JLA "Stopping" Charge

Router66

Similar to @Fruitcake I am helping with correspondence to VCS on behalf of a family member, regarding an alleged airport stopping offence; though in this case the airport is Liverpool rather than Bristol.

The case has been ongoing since early 2019 and has now reached LBC stage, after batting away 3 firms of Debt Collectors. Details of the case have already been sent to the defendants MP and to the MHCLG in support of the consultation.

The defendant’s employer is the registered keeper of the vehicle and they didn't receive notification of the parking charge until 3 months after the event. If a Notice to Keeper had been sent it would have been logged in the company postal system. The defendants contact details were provided to VCS by the company but VCS continued to pressure the company into paying for a further 3 months. Eventually the defendant was contacted by VCS in the form of a "Demand for Payment". The demand was dated 26/9/2019 but not delivered until 8/10/2019 thereby giving the defendant 2 days to pay. The demand stated that the discount had lapsed and it was not possible to appeal. They also advised that £60 had been added in respect of Debt Collection costs.
The reply to VCS pointed out PoFA 2012 non-compliance and confirmed that the driver will not be named.

Re. the LBC...the plan is to follow advice in C-M post and submit SAR Email to: dataprotection@vehiclecontrol.co.uk to determine what data VCS are holding on the defendant.
Also send Email to: info@vehiclecontrol.co.uk disputing the debt as per Box D in the reply forms and advising debt advice is being sought. Should I post a draft of this on the forum before sending?

Any additional advice much appreciated.

D_P_Dance

Ha he/she complained to their MP?

Le_Kirk

To whom is the LBC addressed?  If it is the company, your family member has nothing to defend.  Did the employer at any time transfer liability to the family member?  Did the family member receive a NTH in their own name?

Redx

No need , all standard stuff , similar to my advice in this thread

https://forums.moneysavingexpert.com/discussion/6298348/letter-before-claim-from-vcs-re-liverpool-airport#latest

And yes , similar to any Bristol or Southend or Doncaster airport VCS cases

Jenni_D

Is the employer the RK, or is it a lease company? (I ask as the PPC may have written first to the lease co., then the employer, and then finally your family member [FM]).

As asked above, how did the employer transfer liability to the driver? Did your FM receive anything other than a Demand For Payment from VCS? What form did this demand take?

D_P_Dance said:

Ha he/she complained to their MP?

Please read the 2nd para of the OP  

D_P_Dance

They also advised that £60 had been added in respect of Debt Collection costs.

They have added what appears to be an extra unlawful amount for debt collection. Judges have  dismissed an entire claim because this,.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Router66

D_P_Dance said:

Ha he/she complained to their MP?

Yes, DPD - as mentioned in 2nd paragraph
Le_Kirk said:

To whom is the LBC addressed?  If it is the company, your family member has nothing to defend.  Did the employer at any time transfer liability to the family member?  Did the family member receive a NTH in their own name?

It is addressed to the family member. The company wrote to VCS to pass on contact details of the FM member, who then dealt direct with VCS as "the keeper". FM did not receive a NTH.
Jenni_D said:

Is the employer the RK, or is it a lease company? (I ask as the PPC may have written first to the lease co., then the employer, and then finally your family member [FM]).

As asked above, how did the employer transfer liability to the driver? Did your FM receive anything other than a Demand For Payment from VCS? What form did this demand take?

D_P_Dance said:

Ha he/she complained to their MP?

Please read the 2nd para of the OP  

The employer is an International company with it's own transport dept. that treats all Private Parking Charges as Penalty charges. Their fleet is all company owned not leased. The company name is on the V5 so no other party involved. The Demand for Payment was followed up by a Final Demand, both of which appeared to be standard VCS templates.

Thanks to all who have taken the trouble to respond; I hope I have covered all the points raised.

Router66

I have just noticed that the LBC states VCS do not accept docs served by Email so will post and obtain proof of posting.
This means that there are only 18 days given to respond. LBC received 4 days after date on the form and the deadline date is a Sunday. I also note an error on the address of service. The address was correct on the two demand letters but DCBL introduced a prefix of "RAOD" in front of the house number. Now VCS are using the same prefix?? I wonder if this is a one off or have others seen the same issue?

Coupon-mad

No, but these firms pass data between them without checking any of it, so clearly VCS have inherited that added acronym, not that it means anything.

You should get VCS to rectify it, just in case it causes your Postie to get confused. You can't risk missing a claim form and the court having a flawed address fir all their orders next year.

Don't use signed-for post.  Just the PO Counter free 'certificate of posting' receipt. Keep it.

Router66

I have just received my SAR response from VCS:
The contents give an insight into how documentation is manipulated in order to strengthen a weak case.

The SAR revealed that a Notice to Keeper had allegedly been sent to the Registered Keeper (RK = my employer); this was not delivered. The first correspondence to the RK is a Final Reminder received 81 days after the alleged contravention. As I am the keeper of the vehicle, my company wrote to VCS and I also E-Mailed, instructing VCS to change the address for service to the new details provided. These documents appeared in the SAR response.

It took VCS seven weeks to update their records and in the meantime sent a Demand for Payment and Final Demand to my employer. The Final Demand was allegedly posted on 30th July but not received until 5th August with a payment deadline of 6th August to avoid County Court proceedings. In the face of Court action many employers would have felt justified in paying the charge, and then recoup through the employees’ salary. Fortunately my employer didn’t.

The next correspondence from VCS was 26th September – VCS issued a Demand for Payment in my name. This was received on 1st October with a payment deadline of 10th October. The SAR reveals that a Notice to Driver had been issued 30 days earlier, but it was not received. This deprived the keeper of a right to appeal or obtain 40% discount for early settlement.

I feel I should write to VCS (copy my MP) with my observations from the SAR response and ask them why a Notice to Driver was raised when the driver’s identity has not been established. Or should I save it for when a court claim is raised?

Coupon-mad

There isn't really such a thing as a postal notice to driver.  Not under POFA anyway.  Can you show it here (minus your details)?