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John Lennon pcn for stopping

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  • Coupon-mad
    Coupon-mad Posts: 152,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    will it end up with me having to pay court costs on top of the fine and any other costs involved ?
    Nope, as Redx says, no huge costs are in play.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi All
    Got my first letter in the post the other day , seems they have gone from emailing me to sending actual letters out now . The letter was basically a perfect copy of the email they sent earlier asking for drivers details etc.
    Do I just completely ignore this letter or do I send it back to them with no comment or details unknown wrote on it . Any help would be appreciated .
    Thanks
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Silence is golden.
  • Hi All

    Got this letter sent via email today in regards to the stopping charge that you have all been helping me with , got to admit I find this rather scary as this is all far to technical for my tiny brain to understand.

    I know from reading up on other cases that people have said these letters are designed to scare people into giving in and paying the money but I have to admit I'm finding this quite daunting now .

    Do I continue to stand my ground and ignore these letters and wait for the bailiff letters or do these cowboys actually have a case against me ?

    Any advice would be greatly received.
    Thanks

    Site: Liverpool John Lennon Airport Post Code: L24 1YD
    Contravention Date: 17/09/2019
    We refer to your appeal in respect of the above Charge Notice (CN) received on 23/11/2019.
    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:
    We note that you have failed to name the driver of your vehicle at the time of the incident in question. It is important
    that we make you aware that in this case we may pursue you as the registered keeper of the vehicle for the
    outstanding Charge, as per Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) .
    The notice sent to you clearly states: Please be warned: that if, after the period of 28 days beginning with the day
    after the Issue Date of this Notice, the amount of the unpaid Parking Charge specified in this Notice has not been
    paid in full and we do not know both the name of the driver and a current address for service for the driver, we will
    have the right to recover from the registered keeper, any unpaid balance of the Parking Charge. This Notice will be
    deemed to have been received by you on the second working day after the Issue Date stated above unless the
    contrary is proved.
    A review of our CCTV evidence has confirmed that on the date in question, your vehicle stopped to collect a
    passenger on the access road where restrictions apply.
    We note your comment concerning the use of byelaws at the Airport; as already stated the signs at the entrance to
    the airport clearly identify the roads as private property. Byelaws are not currently in use as the last set of byelaws
    published relate to the old airport site and are now regarded as obsolete by the Airport Company.
    As members of the International Parking Community's (IPC) Accredited Operator Scheme, it is necessary for us to
    evidence to the IPC that we have relevant authority to undertake parking management at the site concerned and that
    our signs at that location are compliant in setting out the relevant terms and conditions of use. We will only answer
    pertinent points at this stage.
    We are contracted by the landowner to manage and enforce parking on their private land on their behalf. This site
    has been audited by the International Parking Community (IPC) and a copy of our authority has been provided to
    them as part of that audit process. However, whilst we maintain that we do, in fact, have the authority of the
    landowner to operate upon this site (being the principal in the contract); the existence of this document has no legal
    bearing on the contract formed with the motorist. (See Vehicle Control Services v HMRC [2013] EWCA Civ 186, para
    22 per Lewison LJ).
    Furthermore, as this is a commercially sensitive document and is irrelevant to the issues at hand, it will not be
    provided at this stage. However a copy of the contract/authority is available to an Adjudicator, should an appeal be
    made to the Independent Appeals Service (IAS) and if necessary, we will also provide a copy of the contract should a
    judge request it in court.
    Vehicle Control Services is a member of The International Parking Community (IPC) which is an alternative
    Accredited Trade Association to the British Parking Association (BPA).
    The IPC operates its own Code of Practice which as members Vehicle Control Services must adhere to. As such in
    disputed parking appeals motorists may be offered further recourse to the Independent Appeals Service (IAS).
    As Accredited members of the IPC we therefore do not use the services of the BPA or POPLA. The BPA has its own
    Code of Practice and offers
    motorists the opportunity to engage with POPLA (Parking On Private Land Appeals) service.
    Further information in respect of our membership and the appeals process can be found at blah blah blah
    We note your comments in relation to the amount of the Charge Notice; our charges are neither extravagant nor
    unconscionable and as such, are commercially justified and legitimately enforceable. This was supported by the
    Supreme Court's decision in the case of ParkingEye v Beavis ([2015].
    There are more than 70 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 blah blah blah
    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 13/12/2019 or £100
    to reach us by 27/12/2019 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 blah blah blah by following the links for "Pay Now", or over the phone by calling
    0000000000000 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: VCS Vehicle Registration Mark: MA
    Appeals must be submitted to the IAS within 21 days of the date of this correspondence. Please visit blah blah blah
    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
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ignore it. Harmless rubbish.
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Byelaws are not currently in use as the last set of byelaws
    published relate to the old airport site and are now regarded as obsolete by the Airport Company.
    But not by the Department for Transport - the critical player here, not the Airport Company!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Only a judge or magistrate can decide if they have a case against you , no idea why you are asking us , none of us know

