Humberside airport VCS PCN overturned on IAS appeal

hoohoo

Elliot v Loake is here http://forums.pepipoo.com/index.php?showtopic=2498

In that case the owner said he had the keys to the car at all times, nobody used it and it was not stolen. He lied about the damage to the car.

Easily distinguishable from cases where the keeper was not the driver but refuses to name the driver.

Umkomaas

hoohoo wrote: »

Elliot v Loake is here http://forums.pepipoo.com/index.php?showtopic=2498

In that case the owner said he had the keys to the car at all times, nobody used it and it was not stolen. He lied about the damage to the car.

Easily distinguishable from cases where the keeper was not the driver but refuses to name the driver.

And one can easily conclude, by the quoting of this case, that the IAS barista is inferring the appellant is a liar. Not nice.

Maybe the OP should enquire of the IAS precisely how he 'fits' with Elliot v Loake?

welfrington

Could I use a similar defence as you with regards your no stopping area? Mum has recieved a NTK I responded with template off here to VCS and they have responded stating there is clear sinage stating no parking/waiting on access road at any time. How can they then claim a parking charge? I think we will iognore it and then raise this at court as they are currently offering ISA. They note their NTK didnt refer to POFA they are suggesting we are liable on the resaonably assumption that you are driver unless evidence to contary is given.

Ralph-y

please start a new thread so as not to confuse ........

but yes you can do similar after reading

https://forums.moneysavingexpert.com/discussion/4816822

Ralph:cool:

Vicki73

Hi, I'm new to this site but I have a question . As the registered owner of the vehicle If you can prove you were not driving the vehicle at the time the "parking offence" was committed should you include this in the letter of appeal?

Redx

pofa 2012 makes you "liable" unless you name the driver

so assuming you wish to name the driver, go ahead and prove it and name the driver, then they will have to contest it , until then its your "baby"

start a new thread if you need further help

zoonyx

However, if the operator hasn't, doesn't and purposfully avoid POFA compliance, and you can prove you're not the driver, what then?

Umkomaas

zoonyx wrote: »

However, if the operator hasn't, doesn't and purposfully avoid POFA compliance, and you can prove you're not the driver, what then?

You ignore everything for 6 years, or you appeal on that basis. Result in the hands of the PPC initially, then POPLA (likely win), or the IAS (likely loss - even with 'proof'), ultimately a judge.

Redx

he should already know this as he has one long thread about it (merged from several threads)

you would have thought people would realise its all down to civil court to sort these matters out, 6 years to bring about a court case and argue the matter in court, that is the ultimate outcome of any dispute over invoices in civil matters

why does he think Barry Beavis has been to court in front of 11 judges in the last couple of years ?

ManxRed

Vicki73 wrote: »

Hi, I'm new to this site but I have a question . As the registered owner of the vehicle If you can prove you were not driving the vehicle at the time the "parking offence" was committed should you include this in the letter of appeal?

Was this at Humberside Airport also?