Please help- Please help !! PCN from Vehicle control services ltd

Coupon-mad

Here is my advice again:

Coupon-mad wrote: »

This is VCS at an Airport so this will not be won at appeal stage anyway, and would be best dealt with when they file a court claim, by CONTESTING JURISDICTION due to the fact this is byelaws land/public roads and not private land.

If you want to get ahead and understand this, read the UKPPO Airport thread. To find it, search the forum for those words then read that entire long thread, where it is recommended to contest jurisdiction at court stage, and NOT acknowledge/defend.

No more Qs about the pointless appeal stage, please. Of course they will turn it down so I beg for no post asking for what to do next (re-read what I said above!).

NEVER stop AT ALL on a red line or double reds, or on a clearway, or at a bus stop (they are not laybys for dropping off).

SoJacob

Ok I will read them properly 🙁. Some says to ignore and some says appeal. What shall I do? Can I appeal after 14 days? If ignore are they going to take me to court 😳

Coupon-mad

Some says to ignore and some says appeal.

No, they don't. No-one tells you to ignore.

I advised you to read:

- the NEWBIES thread (which does NOT tell anyone to ignore this)

and, to prepare to contest jurisdiction (later, when you get a claim):

- the UKPPO Airport thread.

I will not link either of them, as searching the forum is a skill you will need.

If ignore are they going to take me to court

Yes, I told you that already and HOW TO AVOID IT BY CONTESTING JURISDICTION, and where to read about that, to save us typing it again.

SoJacob

I’m sorry, I am confused. Some says to ignore and some says to appeal. If I ignore can they take me to court and if I appeal can I still appeal as this is now more than 14 days?

Coupon-mad

Some says to ignore and some says to appeal.

No, they do not.

SoJacob

Thank you. But can I appeal after 14 days ?

Coupon-mad

Yes but who cares, you know what the answer will be. Can we stop now?

Le_Kirk

SoJacob wrote: »

I’m sorry, I am confused. Some says to ignore and some says to appeal. If I ignore can they take me to court and if I appeal can I still appeal as this is now more than 14 days?

This is more than once that you have posted this. Can you point to the conflicting advice so it can be edited please?

SoJacob

Thank you. Could please check my drafted letter below.

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to my MP Sir David Amess. There will be no admissions as to who was driving and no assumptions can be drawn.
I wish to dispute the above Parking Charge Notice on the following grounds.

1. Car was not parked or in a car park
The car was not parked and it was not in a car park. A Parking Charge Notice therefore does not apply. It was temporarily stopped at the side of an access road less than 10 seconds and was not causing any obstruction or danger to other road users as vehicles were able to pass safely on both sides of the road.
Vehicle Control Services Ltd state “"Parking” is leaving a vehicle attended or unattended and stationed within a car park or area. This terminology is commonly used to include all types and definitions of "Parking"; as the appellant’s vehicle was stationary on the airport approach road and situated on private land the nomenclature applies.” The Oxford English Dictionary defines parking as “bring (a vehicle that one is driving) to a halt and leave it temporarily”. As the driver did not leave the vehicle and remained with it for the entire duration the car was therefore not parked but stopped.http://www.oxforddictionaries.com/definition/english/park

2. No contract or details of Terms of contract
There was no contract between the driver and Vehicle Control Services Ltd. The driver did not see any contractual information on any signs when entering the restricted area and therefore at that time was unaware that any contract or restrictions applied. I walked to the ‘prohibited area just to read the information provided, but it took me 30 seconds to read the terms of contact by standing. I would therefore not be possible for the driver of a car to read & accept the Terms and Conditions whilst driving past such a notice. This is entirely different from the situation where a driver has the opportunity to park their car in a car park and inspect any notice in detail. As a consequence the requirements for forming a contract such as a meeting of minds, agreement, and certainty of terms were not satisfied.

3. Protection of Freedoms Act (2012) not applicable
The Protection of Freedoms Act applies to private car parks but the car was not stopped within a car park but on an access road subject to Airport bye-laws. The Airports Byelaws Order 1987 refers to Southend Airport as being an airport for which byelaws may be made. The Act therefore does not apply.
4. No nearest FREE dropping off for people with mobility issues like one of the passengers in the car.

There will be no admissions as to who was driving and no assumptions can be drawn. I hope you cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.
For the above reasons, I look forward to receiving response within the relevant timescale specified under the British Parking Association Ltd Code of Practice.

Kind Regards

SoJacob

I don’t think I mentioned, I stopped in a bus stop. 🙄