    If or when these cases get to civil or magistrates court and we get feedback , so will you

    If you lost in Court ,it may cost your wallet say £100 to £200

    They won't transport you to a penal colony etc

    Bailiffs are only involved if you fail to pay what a judge or magistrate say you owe if you lose , so if you went to court and post , pay up , in full , promptly , to avoid bailiffs etc
  • Hi All
    Quick update on my post. Received a demand for payment from Vehicle Control services the other day which read as follows

    Your account has now been passed to our Dept Management team for recovery of the outstanding charge amount. Any option to pay a reduced amount has now elapsed.

    Dept collection costs of £60 have now been added to the outstanding charge making the total amount now payable £160(this amount takes into account any payments previously received)

    What to do now
    In order to avoid further costs, you should pay the Outstanding balance of £160 no later than the Deadline for action date specified above ( 13-02-2019 )

    How to make payment
    Full details of how you can make payment, along with the methods of payment , are set out on the reverse of this letter.

    What happens if you do not settle the outstanding balance ?
    If the outstanding balance is not fully paid by the deadline date we may commence legal proceedings against you. in the event that County Court proceedings are issued, we will also be seeking recovery of the associated court fees, solicitors costs and statutory interest - the outstanding balance would therefore increase.

    References
    You may wish to reference the case of ParkingEye Limited v Beavis 2015 UKSC 67 in which the Supreme Court held that parking charges serve a legitimate commercial interest and are neither extravagant or unconscionable.

    And that is that , do I just continue to ignore the letter until the next junk mail arrives ? And could someone please put my mind at rest regarding the case they highlighted in the references section , does anyone know why this case ended up in the courts.

    Any info would be greatly appreciated

    Thanks
  • Coupon-mad
    Coupon-mad Posts: 152,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 January 2020 at 5:06PM
    do I just continue to ignore the letter until the next junk mail arrives ?
    Yes, but come back when they sue you because this is when VCS cases are won, at your local court (an exhilarating experience, I promise and no CCJ or high costs risk, nothing bad!). Court is where this scam will be over and you can claim your costs.
    And could someone please put my mind at rest regarding the case they highlighted in the references section , does anyone know why this case ended up in the courts.
    Errrm...errrm....where do I start! Wow!

    It's the Supreme Court (very well publicised on main TV news and all sorts of consumer shows and newspapers in 2015) ParkingEye v Beavis case, as mentioned ON EVERY DEFENCE THREAD and yes, we know all about it and saw it from the early stage.

    It's so well known that you really need to Google it to understand why YOUR case is different from the facts in Beavis.

    Wow (sorry but) we almost never get people who've been here months not know about the Beavis case. As you will be doing a court defence this year with our help, it worries me that you've read nothing, and have only asked questions on your little tiny thread, a needle in a huge haystack of straws of information that you missed, thus far.

    Please take this more seriously and take the opportunity to read and learn from the forum while you are at the 'nothing stage' of tedious debt threatograms.

    NO PAYING.

    We know all about the Beavis case an all about how to defend other cases and we have a 99% win rate, since 2017. To see the recent win v VCS, search for:

    another VCS one bites the dust


    As your keywords, first.

    You have a lot to read up on this year. NO PAYING. Not an option.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And that is that , do I just continue to ignore the letter until the next junk mail arrives ? And could someone please put my mind at rest regarding the case they highlighted in the references section , does anyone know why this case ended up in the courts.
    Ignore them unless they issue a formal Letter of Claim or real court papers from the Northampton CCBC. Come back if they do.

    The Beavis case was the biggest private parking case to progress through the court system - but it was never about stopping and it was never about an airport. Why not Google it and read what it tells you - surely you don't take at face value what a parking firm trying extort money tells you?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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