the case by District Judge McIlwaine in VCS v Ibbotson, Case No 1SE09849 16.5.2012 (transcript in the public domain). So as regards the strict requirements regarding the scope and wording of landowner contracts, VCS have breached the BPA Code of Practice section 7 and failed to demonstrate their legal standing, which renders this charge unenforceable.


5) No contract with driver.
If a contract is to be formed, upon entering the site a driver must be able to read, understand and agree to the terms and conditions (see 'misleading and unclear signage' below). A driver could not stop in order to read the signs as they enter the road as they by doing so they would block the junction. In any case, as VCS are only an agent working for the owner, mere signs do not help them to form a contract. VCS -v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model. In this instance, there was no contract formed whatsoever, no consideration was capable of being offered.to the driver, who was simply queuing on a road in traffic and saw no pertinent signs nor accepted these terms whilst driving.


6) Misleading and unclear signage.
The alleged contravention is 'stopping on a clearway' which is a misleading term because of its similarity to the Highways Agency term 'urban clearway'. If VCS intend this apparently private road to treated by drivers as an urban clearway then the signs and terms used must be compliant with the TRSGD2002 or they will be misleading and confusing to drivers. The signs at this location do not comply with road traffic regulations or their permitted variations and as such are misleading. Any repeater signs in this area do not face the oncoming traffic and are sporadically placed if at all at this junction. So they are unable to be seen by a driver and certainly cannot be read without stopping, and therefore do not comply with the BPA code of practice. VCS are required to show evidence to the contrary.

I would draw the assessor's attention to the 'No Stopping Zones' section of the Chief Adjudicator's first Annual POPLA Report 2013:

''It is therefore very important that any prohibition is clearly marked; bearing in mind that such signage has to be positioned, and be of such a size, as to be read by a motorist without having to stop to look at it. Signs on red routes, unlike those indicating most parking restrictions, are generally positioned to face oncoming traffic, rather than parallel to it.''


7) The alleged contravention did not take place.
VCS have provided an evidential photograph which allegedly shows the vehicle to be stationary at this location, the photograph taken at night shows a line of at least three vehicles with their headlights on. The vehicle is allegedly in this line although it is impossible to identify which vehicle it maybe. As VCS state the reason for preventing parking or stopping at this location is because to park or stop at this location causes to prevent an obstruction, I contend that the car was not just in a line of traffic and as such was unable to proceed without colliding with other traffic. There was no parking contravention at all.



8) Non-compliant ANPR 'hidden camera van' system at this location which is not a car park
The BPA code of practice contains the following:
''21 Automatic number plate recognition (ANPR)
21.1 You may use ANPR camera technology to manage, control and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for.
21.2 Quality checks: before you issue a parking charge notice you must carry out a manual quality check of the ANPR images to reduce errors and make sure that it is appropriate to take action. Full details of the items you should check are listed in the Operators’ Handbook.
21.3 You must keep any ANPR equipment you use in your car parks in good working order. You need to make sure the data you are collecting is accurate, securely held and cannot be tampered with. The processes that you use to manage your ANPR system may be audited by our compliance team or our agents.
21.4 It is also a condition of the Code that, if you receive and process vehicle or registered keeper data, you must:
• be registered with the Information Commissioner
• keep to the Data Protection Act
• follow the DVLA requirements concerning the data
• follow the guidelines from the Information Commissioner’s Office on the use of CCTV and ANPR cameras, and on keeping and sharing personal data such as vehicle registration marks.''

At this location, the secret camera van does not operate in a reasonable, consistent and transparent manner and I contend that VCS have failed to meet the requirements of all of the above points in the BPA Code of Practice. They will need to show evidence to the contrary on every point, and explain how this hidden camera van can be compliant when this is not a car park, it is a road, and there is no opportunity for drivers in moving traffic to be informed that this technology is in use and what VCS will use the data captured by ANPR cameras for. VCS have breached the BPA Code of Practice as regards the use of a non-compliant ANPR system being merely a van fitted with a hidden camera, patrolling land which is not a 'car park' and neither 'managing, enforcing nor controlling parking'.

Edenside

Thanks Stroma, will get it printed off today for post tomorror. Have to admit nearly just posted the money off to them as I have an abcess on my tooth and didnt feel like dealing with it. I have been prescribed Metronidazole (strange drug does all sorts to you) hopefully it will clear up shortly and I will be back to thinking straight. Thanks also to morrisoscar will keep your message for my appeal if need be.

Edenside

Just had my appeal to VCS Ltd denied so now have to appeal to POPLA. I attach a draft of what I intend to send and would be most grateful if someone could look over it. We were not in the car park but picking up passengers just off the roundabout. We had entered the car park earlier to drop off a person to meet some overseas visitors who speak very little English therefore needed someone to meet them at arrivals, the driver then left the airport as he had business elsewhere. When the visitors arrived the driver was telephoned to come back to the airport but was unable to enter the drop off/collect car park as it is prohibited to enter within 6 hours of last visiting. Should I mention any off this in my appeal. I will also be writing to DVLA.

Just tried to cut and paste my reply and error in submission
Sorry as a new user you are not allowed to post with links.


What am I doing wrong

nigelbb

Edenside wrote: »

When the visitors arrived the driver was telephoned to come back to the airport but was unable to enter the drop off/collect car park as it is prohibited to enter within 6 hours of last visiting.

That is a truly bizarre restriction. What is the EXACT wording of the sign.

nigelbb

nigelbb wrote: »

That is a truly bizarre restriction. What is the EXACT wording of the sign.

I just found the justifiaction for this on the JLA website. In Drop Off 2 the first 20 minutes is free BUT only one free period per vehicle is permitted, with no return within 6 hours. http://www.liverpoolairport.com/car-parking/drop-car-park-2/

In which case arguing that you didn't use the car park because you would have to pay is not a good appeal point.

Dennyl

Hi All
I lent my car to my cousin and he returned from Spain into Liverpool Long stay Airport last night and found a PARKING CHARGE NOTICE on my vehicle,he actually paid £30 to park there,but because he couldn't find a parking space and there was literally 45 minutes left before his flight he parked on a verge because this was the only place left to park ,other cars had parked on the same verge too ? so obviously nowhere else to park. I note on the ticket it says Contravention code 81 which says ; PARKED IN A RESTRICTED AREA OF A CAR PARK. I am the owner so do i have to give his name to them or am i liable as the owner.