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Robin hood airport Doncaster

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Hi folks,
Can someone advise me please on what to do next in regards to a no stopping parking notice.
I have read all the newbies stuff, sent a response stating I won't be naming the driver, signage, unreasonable amount etc etc
The criminal company, VCS, have replied with the following reasons for declining my initial appeal to them:
1. "We note that you have declined to name the driver....in this case we may pursue you as the registered keeper of the vehicle for the outstanding charge, as per schedule 4 of the protection of freedoms Act 2012 (PoFA)" they go on to say that they have the right to recover the unpaid balance from the keeper after 28 days?? can someone tell me if this is the case????
2. They state that their charges are not extravagant and site that this was supported "by the supreme courts decision in the case of ParkingEye v Beavis (2015)"

3. They state they are contracted by the landowner to manage and enforce parking on private land. They then state that the existence of the document has no legal bearing on the contract with the motorist - (See vehicle control services v HMRC (2013) EWCA Div 186, para 22 per Lewis on LJ)

Can anyone give me information on how to proceed with this??
Many thanks
Bon
«134567

Comments

  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    edited 14 September 2018 at 10:29PM
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    landowner = airport , non relevant land , therefore NO POFa


    You could point out them that as this land is subject to byelaws or RTA enforcement then it is not relevant land for the purpose of holding the keepr liable instead of the driver under Schedule 4 of The protection of Freedoms Act 2012.
  • BON_EON
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    Many thanks for your reply. I did state this in my reply to them.
    I'm assuming they have put this in their reply to me in the hope of scaring me into paying them?
  • Umkomaas
    Umkomaas Posts: 41,506 Forumite
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    I'm assuming they have put this in their reply to me in the hope of scaring me into paying them?
    Precisely. It's the 'industry' business model.

    You just have to wait to see if they carry out their threat (they have six years to do so), then see what a Judge says. There's nothing you can do to stop them trying (other than send a cheque).

    Sorry, no magic solution.

    Why not write to your MP and make him/her aware of what's going on and ask them to support the Sir Greg Knight Private Parking Bill currently going through its Parliamentary stages.

    https://hansard.parliament.uk/Commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    https://www.parliamentlive.tv/Event/Index/d5550515-cce9-4185-83ec-754dadb7524a
    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 Street
  • fisherjim
    fisherjim Posts: 6,082 Forumite
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    BON_EON wrote: »
    Many thanks for your reply. I did state this in my reply to them.
    I'm assuming they have put this in their reply to me in the hope of scaring me into paying them?


    Spot on, remember they are greedy lying scammers!
  • Giant_Hogweed
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    I got caught by these scammers at the same place 3 years ago. Follow advice on here and play e mail ping pong with them. They didn't follow ANY of their own industry 'guidelines', basically made some of the stuff up as they went along for example when i asked them for their appeal procedure they said I'd left it too late, but the reason was it took them TEN weeks to respond to my initial rebuttal despite them stating they'd reply within 28-35 days!
    Also (and the much more learned people on here may confirm or correct this) they are trying to use parking rules on a public road, and 'parking' and 'stopping' are two completely different things (you have to stop to read their poxy signs in the first place so they'll never try court with this location).
    I've looked on the airport website it previously warned about the No stopping on the approach road situation, with a disclaimer from the airport manager stating the PPC (VCS) was nothing to do with them. This has now mysteriously disappeared, I wonder why?
  • BON_EON
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    Thanks for the advice. I take it I just jump through the hoop of appealing to their IAS, knowing it will be rejected, then ignore any correspondence from the resulting debt collection agencies??
  • KeithP
    KeithP Posts: 37,889 Forumite
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    BON_EON wrote: »
    I take it I just jump through the hoop of appealing to their IAS...

    No, don't bother jumping through that hoop.

    Re-read post #3 of the NEWBIES FAQ sticky thread to find out why.
  • BON_EON
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    Thanks, I've been reading up on this and understand it is a pointless exercise to appeal to IAS. But as a few people have suggested, it shows how corrupt they are and gives you more evidence if it goes to court.
    Has anyone been taken to court recently by this firm at Doncaster airport??
  • KeithP
    KeithP Posts: 37,889 Forumite
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    edited 15 September 2018 at 2:47PM
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    BON_EON wrote: »
    ...it shows how corrupt they are and gives you more evidence if it goes to court.

    The converse is also true.

    A refused IAS appeal gives the Claimant something else to wave at a judge:

    "Look your Honour, the Independent Appeals Service has already decided that the Defence has no merit. QED..."

    Swings and roundabouts I suppose. Your choice.
  • Umkomaas
    Umkomaas Posts: 41,506 Forumite
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    Absolutely follow KeithP's advice.

    No good will come to you from an IAS appeal, and a Deputy District Judge will have little interest in their 'virtuousness' - they're not standing in front of him/her.
    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 Street
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