Help needed, Charge Notice received from East Midlands Airport

LDast

There is no point rambling on about non compliance with POFA. They are not relying on PoFA and would just say so in their rejection. They cannot rely on PoFA because it is not relevant land. End of.

You are dealing with a particularly vexatious and nasty bunch of ex-clamper thugs and no appeal to them whatsoever, will be accepted. Guaranteed. Neither will you successful get an appeal through the kangaroo court that is the IAS.

If you feel you need to appeal then simply say the following:

I am the registered keeper. VCS cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, VCS will be well aware that they cannot use the PoFA provisions because East Midlands Airport is not 'relevant land'.

If East Midlands Airport wanted to hold owners or keepers liable under Airport Byelaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because VCS is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for VCS's own profit (as opposed to a byelaws penalty that goes to the public purse) and VCS has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NTK can only hold the driver liable. As the keeper, I suggest that VCS save us both a complete waste of time and cancel the PCN.

The only way this will end is when a claim is issued and they either discontinue because they know that if it ever got in front of a judge they'd be spanked or else, the intellectually malnourished eejits actually let it go before a judge as they are weird like that and enjoy the spanking.

In reality, they will press this all the way to court, as is their modus operandi, in the hope that you are low-hanging fruit on the gullible tree and will poop your pants and capitulate before they give up or get spanked in court.

Sunny98

This is great, thanks I will use the above. 

Sunny98

This is what I'll submit,  does this sound ok?

I dispute your ‘charge notice', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client East Midlands Airport

There will be no admissions as to who was driving and no assumptions can be drawn. Since your CN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images and video of the vehicle.

The images provided do not show the vehicle had stopped in a prohibited stopping zone. Please provide images and a video clearly showing the vehicle stopping in a prohibited stopping zone along with signage.

 

I kindly ask that this charge notice is cancelled, otherwise I request the information stated above.

Grizebeck

Come back to us when you get the court claim...

Sunny98

From the feedback you've all kindly given it sounds like it is very likely to go to court. Based on the information I've provided how likely am I to win in court?


Thanks

stop_this_nonsense

LDast said:

There is no point rambling on about non compliance with POFA. They are not relying on PoFA and would just say so in their rejection. They cannot rely on PoFA because it is not relevant land. End of.

You are dealing with a particularly vexatious and nasty bunch of ex-clamper thugs and no appeal to them whatsoever, will be accepted. Guaranteed. Neither will you successful get an appeal through the kangaroo court that is the IAS.

If you feel you need to appeal then simply say the following:

I am the registered keeper. VCS cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, VCS will be well aware that they cannot use the PoFA provisions because East Midlands Airport is not 'relevant land'.

If East Midlands Airport wanted to hold owners or keepers liable under Airport Byelaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because VCS is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for VCS's own profit (as opposed to a byelaws penalty that goes to the public purse) and VCS has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NTK can only hold the driver liable. As the keeper, I suggest that VCS save us both a complete waste of time and cancel the PCN.

The only way this will end is when a claim is issued and they either discontinue because they know that if it ever got in front of a judge they'd be spanked or else, the intellectually malnourished eejits actually let it go before a judge as they are weird like that and enjoy the spanking.

In reality, they will press this all the way to court, as is their modus operandi, in the hope that you are low-hanging fruit on the gullible tree and will poop your pants and capitulate before they give up or get spanked in court.

Currently in the same boat with the same bunch or morons. Same circumstances. Just listen to the great advice you will get here and follow it. Unfortunately, you are very likely (almost certainly with this bunch of idiots) to receive a court claim but there is no risk to you or your credit rating. You will almost certainly win.

This scam industry is premised on feeble excuses to obtain your personal data and then scare you into paying a fake invoice. It's a scam, facilitated by a greedy DVLA business model, an Information Commissioner's Office that lacks sharp enough teeth and a spineless DLUHC govt dept. One of the reasons the court system is suffering so badly is because of these leeches. You pay and you lose your hard earned cash and the owners of these so-called businesses get richer.

Let's both do our bit for King and country and willingly throw our bodies into the the cogs of this machine :-)

P.S. Don't 'kindly ask' them to do anything, they are not doing you a favour.

Gr1pr

Court is a lottery, it varies around the country, its typically known as judge Bingo, in Manchester you might win , in Cardiff you probably won't win , who knows?

If I could predict the chances in court I would have predicted the score last Saturday, as predicted by Rooney, and put all my savings on red 

On the other hand, Mystic Meg is no longer with us 

stop_this_nonsense

Gr1pr said:

Court is a lottery, it varies around the country, its typically known as judge Bingo, in Manchester you might win , in Cardiff you probably won't win , who knows?

If I could predict the chances in court I would have predicted the score last Saturday, as predicted by Rooney, and put all my savings on red 

On the other hand, Mystic Meg is no longer with us 

... but as @Coupon-mad will tell you, even if you lose (still unlikely) you will not pay the amount they are claiming.

Gr1pr

Depends on who the claimant is, usually because most add on spurious excessive charges like debt collectors fees or legal fees that were never incurred , that get thrown out by a judge if the defendant defends properly, so in this case, yes, because its VCS or Elms legal on their behalf, but a few parking companies just play a straight bat for claims of £200 or less , not the foolish claims of £250 to £300 we tend to see from companies like VCS 

But its irrelevant or academic if the defendant actually wins, or if the claimant discontinues , or if the claim is flawed and thrown out early doors , or if it never sees a court claim 

Coupon-mad

The NEWBIES thread already tells you in post 2 that 99% of people here win.  No concerns.