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PCN appeal help

Hi everyone,

Im about to lodge an appeal for a PCN I reveived at Southend Airport. Contravention Reason is 46) Stopping in a zone where stpping in prohibited.

Let me just explain what happened.

3 pictures attached on the PCN, all 3 showing another car stopped infront of me, brake lights and tail lights on. So I also stopped behind this other car as I was directly behind them, and waited for them.. There was a pedestrian crossing ahead,for the entrance to terminal, and I naturally assumed the car infront must be stopping for someone to cross . This happened 5.30am last Saturday, and it was a dark, and wet morning, visibility was poor.

The only thing is, I let my friend, who I was dropping off, jump off the car while I was waiting behind the other car, and they have a shot of my friend getting off also on the 2nd picture, and 3rd picture me still waiting behind the other car .

All the 3 pics have time stamps, which show 5.30:38, 5.30:42, 5.30:44, which means all this was a 6sec waiting, before the other car moved and I moved too

My question is, do I have fighting chance. I feel I do,because I didn't JUST stop. I stopped because the car infront stopped just before a pedestrian crossing. I feel like, if I was the only car there, then fair enough. But I stopped cos of the other car, and the fact that they may have been a pedestrian crossing that I couldn't see myself.

I just would like you help, to hear if you feel I have a valid reason to appeal, And just any advice on how to word things so I don't dig my own grave, as I have never appealed a PCN before. I just always pay as I know when I'm in the wrong. But this time I feel I should appeal, as I had not deliberately stopped in a no stopping zone.

thank you in advance

thank you all

Replies

  • RedxRedx Forumite
    37.7K Posts
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
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    Just read all the other airport cases like LJLA and RHA etc which are also VCS , also reading bylaws which cover airports , a complicated topic , which may not help you with what you think is fair or not

    There is no easy get out so stop looking for one

    VCS will reject any appeal regardless , so just appeal once with the blue text template from the newbies thread as keeper , no changes , no additions , no blabbing about who did what

    Then read the UKPPO threads about court cases for Newcastle airport , because it covers both bylaws and non bylaws of a similar nature

    Bear in mind these cases can go to civil court within 6 years , but as bylaws apply it could be said that the airport should take you to magistrates Court within 6 months , like if you were caught speeding or similar

    Which is the conundrum in these airport cases

    Complicated ?? Definitely , but no easy answers and a difficult topic for people to understand , especially newbies like yourself

    The UKPPO threads are the best source of info at the moment , please read them
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • The_DeepThe_Deep Forumite
    16.8K Posts
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    If this went to court, from what you have told us they are likely to crash and burn.

    [FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

    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 [/FONT]
    You never know how far you can go until you go too far.
  • Coupon-madCoupon-mad
    101.8K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    The_Deep wrote: »
    If this went to court, from what you have told us they are likely to crash and burn.
    Read VCS v Ward* and you realise they won't. Mr Ward stopped for under ten seconds and won his case but VCS took it to appeal and talked a clueless Judge into one of the worst appeal decisions I've read since Barry Beavis' stitch up.

    A weak defence would be stomped all over by the VCS v Ward case.

    However, this has all been discussed before and strong defences written regarding Airport VCS cases, citing Jopson and Ransomes, and I suggest the OP needs to search the forum for those words to read those threads.

    Is this VCS?


    *if anyone reading this has that transcript (VCS v WARD) in their VCS evidence pack please link it as we need to read it again and the original link I read to the transcript of the Appeal decision is no longer working.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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