Parking Charge Notice - Doncaster Airport

Vicki73

Help Please!

I have received a PCN through my letterbox.

Arrived back from my holiday and was collected by "Driver" using my vehicle. The "driver" was late arriving and I was unable to contact "driver" so I walked out of the airport. I was stood there for about 30 minutes, during this time I noticed a white van parked up on a roundabout but stupidly never thought anything of it! As my vehicle drove down the entrance road I moved away from where I was stood (i was near a roundabout) and the white vehicle immediately accelerated to where I had previously been. I obviously twigged at this point and as my vehicle pulled up I told them to keep going. THIS LASTED 16 SECONDS!! The white van then followed my vehicle out of the "private land" and I was left on the side of the road. The white van then returned and followed me as I walked (I felt like I was being stalked), I entered a hotel car park nearby that had barriers at the entrance and the vehicle collecting me parked up at the entrance.

The white van man pulled up across the road so I went over to him and asked him what his problem was. He tried to say I couldn't park there but I pointed out there was no double yellow lines into the entrance and I was going into the hotel car park even if it cost me £200! We had words and he drove off I haven't received a PCN for this.

The Humberside Airport case, which was overturned (Bodmass), from how I read it implies he won because "As long as you don't reveal who the driver of the vehicle was they can't use POFA 2012 to enforce the charge on the keeper of the vehicle" I can actually prove I wasn't driving the vehicle as I'm in the photograph they took of my car on the side of the road (getting wet!), which they have sent me.

Do I use this in my appeal?

Herzlos

POFA2012 is unlikely to count here as it's not relevant land, but assuming it was and they got it all correct, it wouldn't matter.

The good news is that they won't have got it correct so keeper liability will be hard to enforce. Especially if it's with the IPC who use the "reasonable assumption" that the keeper was the driver, then you can appeal with something along the lines of "your evidence shows me standing outside of the car, so I cannot be the driver. I will not be naming them as I am not required to".

You can then shoot it down on all of the usual points; no standing, poor signage, no contract, no parking event occurred, not a gpeol and not a contractual charge.

ManxRed

A question for the others on here.

Has it been established whether Humberside Airport is relevant land or not? And the fact that VCS don't even use PoFA to chase the registered keeper anyway? All this talk on the other thread of 'dobbing the driver in' is not ideal here, surely?

If the OP can simply state 'it's not me, go and pursue the driver' that ought to suffice? Even if it got to court?

ManxRed

I see Herzlos got there first!

Vicki73

Right, so I just send the template letter on the "newbies" thread challenging the pcn, which will be rejected, then write a more detailed appeal that is more "personal" to my case once I have received their rejection?

Starting to wish I'd booked a taxi!

Herzlos

Yup. Don't waste too much time on the first appeal because it'll be rejected anyway. Do make a point about you clearly not being the driver and POFA not applying, and see how they worm around that.

Be very careful not to imply who the driver was.

Vicki73

I found this in the THE INDEPENDENT PARKING COMMITTEE
ACCREDITED OPERATOR CODE OF PRACTICE


14. Predatory Tactics
14.1 You must not use predatory or misleading tactics to lure drivers into incurring
parking charges. Such instances will be viewed as a serious instance of non-compliance and
will be dealt with under the sanctions system as defined in schedule 2 to the Code.

Will definitely be quoting that in my appeal

ManxRed

The IPC Code of Practice isn't worth the paper it's written on. It only exists to appease the DVLA into giving them access to the Registered Keeper database, and isn't there to be followed by it's members.

Vicki73

So if I make an official complaint to the IPC about the conduct of the driver of the Mobile Traffic Enforcement Vehicle, they will do naff all?

ManxRed

Yes. They'll do b*gg*r all.

They are a sham organisation with no concern at all over parking matters. They're only interested in assisting their members in maximising revenue, at any cost.

Vicki73

Sorry Herzlos but are you saying I should put in my first letter that I am not the driver? "Do make a point about you clearly not being the driver and POFA not applying, and see how they worm around that"