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Received two Parking charge notices from VCS at john lennon airport
Comments
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I've seen that exact reply before. It's their usual template. Personally I would go into ignore mode now.0
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I cannot see them trying court with the risk that any defendant might just raise this point:
http://parking-prankster.blogspot.co.uk/2015/07/planning-application-for-signage-at.htmlJe Suis Cecil.0 -
I wonder (no I don't cos I know!) what they'd make of an appeal based on the fact the driver stopped specifically to read the notice, did not like the contract terms, drove off and returned home?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 Street0 -
So I take it that I will now receive a final payment notice.
Do I reply to this with response along the line of the illegal signage ( no planning permission so just basically an advertisement posting) and that the witness statement is based upon being in accordance with the BPA approved scheme code of practice and not the IPC ?
OR
Just ignore
A massive THANK YOU again, to everyone who has put time and effort into helping me with this.0 -
You'll receive all manner of junk mail now, just ignore it.Je suis Charlie.0
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forgot to add
This was VCS reply as evidence to IAS
1. John Lennon Airport and all its approach roads are private land and motorists are allowed to enter that land provided that they agree to the Terms and Conditions of use.
2. There are 45 signs on site, which state, “RESTRICTED ZONE” and, “No Stopping at Any Time” and, “Strictly no parking, stopping or waiting on double yellow lines, red route zones or roadways at any time”, and photographs confirm they can be easily observed at the entrance and throughout the site.
3. The appellant questions the signage at the John Lennon Airport Approach Roads but it should be noted that to reach the location at which they stopped, the driver must have driven past a minimum of 6 of those signs: 2 Entrance Signs and 4 Restricted Zone Repeater, and, therefore the driver had sufficient notice to decide whether or not to adhere to the no-stopping restrictions. Please see the site overhead and annotated site photos.
4. The signage on the approach roads is reflective and positioned to face oncoming motorists and the text size is relative to the average approach speed of a vehicle on the approach roads, which is 30 mph. Furthermore, all signage at the airport uses the nationally recognised Highway Code symbol for 'No Stopping' (clearway). It should be noted that the large entrance signs are 2000mm x 1000mm and, to put the size of these signs into perspective, they are larger than a house door.
5. In his appeal the appellant raises a number of questions and observations concerning signage and the fonts used on them. However the department of transport guidelines do not apply on private land and, therefore, the calculations supplied by the appellant are irrelevant. However, the signage used at the site does conform to the requirements contained within the IPC Code of Practice.
6. The CCTV images show that the vehicle stopped on an airport approach road, which has designated by the landowner as a red route where stopping is prohibited at all times, and it appears that the appellant was dropping off passengers at the airport. The position of the appellant’s stationary vehicle is marked on the annotated site overhead, which is attached to the site photographs.
7. The appellant questions the right of Vehicle Control Services to issue Parking Charge Notices on the John Lennon Approach Roads but a statement of authority from our client, the landowner, is attached.
8. The appellant questions the validity of the PCN issued on the airport approach roads but airport byelaws are not currently in use on the approach roads. The last sets of byelaws relate to the old airport site and do not apply to the access roads, which are private land.
9. In response to the appellant’s comments about the amount of the PCN, we state that our charges are neither extravagant nor unconscionable and are commercially justified and legitimately enforceable. We would also refer to the recent judgment passed down by the Court of Appeal in the case of ParkingEye v Beavis ([2015] EWCA Civ 402). The signs on site give clear notice that any motorist stopping agrees to pay a fixed sum or charge. The construction of the contract is such that loss does not need to be demonstrated or proved because the contract is for a specified sum in the event that the motorist stops outside the agreed terms.
10. The appellant stopped on a road where stopping was prohibited and became liable for a Parking Charge Notice under the Terms and Conditions displayed.0 -
I can't see any of that working in a real court. Especially the bit about highway regulations not applying to private roads (and that also covers the clearway and yellow lines), and how you can pay a contractual charge to do something that is prohibited. It's either allowed or it isn't.0
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Hi all,
Does anybody have the name of the big wig at JLA to contact regarding this matter. I feel that I might as well drag JLA into the equation knowing that the signage is illegal and that there witness statement states that VCS are allow to pursue tickets so long as they are doing so under the BPA guide lines / rules
Thanks again to all for you advice and guidance0 -
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Hi all, I have spoken to a Danny Williams twice this week at JLA on 0151 907 1623 and he has advised me that it has nothing to do with JLA and go back to VCS. I pushed a little further and he has now spoken to VCS who are going to write to me apparently. I can't wait for this letter.0
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