stopping on a road way were stopping is prohibited humberside airport

Redx

so is the 4 letter f word , - F I N E

fisherjim

Whatdoiknow wrote: »

There are two car parks, one for Tesco and one for B&Q and others on a S!!!!horpe retail park and a sign to try and deter parking for the football and it does say that anyone caught parking will be fined.:rotfl:

A nice little get out clause there then:D

peter_the_piper

fisherjim wrote: »

I don't think you actually have your facts right with that one, that's one thing they dare not say!

They are not entitled to say FINE but it does not stop them. Anything to con the public.

arabesque_101

rousealdo wrote: »

regarding............ Are VCS still citing "POFA 2012" (or Protection of Freedoms Act 2012) and 'registered keeper liability' anywhere on the letter to keeper, including on the back?

yes they are stating that . so as its a speculative invoice do i still need to write to them or just ignore it !!!

Because it is an airport where byelaws apply, they cannot establish keeper liability under POFA as it is not relevant land under the Act, and therefore cannot legally chase the keeper. But they will chase the keeper with threat-o-grams regardless so best to appeal it and get it out of the way. You can also complain to the DVLA and the BPA that the letters are misleading in that they claim keeper liability when none exists. In your appeal to VCS, you use the standard appeal from the NEWBIES sticky thread, and add a line saying "As the airport is not relevant land under POFA2012, keeper liability cannot be established".

rousealdo wrote: »

if i do have to write to them do i need to do 2 x letter or one letter with both fines on it

You should write as two separate appeals as you want two POPLA codes back.

rousealdo wrote: »

can u email them ??

Check the notice to keeper and their website. I don't have letter in front of me and its only fair if you do a bit of work yourself too.:)

rousealdo

many thanks to all for ur much needed help. i read all the humberside things an i sent this


Dear vehicle control services ltd, fri 20th june

PCN number vcoxxxxxxxx


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
4) "As the airport is not relevant land under POFA2012, keeper liability cannot be established".
5) Am not to sure if you guys know the difference but to add a point that stopping is not parking !!!!,
6) if the airport wanted to stop parking on the roads around the airport it could alter its bylaws , but as it hasnt ..............

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,

g

i hope it was ok, ive just read some more were folk did a, is it good to go ,

rousealdo

and i got the automated reply from my email, but i guess u all know that happens, this is just for ur info

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) The PARKING 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 NUMBER we 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 YOU fail 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 NOTICE on 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. It may take up to 35 days from the receipt of your appeal for us to notify you of our decision or to inform you what further information/action we require. Should we require longer than this we will write to inform you of this in the 35 day period along with a date/timeframe by which we expect to confirm our decision.



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 the 35 day period specified above.



IMPORTANT: If you have already received a response from us informing you that you appeal had been unsuccessful, we will NOT respond to any further correspondence from you. Our letter would have informed you that our decision was final. As such, please disregard the information/requests referred to in the previous paragraphs of this email.



ALL EMAIL CORRESPONDENCE SHOULD BE DIRECTED TO: CPO@vehiclecontrol.co.uk



Thank you for your co-operation.





Central Payment Office

Vehicle Control Services Ltd

Redx

remove your personal info from post #16

rousealdo

i understand now i dont reply to that above email and wait for some post to come , is that correct ??

Redx

rousealdo wrote: »

i understand now i dont reply to that above email and wait for some post to come , is that correct ??

you wait for their official response to your appeal , yes (and ignore the automated response drivel)

also bear in mind you do this twice, once for each pcn with the correct reference number on each appeal

rousealdo

thanks redx , you guys are very clever people, its much appreciated, i carnt believe helping a mate out to drop them em off an pick them up causes so much trouble,

on a different note last year i got fined £60 for being over the two hours in a motorway car park , on the m5, i fell asleep it was 3 am , i went in shop used the loos etc, then thought id have a nap, an we got a fine in the post of course it was paid, but should i have paid it, we was the about 2 hours 45 mins

what amazes me is it says tiredness kills, take a break, then u get a fine for stopping,