No Stopping PCN from VCS Ltd

suesiq

Hi all, hoping to get some help. I received a PCN from VCN Ltd for stopping in a no stopping area at Calder Park Wakefield. I had collected my car from a local garage after servicing and as I drove away noticed a fault light on the dash. I flashed my hubby who had dropped me off to tell him to stop so that we could return to the garage. I was back in the car and pulling away again within 30 seconds. I used the letter on the newbie thread to appeal to VCN Ltd but as expected they have refuted this for various reasons. Interesting one of their comments states 'You have raised a number of points in your appeal which are not appropriate for us to deal with at this stage'. DO I now appeal to the IAS? If so can anyone suggest a wording as the document on the thread seems totalling inappropriate and I want to ensure I use the correct legal terms with regard to no stopping/byelaws/excessive charge etc if necessary.
Any advice would be much appreciated.

Fruitcake

The general advice is not to bother with an IAS appeal. The NEWBIES explains why. It is up to you if you wish to, but it is believed the IPC members are guaranteed a minimum 80% rejection rate for the motorist at appeal.

Did you appeal as keeper or as driver?

The Jopson case as blogged by the Parking-Prankster can be found here where the judge defined stopping versus parking. Stopping because of a problem (such as a warning light) is one of the points the judge made when he said that stopping was reasonable and could not be considered as parking. In this case it was to check on an oil leak.
I believe it is the first time we have seen a judge define stopping and parking.

http://nebula.wsimg.com/f6d657adf7df70d27e1dd285688b5701?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

Quentin

Read up in the newbies faq thread on the advice over appealing to IAS (which is don't bother).


Now ignore all debt collectors letters and see if they try court action.


If they do come back for advice on preparing a defence

Castle

Here's what happened when VCS issued a claim for a 32seconds stop:-
http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

Coupon-mad

suesiq wrote: »

Hi all, hoping to get some help. I received a PCN from VCN Ltd for stopping in a no stopping area at Calder Park Wakefield. I had collected my car from a local garage after servicing and as I drove away noticed a fault light on the dash. I flashed my hubby who had dropped me off to tell him to stop so that we could return to the garage. I was back in the car and pulling away again within 30 seconds.

I used the letter on the newbie thread to appeal to VCN Ltd but as expected they have refuted this for various reasons. Interesting one of their comments states 'You have raised a number of points in your appeal which are not appropriate for us to deal with at this stage'.

DO I now appeal to the IAS?

No, no and more no. And you mean VCS I think...run by Simon Renshaw-Smith of 'Captain Clampit' notoriety.

Here is a case exactly like yours which is further along the process:

https://forums.moneysavingexpert.com/discussion/5580864

If this ends in a claim you might well have grounds to counter-claim but in this case you would need to use case law and argue it well to show that stopping for a minor 'vicissitude' as part of the normal coming & going of driving where a car is allowed access and has rights of way, is not parking (e.g. some case law that supports your defence is mentioned in the linked thread, which you might want to read again later on to see how they get on defending this).

DO NOT PAY.

DO NOT SUPPORT THE PRIVATE PARKING INDUSTRY OF EX-CLAMPERS, BULLIES AND AN AGENDA OF GREED.

suesiq

Thank you all so much for your quick response. I will take the advise offered and not proceed to the IAS as suggested and await their usual demands from solicitors. In answer to your question Fruitcake, I appealed as the keeper not the driver and advised that I would not be giving the drivers name. It is interesting that when I challenged them on their obtaining my details from the DVLA there is no response. I assume this is one of the 'points it is not appropriate for them to deal with at this time'. Very interesting to read the case mentioned by Castle - it seems to fit this situation very well. I will await their next move and come back with my drafted response for your consideration if that is ok?
Again, many thanks to all.

Fruitcake

If you need further help just come back to this thread, don't start a new one.