IAS Appeal

BTSHD1

Hi,

I've searched for VCS airport and read a fair few threads but I could do with a point in the right direction as they mainly are for POPLA appeals not many on IAS...

Like many I received a letter from VCS for my vehicle stopping in the bus lane for 5 seconds. I sent a letter to them along these lines:

To whom this may concern
Re: - PCN VC********
I have received your Parking Charge Notice (PCN) identifying me as the owner of the car on the PCN as listed above, however I must politely inform you that after taking advice from the Police and my legal representative that I am under no obligation to provide you with the driver’s details as requested by yourselves.
I note in the PCN that you reserve the right to pursue the registered Keeper of the vehicle for any charges if the driver is not identified under the Protections of Freedom Act 2012 (POFA), Registered Keeper liability. I must inform you that again, after seeking advice, POFA 2012 is not available to land covered by byelaws, All roads within Humberside Airport are subject to byelaws and/or the road traffic enactments, and as such are not "relevant land" for the purposes of POFA 2012 Schedule 4 so there cannot be any keeper liability. If so required I can provide a copy of the bylaws for your reading.

I have been advised to inform you that this matter should be considered closed, any further correspondence from yourselves be considered as harassment. I must also inform you that if you wish to pursue me, the registered keeper, for the charges levied I would have no option but to put the matter into the hands of my legal representatives, any charges arising from such action may be passed back to yourselves.
Yours faithfully"

I've now received a letter back rejecting that on the basis they have not used POFA and it was not referenced in the PCN (I need to double check that). Also, they are pursuing it on the reasonable assumption I was the driver until evidence to the contrary is provided. And that it the drivers responsibility to ensure they are fully aware and compliant with the terms and conditions of the area. Can upload the actual letter if that helps.

Do I submit an IAS appeal? I can prove I was not the driver based on their photographic evidence, should I use this or will it open a can of worms i.e I must know who was the driver if they were picking me up?

Or should I just ignore it from now on?

It really riled me up at first as the van that takes the photo is parked on double yellows next to a roundabout it's just a joke.

Thanks

Redx

its always the same, but if POFA 2012 applies then not being the driver is no defence, you do not have to name the driver , even if you know who it was , its their task to pursue the driver, not your job to help them do so

POFA 2012 does not apply on private land

no parking event took place, they are using parking control to try to enforce road safety rules (in a place where nobody would park or can park)

there are no IAS appeal templates on here, each one is bespoke

yes we know all about the sc@m operated at a lot of these airports, particularly JLA and LUTON and RHA too

what you do is up to you, either appeal to the IAS within the 21 days, or ignore , your choice