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John Lennon pcn for stopping
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will it end up with me having to pay court costs on top of the fine and any other costs involved ?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 THREAD0 -
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 .
Thanks0 -
Silence is golden.0
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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 Administration0 -
Ignore it. Harmless rubbish.0
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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.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 Street0 -
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 etc0 -
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
Thanks0 -
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.
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 THREAD0 -
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.
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 Street0
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