Help needed VCS no stopping fine

feats

Can someone send me a link to the map of the contract - can’t seem to find it on the threads - thanks

Le_Kirk

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

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

@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

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.  

D_P_Dance

 it seems that this could go either way.

Tha is highly unlikely imo.

Coupon-mad

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!

feats

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

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

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!