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

SoJacob

‘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).’

I have done the above.

nosferatu1001

Stopping in a bus stop is a terrible idea on a real publiuc road. Great way to get a real fine.

SoJacob

Is it same in a private land ?

waamo

Private land is different in that it's possible to beat the charges. You will get a charge no matter where it is.

waamo

SoJacob wrote: »

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

It's also extremely clear from the quote above that you haven't read the Newbies thread. Can I suggest you stop panicking and sit down and read it properly.

Come to think of it have you found the Newbies thread yet? I'm not convinced you are reading the right thread even.

SoJacob

I’m sorry, I’m annoying everyone here!! I have read a newbie thread and so many other ones in the forums. I followed those templates which are mentioned in the draft appeal.

Coupon-mad

VCS are not in the BPA and there is no POPLA stage for you. The appeal stage is fairly pointless v VCS.

I say you would be better writing something like I've advised here:

https://forums.moneysavingexpert.com/discussion/comment/76155292#Comment_76155292

waamo

SoJacob wrote: »

I’m sorry, I’m annoying everyone here!! I have read a newbie thread and so many other ones in the forums. I followed those templates which are mentioned in the draft appeal.

Personally I'm not in the slightest bit annoyed. I'm just a bit concerned about your levels of anxiety and confusion.

SoJacob

Sorry but they are a member of ipc. Shall take off the popla bit from the letter and leave everything else ?

SoJacob

I’m sorry my first experience .. as you said I’m anxious and confused. I spend my whole day researching but I’m confused more after that. Thank you