VCS parking charge - East Midlands Airport

Umkomaas

What was the date of the 'contravention'?

What is the 'Date of Issue' shown on the NtK?

Byelaws don't mean that there can be no enforcement of regulations, but in the context of private parking companies, their existence means that the keeper cannot be pursued as the keeper (but he/she can be as the driver, if the PPC can prove that, or there is an admission by the keeper). PoFA 'Not relevant land' conditions apply.

nosferatu1001

OGMT _ they have to stilll state they are holding the KEEPER liable. And how.

Youre still missing that byelaws mean that POFA *cannot* apply. Regardless.

custardy

OGMJT wrote: »

Secondly, I've read PoFA 2012 and realised that VCS has failed to fully comply as I received the NTK more than 14 days after the contravention date. Unfortunately, I believe the onus is on me to prove it. Is anyone aware of a way to prove when a letter was received? Does anyone know if Royal Mail keeps records of when letters were out for delivery and who the sender/consignee was? I don't see how it would be possible to prove this unless the letter was sent via recorded delivery which, of course, it was not.

Thanks.

Come on. Keep a record of all letters out for delivery every day?

OGMJT

Contravention date: 02/07/19
Issue date 12/07/19
Royal Mail didn't deliver until 19/07/19.

I understand byelaws mean PoFA can't apply, but if VCS were somehow able to contest my 'not relevant land' challenge, then falling back on their failure to comply with PoFA may have been another option.

Custardy, thank you for your constructive feedback.

nosferatu1001

Again, for the third time

Do VCS try to claim the keeper is liable using POFA? OR, in fact, do they just claim the keeper is liable as they assume they are the driver?
This isnt a trick question.
Answer it.
See the point that is being made.
That failures of POFA dont matter *when they dont even claim the right in the first place*

OGMJT

Nosferatu, I wasn't aware you had asked a question. They seemed more like statements. Apologies.

VCS have stated I will be liable as the keeper if after 28 days they have not received payment or the drivers details. So I take it that they are assuming I am the driver.

DoaM

No - that's stating they'll transfer liability to the keeper if they don't receive payment or notification of the driver's details. Therefore they're trying to invoke POFA ... ergo you have them by the short and curlies.

nosferatu1001

Yep

Theyre making a false and misleading statement, while demanding monies.

OGMJT

Hello again.

Honest opinions of this draft letter? Too much? Too little? Factually incorrect?
Your feedback is gratefully appreciated.


To whom it may concern,

I have received your letter of rejection regarding my initial appeal. I would like to clarify that, contrary to your baseless assumptions, I have at no point confirmed to you the identity of the driver, nor shall I.

Under the Protection of Freedoms Act 2012, Schedule 4, you may only seek to recover costs pertaining to contraventions on ‘relevant land’. I would like to bring to your attention the East Midlands Airport Byelaws (2001) which render the land in question NOT ‘relevant’. Any contravention would, therefore, be a criminal matter -- not a civil one -- enforceable through a Magistrates' Court, thus you have no grounds to demand payment for a civil debt.

Furthermore, since the land in question is NOT ‘relevant’, you have no right to invoke the Protection of Freedoms Act 2012 to transfer liability to the registered keeper of the vehicle. In threatening to do so, you have issued incorrect and misleading information to demand a payment you are not entitled to -- this is fraud! I have made a formal complaint to my local MP about your predatory behaviour.

Should you proceed with this claim, I WILL CONTEST JURISDICTION and file an application to have the case struck out on the basis of the facts laid out above. This letter serves as fair warning that by proceeding to court, you accept all associated costs that I will seek to recover, including damages for misuse of private information should you be found to be at fault.

Regards,


Would it be better to send this via IAS or just send it to their generic email address?

Thanks again.

nosferatu1001

This is potentially an offence under Section 2 of the Fraud Act 2006, nd you have been reported to Trading Standards to investigsate

Your MP doesnt have a "formal" complaint, just a "complaint".

State you will seek the applicaiton fee and your costs for time spent. As this claim will never be suitable for the small claims track, you are put on notice that you will be liable for my full costs at £X per hour (use your normal rate or £19ph, which ever is higher) estimated at (5 hours or so)

Send it via post, first class with free proof of positng.