PCN for parking on a restricted bus stop/stand

Coupon-mad

Glad to hear you are fighting back with complaints. Be careful not to say who was driving though; the PPC does not know and cannot hold you liable - unless your earlier appeal dropped you in it as driver...

Hel3n76

Unfortunately I explained my situation honestly which gave me up as the driver!

Coupon-mad

OK so be as open and forthright with an honest and angry complaint as you wish then, no need to hold back on facts or your views of this scam.

Hel3n76

I've put together a letter for the MD of the airport. Plus have emailed it to Daniel Fell, CEO Doncaster Chamber of Commerce and Doncaster Free Press. If anything positive comes from it, I'll post what I wrote.

I've been following other thread from Giant Hogweed, who is also dealing with the Doncaster Airport, although a different scenario.

Should I also be replying to BW Legal to deny the debt? Please can you advise what else I should include?

I think that VCS have met all the required letter timescales. They say I was parked just past the sign - I have stated that in my letter to the MD that it's too difficult to read without stopping, certainly to get the phone number that VCS said I should have done. That I had reacted in the moment, as my niece had taken off her seatbelt.

Any advice is appreciated.

nigelbb

Hel3n76 wrote: »

I've put together a letter for the MD of the airport. Plus have emailedI think that VCS have met all the required letter timescales. They say I was parked just past the sign - I have stated that in my letter to the MD that it's too difficult to read without stopping, certainly to get the phone number that VCS said I should have done. That I had reacted in the moment, as my niece had taken off her seatbelt.

As you admitted to being the driver then there are no timescales that VCS need to meet. If you had not admitted to being the driver then the keeper could not be held liable as this is not relevant land as bylaws are in force.

Hel3n76

I have still not received any reply from anyone I wrote to or emailed (MD of the airport, Daniel Fell, CEO Doncaster Chamber of Commerce and Doncaster Free Press) however have received another letter today from bw legal. It is a FINAL NOTICE and writes that in my First Letter they requested I either pay the balance in full or provide detailed grounds for disputing the PCN, by 16/3/16 (it did not state this). No payment received. Now Excel require full payment of the balance by 10 days of letter date, by 22/4/16, failing which VCS has instructed us to commence County Court proceedings against me for recovery of the balance. Now listed debt as £154 parking charge and £54 for VCS initial legal fees, which were detailed in the car park terms and conditions.
Then letter goes on to state County Court proceedings.
Letter quotes the case of Parking Eye Limited v Beavis (2015) UKSC 67 in which the Supreme Court held that parking charged serve a legitimate commercial interest and are neither extravagant nor unconscionable. This case eliminates the main defence that you will have should the matter go to Court and will be relied upon, by VCS, in any County Court proceedings.
You should also note that if your claim has already been processed through an Independent Appeal Service and an IAS has dismissed your appeal, then it is likely that a County Court will come to a similar conclusion and your defence will be unsuccessful.

Would you advise I write to bw legal with my detailed grounds and explain that I haven't had chance to do this before?
Thanks