NON-STOP PCN from Southend Airport ******* Case Dismissed, Now VCS appealing ********

IamWood

Hello all,

In August 2019, I received PCN (Parking Charge Notice) from Vehicle Control Services Limited for stopping at No stopping zone at London Southend Airport. It was my first trip to London Southend Airport. After failing to find any suitable dropping off area, I simply stopped to ask the traffic warden onsite where the temporary pickup / drop offs is (for 20 seconds?). I was told there is none and I should use the short stay car park, which I did.

I appealed the PCN by telling my story. Silly me I did not seek the advice here before I submitted my appeal. I told them I was the driver (the cctv image did show me jumping off my car).

Today I received their refusal letter (sending through email) as follows. What should I do now? ignore them or appeal?

I am now worried. Please advice and thanks in advance!

---

Dear XXXXX
Re: Parking Charge Notice Number VCSXXXXXX (Vehicle: XXXXXX)
Site: Southend Airport
Issue date: 13/08/2019
We refer to your appeal in respect of the above Charge Notice (CN) received on 19/08/2019.
Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our
main reason(s) for this decision are as follows:


The signs at the entrance to the Airport and on the access roads and designated bus stops within the Airport clearly
state "No Stopping", giving clear notice that the land is private property and that a Charge of £100 will be levied if
vehicles do stop. The above detailed vehicle stopped in a designated bus stop where stopping is prohibited and the
driver became liable to pay that Charge.


In your appeal you have confirmed to us that on the date in question, you stopped your vehicle on the access road,
which is an area where stopping is not permitted.


We note your comment that you stopped to ask directions from an Enforcement Officer; however as stated, the signs
near to the location you stopped clearly stated "No Stopping" and warned that if you did so, you were liable for the
Charge displayed.


There are 87 high profile signs advising drivers not to stop and warning that if a driver does stop, a charge of £100 is
payable. The signs exceed recognised industry standards, with some as large as 2m by 1.1m (6ft 6in by 3ft 7in)
which clearly state "No Stopping" alongside the nationally recognised Highway Code symbol for a Clearway (No
Stopping). Furthermore, the signage on the approach road is reflective and positioned to face oncoming vehicles and
the text size used is relative to the average approach speed of a vehicle in relation to the speed limit in force at that
location.


We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to
accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the Charge
will stand; photographic evidence which supports this can be viewed at https://www.myparkingcharge.co.uk.

What you should do next - Either:



1. Pay the Charge Notice (CN): In order to settle the Charge, the payment of £60 to reach us by 25/09/2019 or £100
to reach us by 09/10/2019 must be made. Failure to pay this charge within the stated times, may result in Debt
Recovery Action being taken and further costs up to an additional £60 being incurred. Payments can be made
online at https://www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling
0845 226 9138 by using a valid Credit or Debit Card.
OR:



2. Appeal to the Independent Appeals Services (IAS): If you believe this decision is incorrect, you are entitled to
appeal to the IAS. In order to appeal, the IAS will need the following information (which is also contained in the
subject header of this correspondence).
Notice Serial No: VCSXXXXX Vehicle Registration Mark: XXXXX
Appeals must be submitted to the IAS within 21 days of the date of this correspondence. Please visit https://www.theias.org
for full details on how to submit an appeal online.
It is important you note that if you do make an appeal to the IAS, the reduced charge offered above will no longer
apply. You should also be aware that if a payment is made prior to an appeal being made to, or adjudicated by, the
IAS AND this is accepted as Full and Final settlement against the CN, the appeal will automatically be dismissed and
the matter will be deemed closed. Should you appeal to the IAS and it is unsuccessful, the full amount outstanding
(£100) will become payable within 14 days of the date the IAS decision is notified to you. Failure to pay this sum in
the 14 day period will result in debt recovery costs of £60.00 being added to the outstanding balance.
It is important we also highlight that no further appeals will be accepted at this office; any such appeal must be
made to the IAS.
Please also note that further costs may be incurred should it be necessary for us to subsequently recover any
outstanding charge using further debt recovery and/or court action.

Yours sincerely,

Appeals Administration Team
CENTRAL PROCESSING OFFICE

Coupon-mad

Well this is explained in the NEWBIES thread post #3. Please read it, about IAS.

Come back when you really need us, at court stage, as this is winnable.

IamWood

Thank you @Coupon-mad!

If I understand the NEWBIES thread post #3 correctly, I should NOT appeal this PCN through ISA, even I told them I was the driver in question.

Should I just ignore all threatening emails / letters until LBC is received?

The_Deep

Is this covered by airport bye-laws? If so then, as long as they do not know who was driving, they can do very little. Wrire asking them if they are claiming under contract law or under bye-laws, if the latter, which one. Keep the ball in the air and read a few bye-laws threads on here.

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies

nosferatu1001

The Deep - they do know, thats the issue

DOnt appeal to the IAS. Ever. Its garbage and jsut ensures a rejection.

IamWood

Does it mean I am less likely to succeed in my case as I told them I was the driver?

Am worried now

IamWood

Should I reply to their email with the following wording. Should I bock their future emails with the same autoreply?

Dear Sir / Madam

I dispute your ' parking charge'. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to my MP.


You are no doubt aware that Southend airport is subject to byelaws 1997. This is not and cannot be a civil debt. Should you proceed with a civil case an application will be made to strike it out as the civil court lacks jurisdiction to hear such cases.


Having been warned that such an application will be made I will hold you fully responsible for all and any fees associated with this and apply for all costs due to your unreasonable behaviour.


Yours faithfully

Coupon-mad

Yes and as you've already admitted to driving, add in a sentence that you were acting on the instructions of their ticketer and only stopped to ask him where to park, and such brief stops are allowed under the byelaws anyway:

I simply stopped to ask the traffic warden onsite where the temporary pickup / drop offs is (for 20 seconds?). I was told there is none and I should use the short stay car park, which I did.

The_Deep

IamWood wrote: »

Does it mean I am less likely to succeed in my case as I told them I was the driver?

Am worried now

Perhaps slightly less, but they have to clear other hurdles, not least convince a judge that you deliberately breached a contract. IMO they would crash and burn, especially if you called the parking weasel to give evidence. .

IamWood

Thanks to all! Will keep the forum updated with my progress.

Ian011

IamWood wrote: »

Payments can be made online at https://www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 by using a valid Credit or Debit Card.

The operation of a premium rate 0845 number continues to breach Regulation 41 of the Consumer Contracts Regulations 2013 in force since 13 June 2014.
The omission of the details of the premium rate call charges continues to breach Ofcom regulations in force since 1 July 2015.