PCN for Stopping at Zebra Crossing

adamhd

I received a PCN (NTK) from Vehicle Control Services Ltd for "Stopping in a Zone where Stopping is Prohibited". The ridiculous thing is that I was clearly stopped at at Zebra Crossing and in the photos provided as "evidence" you can clearly a pedestrian walking across in front of my vehicle. The caveat is that my passenger decided to get out of the car while I was waiting for the person to cross and this has obviously baited the CCTV operator (there was a mobile van at the top of the road) to issue a ticket. I have already appealed to to VCS using a butchered version of the template in the NEWBIE thread as well as adding that the vehicle was clearly stopped at a Zebra Crossing and that "Failing to stop and give way at a Zebra Crossing is a traffic violation and could lead to penalty points on the drivers licence and a fine.". I did not admit to being the driver. I have now received their response, rejecting my appeal and stating:

"A review of the CCTV evidence has confirmed that on the date in question, your vehicle stopped to drop off a passenger on the access road where restrictions apply."

Should I bother appealing to the IAS? From what I've read this is almost certainly going to be a waste of time? I don't see how my passenger exiting the vehicle changes anything?

KeithP

Compare notes with DAKOTA45.

He posted something very similar earlier today:

forums.moneysavingexpert.com/showthread.php?t=6055543

DAKOTA45

Was this at Southend Airport? I tried the IAS and they just sided with the Operator... even said I'd parked on red lines?! My 'stop' was recorded as TWO seconds!
I can't face going to court, but I've done nothing wrong...:(

They have 'Clearway' signs up, but a clearway is a road where you are prohibited from stopping unless in an emergency... just wondered how that applies to a pedestrian crossing? Can you have a crossing on a clearway...?
Looking for a loophole as this is crazy... but to be honest, there are so many signs, it's very confusing... I was looking for the drop off area & couldn't find it...

The_Deep

You do not have too have done anything wrong to be sued for breach of contract by a scammer.

It is not a fine, it is an invoice for damages for thealleged harm you caused them when your passenger alighted. Any case that materialises would be heard in a Civil Court, under contract law, just as a plumber could take you to court if you refused payment because of shoddy work. IMO they would struggle mightily to convince a judge thusly.

If you do not wish to do to court you can hire a solicitor to attend in your stead, ask for the claim to be decided on the paperwork, or pay them what they are asking, (they will probably settle for less).

Nine times out of ten of these tickets are scams, (probably 100% in cases involving bye-laws), 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

Read here about tickets issued on private land covered by bye-laws.

https://www.parkingcowboys.co.uk/byelaws/

DAKOTA45

Thank you....
Not sure I understand the 'contract' bit... I can see how it works for a plumber, but in this case, who is the agreement with and which services have I signed up for? Is it automatically assumed that you agree to a contract on entering private land?

The_Deep

The agreement is with the driver, (and perhaps the keeper), and The PPC. The consideration is the use of the car park. By parking they are deemed to have accepted the T&C of the contract.

DAKOTA45

But I didn't enter any car park... I was slowing down at a pedestrian crossing...

Ralph-y

you have to try and understand that the PPC's don't care .... they just want your money...


they can say or do pretty much want they want as there is no real regulations.



so if a PPC decides to put a sign up saying do not stop ...and... if you do then they will try to invoice you for breaking the contract they they claim you accepted by driving / stooping/parking ..


you refute this ..... but often the only way to defeat them is in court.



Some PPC's can be beaten at landowner appeals ... some at POPLA


all the details are irrelevant till it gets to court.



Ralph:cool:

fisherjim

DAKOTA45 wrote: »

But I didn't enter any car park... I was slowing down at a pedestrian crossing...

You are getting this confusing this is not your thread, you should be keeping this to your original thread not hi-jacking another posters who has yet to confirm where his event happened.

DAKOTA45

fisherjim wrote: »

You are getting this confusing this is not your thread, you should be keeping this to your original thread not hi-jacking another posters who has yet to confirm where his event happened.

Yes... sorry!

DAKOTA45

Would be interesting to hear back from the OP as something not quite right about this... nobody has broken any law by getting out of a car whist it's waiting at a pedestrian crossing...but the drivers are effectively being ambushed then made to pay extortionate fines.