Vehicle Control Services - Stopped on a roadway where stopping is prohibited

Coupon-mad

rk4406 wrote: »

Yes all good as long as im not lining the company up for something...being as though I do not have a legal educated bone in my bone so im trusting you guys!

The letter looks fine.

rk4406

Thank you all again for your help, ive posted the letter, ill be back in touch when i know whats next.

rk4406

Hello,


Letter received from BW Legal:


We have requested evidence of the contravention from our Client. We have placed your account on hold whilst the query is ongoing.


The PCN contravention took place on 30 June 2016 at Calder Park, Wakefield where the vehicle bearing registration ### stopped on a roadway where stopping is prohibited. The prohibition was clearly detailed on the signs along the roadway and by stopping in a prohibited area, the vehicle has contravened the prohibition and therefore you are liable for the Balance.


In order for you not to be held liable for this Parking Charge Notice, we request that you provide the driver's details within 14 days of this letter. It is clear you are aware of the driver's identity as you have explained their reasons for stopping on a roadway, where stopping is prohibited.


** Please can you advise how you think I should reply, if at all? Thank you


FYI, we saw a Police Car stop in the same place the other day, we spoke to the officer and told him we had received a PCN after stopping here etc, he said it was ok he was just doing his paperwork, we said yes our guy was just setting his sat nav but we still got a PCN!

Redx

they are currently discontinuing claims at LIVERPOOL BUSINESS PARK for "stopping on a roadway" - so I suggest you read those cases and threads and follow the same advice ?

see these 2 recent blogs too

http://parking-prankster.blogspot.co.uk/2017/01/bw-legal-discontinue-liverpool-business.html


http://parking-prankster.blogspot.co.uk/2017/01/bw-legal-discontinue-liverpool-business_19.html

not the same place, but similar circumstances, same PPC , same solicitors , same stupid arguments about "parking" on a roadway

rk4406

Thank you Redx those blogs seem to be saying ignore. Ill go on and find the other cases and threads and have a read, thank you

Umkomaas

You need to keep the 'dialogue' going with BWL. Play letter ping-pong. Tell them that you are under no obligation to provide the driver's details to them or VCS. And as a company you would be contravening the Data Protection Act in doing so.

Equally, as VCS paperwork does not conform with the requirements of the Protection of Freedoms Act 2012, there is no keeper liability.

If they believe they have a case, invite them to get on with issuing court papers as early as possible in order for this to be settled in front of a judge, once and for all.

Redx

rk4406 wrote: »

Thank you Redx those blogs seem to be saying ignore. Ill go on and find the other cases and threads and have a read, thank you

nope, you definitely need to play ping pong , so a judge can see them (a paper trail)

rk4406

Ok thank you Umkomaas, something like this?


Further to your letter to **company** dated 16th January 2017, the company is under no obligation to provide the driver's details to you or VCS as doing so would be contravening the Data Protection Act.


Equally, as the VCS paperwork does not conform with the requirements of the Protection of Freedom Act 2012, there is no keeper liability.


If you would still like to take this forward, may I suggest that you issue court papers as early as possible in order for this to be settled in front of a judge, once and for all.


Yours faithfully,

Coupon-mad

You can assert that you are well aware that VCS are discontinuing claims regarding alleged but badly-signed 'no stopping' areas:

http://parking-prankster.blogspot.co.uk/2017/01/bw-legal-discontinue-liverpool-business_19.html

http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

and that you will counter-claim for data misuse, should they continue and because they fail to hold the keeper liable, due to their own choice not to rely upon Schedule 4 of the POFA.

nwilko101

Now that legal precedent seems to have been set on Liverpool Business Park and "no stopping",
if the claimant - VCS or BW Legal - do not file a claim could a person who receives a parking charge notice letter issue a claim straight away? Secondly does the claim state £250 or £750 or does the judge decide the amount? obviously if one was going to claim you would do it for £750