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Liverpool Airport Parking Charge Notice

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Comments

  • Hoping to hear back really soon. My decision date was on the 16th and I haven't heard yet. Obviously a lot of people are complaining at the minute lol
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    they were a couple of weeks behind last month, could be catching up and you should hear by the end of the month I think
  • booo, I was hoping to get this over and done with so I could concentrate on nicer things. Oh well, just have to be patient!
  • Thank you all for your help! I have confirmation that my appeal has been allowed :-)
    I will see them in 9 days when I am back there for a holiday :-)

    (Appellant)
    -v-
    Vehicle Control Services Limited (Operator)
    The Operator issued parking charge notice number XXXXXXX arising out of the presence at John Lennon Airport, on 13 July 2014, of a vehicle with registration mark XXXXXX.
    The Appellant appealed against liability for the parking charge. The Assessor has considered the evidence of both parties and has determined that the appeal be allowed. The Assessor’s reasons are as set out.
    The Operator should now cancel the parking charge notice forthwith.

    22 September 2014
    Reasons for the Assessor’s Determination
    On 17 July 2014, the appellant was issued with a parking charge notice for breaching the terms and conditions of the parking site.
    It is the operator’s case that the appellant stopped their vehicle in a no stopping area despite signage erected at the site to prohibit this. There is photographic evidence to support that there was adequate signage at the site to inform motorists of the parking terms and conditions. There is also evidence from the operator’s automatic number plate recognition system which shows the appellant’s vehicle stopped in a no stopping area.
    The appellant has made a number of submissions, however, I will only elaborate on the one submission that I am allowing this appeal on, namely that the parking charge amount is not a genuine pre-estimate of loss.
    The burden is on the operator to prove that the parking charge is a genuine pre-estimate of loss. Although a detailed breakdown may not necessarily be required to prove this, as the appellant has questioned the level of the charge in this case, it is necessary for the operator to provide an explanation as to how this sum was arrived at as an estimate of the damage which could be caused by the appellant’s alleged breach. However, the operator has not provided a breakdown of costs under each head of claim. I am unable to see how the parking charge amount has been calculated. In addition, the operator has included “Central Payments Office (CPO) – Indirect Overheads”. I do not accept that these costs have been incurred as a direct result of the appellant’s breach. As the operator has not produced a breakdown of costs, I am unable to determine the proportion of these costs in relation to other heads of claim listed by the operator. On this occasion, I am not satisfied that the operator has discharged the burden.
    In consideration of all the evidence before me, I find that the operator has failed to prove that the parking charge amount was a genuine pre-estimate of loss.
    Accordingly, this appeal must be allowed.
    Farah Ahmad
    Assessor
  • Umkomaas
    Umkomaas Posts: 43,920 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thank you all for your help! I have confirmation that my appeal has been allowed :-)
    I will see them in 9 days when I am back there for a holiday :-)

    If you're up for the fight, want cost the PPC another £27, put them through some hassle (as payback), then just stop the car for 20 seconds - and wait for the NtK when you get back from your holiday.

    All you'd do then is copy and paste your two previous appeals, just change the dates. You'd then be much more in the driving seat, given your recent experience and knowing how to beat them. Like shelling peas.

    I can understand however if you now want a quiet life; just enjoy your holiday and well done on a good result.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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