We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Help needed VCS no stopping fine

2»

Comments

  • feats
    feats Posts: 12 Forumite
    Part of the Furniture First Post Combo Breaker
    Can someone send me a link to the map of the contract - can’t seem to find it on the threads - thanks
  • Le_Kirk
    Le_Kirk Posts: 25,929 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    feats said:
    Can someone send me a link to the map of the contract - can’t seem to find it on the threads - thanks
    Read again this post 17 September at 4:09PM <<<<< LINK by @Fruitcake where it is explained where the info is.
  • feats
    feats Posts: 12 Forumite
    Part of the Furniture First Post Combo Breaker
    On checking photos and map it looks like offence was within the permitted operating zone.
    Also having looked at Elliot v Locke it seems that this could go either way.
    However am I correct that the local bylaws for the land in question make it impossible for VCS to pursue the registered keeper if they have not established who was driving?
  • MothballsWallet
    MothballsWallet Posts: 15,959 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @feats - wait a minute, Elliot vs Loake is a criminal case, iirc, so it doesn't apply here as parking stuff falls under civil law, or am I wrong?

    We've seen a number of PPCs and their robo-solicitors referring to/using/relying on Elliot vs Loake when it doesn't apply (so much for a solicitor's first duty then).
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You are not wrong, time and time again judges have refused to accept this argument.  There is no such "reasonable assumption",   it will crash and burn.  
    You never know how far you can go until you go too far.
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
     it seems that this could go either way.

    Tha is highly unlikely imo.
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 159,551 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 September 2021 at 1:06PM
    VCS never het a Judge to look at Elliot v Loake!  Why did you look at it? That case has zero application and a parking firm cannot presume who was driving.

    Defending is far from 'trailblazing' you know, its normal and we win.  Think of it as the ultimate 'appeal by phone' with the Judge being an adjudicator who is listening, is not stupid and will see through VCS' case!
    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
  • feats
    feats Posts: 12 Forumite
    Part of the Furniture First Post Combo Breaker
    feats said:
    However am I correct that the local bylaws for the land in question make it impossible for VCS to pursue the registered keeper if they have not established who was driving?
    Particularly interested if anyone can shed any light on this?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 18 September 2021 at 4:58PM
    feats said:
    feats said:
    However am I correct that the local bylaws for the land in question make it impossible for VCS to pursue the registered keeper if they have not established who was driving?
    Particularly interested if anyone can shed any light on this?
    It never stops them from pursuing the registered keeper , not from what we see on here and over on pepipoo

    Pursuit is one thing , capture and overcome is another , many keepers have already been pursued to court , but winning and enforcement , totally different question and topic

    So no , it's not impossible , maybe ill advised , but they carry on regardless , as do Ukppo and others too
  • Coupon-mad
    Coupon-mad Posts: 159,551 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 September 2021 at 4:55PM
    Its unlawful, but in court it would be down to the defendant to take the Judge to the applicable law - schedule 4 of POFA 2012 - and the section 56 POFA guidance. 

    Google 'em and you will understand!
    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
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.6K Banking & Borrowing
  • 254.2K Reduce Debt & Boost Income
  • 455.1K Spending & Discounts
  • 246.7K Work, Benefits & Business
  • 603K Mortgages, Homes & Bills
  • 178.1K Life & Family
  • 260.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture