JLA "Stopping" Charge

Le_Kirk

Just a thought; if this is a "stopping" issue rather than a parking issue, how can a Notice to Driver be given?  VCS do not know who the driver is/was and the only postal PCN could have been to the RK after requesting this info from DVLA.

Router66

Thanks for comments Le_Kirk; yes, it is a stopping issue and a NtD was not given, it was invented 5 months after the alleged stopping event and stated that the driver had been named by the RK. The RK is actually the defendants employer and they provided the defendant's details as the correct Address for Service.  The driver was only identified 2+ years later after court proceeding were initiated.

Router66

Just heard that the case has been transferred from Crewe to Stockport...Is there any intel on whether the Stockport court is  sympathetic to the victims of PPC's?

Umkomaas

Crewe County Court doesn't ring any bell with me (can't readily recall cases there), but certainly Stockport does. The Manchester circuit has become a bit of a graveyard for PPCs, but unfortunately that's not a nailed-on certainty for anybody. The Defendant's case - Defence, WS and evidence - has to be better than that of the Claimant.

Router66

Thanks for the feedback Umkomaas; I am aware that Excel have made a few appearances in the Stockport court and may therefore be comfortable with the set up. Fingers crossed for a fair judge...Are you or Jenni_D  able to add anything to my post of 13th April 9:11am? 

Umkomaas

A NtD is one stuck to a windscreen or handed to the driver at the time of the parking event. A notification via post is a NtK (or NtH). 

Fruitcake

With regards to a NTD, the PoFA Schedule 4 says: -

7

(1)A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

...

(4)The notice must be given—

(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and

(b)while the vehicle is stationary,

by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.

Anything sent by post is not a NTD.

Router66

Thanks for the PoFA 2012 definition @Fruitcake...The IPC Code of Practice also makes it clear that the Operator must follow PoFA 2012 legislation when issuing a NtD. Since the DQ stage and armed with details of a 2013 contract between VCS and LJLA, I have been trying to convince LJLA to instruct VCS to discontinue their claim by way of a complaint to LJLA regarding the actions of their agent, VCS.
LJLA have ignored the evidence supporting my claim and state that they are fully supportive of VCS and their procedures. “Any further correspondence will not be responded to.”

So it appears LJLA are happy for VCS procedures to enforce “no stopping under any circumstances” even when it is to avoid an accident?
My complaint covered other points such as no landowner authority, no contract formed by signage...I also pointed out that the driver has not received a compliant PCN and the VCS response to the SAR backs this up, unless it can be argued that a “Demand for Payment” is a Parking Charge Notice” ?
Since it has been 2 years 9 months since VCS were notified of the correct Address for Service, I presume it is now too late for VCS to issue a NtH, which would have been the appropriate notice to serve?

Umkomaas

The IPC Code of Practice also makes it clear that the Operator must follow PoFA 2012 legislation when issuing a NtD

Can you copy the relevant paragraph from the CoP here please, because I don't recognise it. 

Router66

@Umkomaas, this is from V7 which is the version in force at the time of the alleged infringement. 

2. Notice to Driver (Non-ANPR cases) Schedule 4 to the Protection of Freedoms Act 2012 prescribes the steps you must follow to pursue the registered keeper of a vehicle for an unpaid parking charge. You should fully appraise yourself and those within your organisation with the Act and the processes therein to make sure that you are compliant with the legislation. Below is a short summary of the requirements. However, it is you that has the responsibility for ensuring compliance with the Act. 2.1 The Notice to the Driver must; (a) Be in writing. (b) Either be affixed to the vehicle or given to a person who appears to the Operator to have control of that vehicle. (c) Specify the vehicle and the land on which it was parked. (d) Identify the period of parking to which the charge relates and the circumstances by which the charge became payable. (e) Describe the means by which the contract was brought to the attention of the driver. (f) Explain that the charges have not been paid in full and are the liability of the driver. (g) Explain that if the full amount of the charge is not paid within 28 days an application will be made to DVLA for the keeper’s details to enable the charge to be enforced. (h) Identify the creditor and explain how and to whom the payment should be made. (i) Inform the driver of any discount offered for prompt payment of the charge. (j) Inform the driver of the period in which they may appeal to the Operator identify the process and advise the driver that once this process is exhausted, the driver can appeal to the Independent Appeals Service for a review of the decision.