Help with a unique situation at airport charge notice issued.

dn852k4

A charge has been issued for "STOPPING IN A ZONE WHERE STOPPING IS PROHIBITED" 

The private hire driver was dropping off passengers at an airport. The private hire operator had inputted that the customer wanted to be dropped off at the free drop off point a 5 minute walk away to the terminal building.

Upon arriving at the drop off point the customer advised they did not request this drop off point and were happy to be dropped (extra £5 cost to customer) off at the car park near the terminal building.

The driver exited the free drop off point when suddenly the customer demanded the driver to stop the car to let them out as they were bursting for the toilet. The driver let them out and carried on driving then performed a u turn to pick them up again. Then on to the paid car park near the terminal building where the customer departed.

What would you advise in these circumstances?  Surely the driver would not be expected to refuse a customers request of stopping the car in an emergency situation of needing the toilet? 

LDast

Which airport and which PPC?

So as you understand... airports and railway stations are on land under statutory control, ie. bylaws. Due to that fact, the PPC cannot transfer liability from the unknown driver to the known keeper, you. The unknown driver will remain unknown unless the known keeper blabs the identity of the driver to the PPC, inadvertently or otherwise.

So, is the driver still unknown? If so, how do you think that the PPC is going to identify the unknown driver as only the driver can be liable for any alleged breach of contract?

The known keeper is under no legal obligation to identify the unknown driver and the PPC is not allowed to assume or infer that the known keeper was also the unknown driver. The burden of proof is on the PPC to prove that the person they sent the PCN to is the person that is liable for any alleged breach of contract.

dn852k4

Liverpool John Lennon and VCS.
The driver is unknown. Could VCS use a private vehicle licence number ( on rear of vehicle) to try and identify a driver? 

Fruitcake

There is nothing unique about a vehicle keeper receiving a parking charge notice for stopping at an airport. This forum is littered with them.

Plan A is always a complaint from the keeper to the landowner.
Plan B is an appeal to the PPC as per the blue template in the sticky Announcement for NEWBIES, sent unaltered from the keeper save for the following additions: -

Stopping is not parking
Not relevant land, airport byelaws apply, no keeper liability. 

Grizebeck

Why is it unique 

Fruitcake

dn852k4 said:

Liverpool John Lennon and VCS.
The driver is unknown. Could VCS use a private vehicle licence number ( on rear of vehicle) to try and identify a driver? 

Yes, they can try, but they will fail unless someone is stupid enough to tell VCS the driver's identity.

Gr1pr

The JLA VCS scam has been going on for over a decade, infamous on this forum and others, in some cases long before the other airports , definitely not unique, regardless of the reasons behind it happening 

LDast

dn852k4 said:

Liverpool John Lennon and VCS.
The driver is unknown. Could VCS use a private vehicle licence number ( on rear of vehicle) to try and identify a driver? 

If you were to give me permission to drive your vehicle using my own insurance policy that gives me third party liability insurance if I drive someone else's vehicle with their permission, would it be possible that I could have been the driver? Could anyone else with third party insurance drive your vehicle? Can anyone else in your family circle drive your vehicle?

Even if VCS had a close up, hi res image of the drivers face, how do you think they could identify that person? How would you identify a random person in the street simply from a photograph? Do you think there is some sort of magical database they can insert the picture into and out will spew all the personal details that person?

Of course there isn't. Stop overthinking this. VCS do not know the identity of the driver. They are hoping that you, the keeper will either tell them who was driving, inadvertently or otherwise. You are dealing with scum of the earth, bottom dwelling ex-clampers who are out to scam you.

Is VCS any kind of authority that has powers to oblige a third part to reveal personal details other than a single request to the DVLA for keeper data under probable cause? No they aren't. They are an unregulated private parking company that have sent the known keeper a speculative invoice for an alleged breach of contract.

VCS are simply ex-clamper thugs who are hoping that you are low-hanging fruit on the gullible tree who will not know your rights and simply poop your pants and eventually pay into their scam as they ramp up pressure. Anyone who has discovered this forum should no longer be considered gullible.

From personal knowledge, there is no point in Plan A as the owners of LJA will not help. You can appeal for Plan B with 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 Liverpool John Lennon Airport is not 'relevant land'.

If Liverpool John Lennon 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. VCS have no hope at IAS, so you are urged to save us both a complete waste of time and cancel the PCN.

dn852k4

Thanks have sent off the appeal. Will update with their response. 

Coupon-mad

dn852k4 said:

Thanks have sent off the appeal. Will update with their response. 

But we know cases are not won on appeal.  We all know VCS' template rejection letter.

Don't even try IAS. See the 3rd & 4th posts of the NEWBIES thread. After pointless 'appeal' (which is nothing of the sort) your next stage = ignore unless they try court.

Hoenir

Grizebeck said:

Why is it unique 

A fairy tale no one has dreamt up before. Get better and better by the week.