Notification of Instruction - ELMS Legal

rikj11

Hello,

Newbie here trying to navigate my way through this minefield of parking charges!

I have read all 'newbies read this' page and think I have done everything I can before starting my own discussion, anyway apologies if I haven't and thanks in advance for any advice.

Right, to the matter at hand...

This matter relates to stopping in a no stopping zone at JLA, VCS issued the charge, I appealed to them and subsequently to IAS ( before looking at this site). I then ignored all letters up to the LBA after which I sent a letter to VCS asking for all the information as per PD ( which seems to have deleted para. 2 and annex A) I have now received a Notification of Instruction from ELMS and can't seem to find any advice on where to go from here.

Thanks

rikj11

Also, should include that the incident happened in late November 2018 and initial contact (by letter in post) came from VCS in mid January 2019, which, as far as I can make out, is later than the deadline for receiving PCN by post

KeithP

VCS have up to six months following a parking event to ask for the vehicle's keeper details from the DVLA.

Their trade association allows them another month to get a Notice to Keeper to the keeper.

Only if they want to use the facilities of the Protection of Freedoms Act to transfer any driver's liability to the keeper does the NtK need to be sent much earlier than that.

As JLA is 'not relevant land' as far as PoFA is concerned, there is not way to transfer the driver's liability to the keeper, so it's just the 6 or 7 month limits they have to keep to.

rikj11

POFA '12 is legislation though how can they choose not to use legislation, as far as I read from the schedule, they would be considered relevant land as they are neither maintained by public expense or are a traffic authority. Also, if they are part of a statutory provision then how can we defend one of their charges?

Is it a case of, whilst dealing with Joe blogs, they don't make use of POFA or will POFA be no defence in court either?

KeithP

rikj11 said:

POFA '12 is legislation though how can they choose not to use legislation...

They can, for example, decide that they are going to pursue the driver for the alleged transgression.
Of course that means that they either know who the driver is or ask the court to determine, on the balance of probabilities, that the Defendant is the driver.

If they do that, they have no need at all to use the facilities of PoFA to transfer any driver liability to the keeper.

Coupon-mad

You defend same as all the other VCS Airport no stopping cases.  Plenty of scope to defend these.

I'd search and read at least a dozen threads like yours (any Airport).

rikj11

Right, thank you both for the information.

I'll read through the similar airport posts again

D_P_Dance

HYave you complained to your MP?

rikj11

Not yet, am in the process now.

rikj11

After reading through some more VCS threads, I am slightly more concerned than I was.

It seems that on other threads the OP is not admitting to being the driver, unfortunately I have already admitted this in the appeals process

Coupon-mad

You are more concerned after reading VCS Airport threads, even though everyone wins or sees their case discontinued?