Advice needed- LBC from VCS

bluek12

I have received a letter before claim from VCS regarding a PCN I received in August of this year for not displaying a valid ticket. In actual fact a ticket had been displayed it's just that I received this ticket from someone else who was leaving the car park.

I appealed to IAS but this was rejected (as expected). The signage which they took a photo of makes no mention of getting tickets from others as being in contradiction to their T&Cs.

I've been looking at the appeals to LBCs being written from the registered keeper of the vehicle; however the car is not in my name, so I have a few questions:
- Can I appeal as myself i.e. not the registered keeper (the LBC is in my dad's name and don't think its fair him potentially having to go to court/ get CCJs etc.)
-Is the fact that accepting tickets from other people isn't mentioned on their signs a good enough basis to appeal on?
-Their reason for rejection initially was that their parking inspector saw me receive the ticket from another customer, would it be sensible to suggest they couldn't actually prove this?

Any advice greatly appreciated

Redx

no , but he can and should name you as driver if he wants to avoid court

then you can deal with it once its in your own name, until then its nothing to do with you

signage is the all important issue here, a judge will answer your question

not necessarily, they could state that the driver failed to purchase a ticket from the pdt machine, then state that it was a contractual failure

Umkomaas

The fact you used someone else's ticket (and not pay for your parking) is just one of the reasons cameras are being installed to close down this loophole. Everything is being closed down to prevent motorists exploiting such loopholes.

Every £1 'saved' in bilking risks a £100 penalty. Comply with the signage and not only do you avoid a stinging penalty, but you push the PPC one step nearer to bankruptcy.

bluek12

Thank you, so does he have to submit an appeal or can he simply inform them that I was the driver?

Redx

the latter , too late for any appeals , he must follow POFA to avoid liability

bluek12

Umkomaas wrote: »

The fact you used someone else's ticket (and not pay for your parking) is just one of the reasons cameras are being installed to close down this loophole. Everything is being closed down to prevent motorists exploiting such loopholes.

Every £1 'saved' in bilking risks a £100 penalty. Comply with the signage and not only do you avoid a stinging penalty, but you push the PPC one step nearer to bankruptcy.

But that it part of my point, it wasn't anywhere on the signage that accepting tickets from others is against their terms and conditions.

The_Deep

The signage which they took a photo of makes no mention of getting tickets from others as being in contradiction to their T&Cs.

Then they might struggle in court as a judge may consider that you have not broken any contractual terms.

Umkomaas

bluek12 wrote: »

But that it part of my point, it wasn't anywhere on the signage that accepting tickets from others is against their terms and conditions.

Ultimately it's for a Judge to determine. I think you'll need to make a very well articulated argument. You need a good fallback position up your sleeve if you're wanting to use an alternative to condone not paying to park.

The PPC offers the licence to park (on behalf of the landowner), not a random 'Samaritan' offering his ticket to you as the option to avoid paying the landowner his price to park on his land.

Look for stronger arguments.

bluek12

Umkomaas wrote: »

Ultimately it's for a Judge to determine. I think you'll need to make a very well articulated argument. You need a good fallback position up your sleeve if you're wanting to use an alternative to condone not paying to park.

The PPC offers the licence to park (on behalf of the landowner), not a random 'Samaritan' offering his ticket to you as the option to avoid paying the landowner his price to park on his land.

Look for stronger arguments.

Thanks for your advice, I've decided just to pay the fine rather than court etc.

beamerguy

bluek12 wrote: »

Thanks for your advice, I've decided just to pay the fine rather than court etc.

That's a shame, every penny given to them goes towards more scamming and more misery, but if that's what you want ?

Coupon-mad

No-one said paying was an option.