Help with a unique situation at airport charge notice issued.

Coupon-mad

Hoenir said:

Grizebeck said:

Why is it unique 

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

What do you mean?

dn852k4

Received this reply from them :

We refer to correspondence received from you concerning the above numbered Charge Notice Please note that responsibility for this Charge lies with the driver of the vehicle at the time the parking contravention was observed. However, it appears from what you have stated in your appeal that you were not the driver on the date In order for us to process your appeal correctly, please follow the instructions below: 1. Notify the driver of the vehicle that they will need to appeal to us directiy, including their FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE HOME ADDRESS within 14 days. 2. If you are representing the driver we require a signed and dated statement from the driver of the vehicle confirming that you are authorised to appeal on hisher behalf, this needs to be an original signature and not a photocopy or a stamp. The statement MUST Contain the drivers FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE HOME ADDRESS. Please ensure that correspondence is submitted through the portal www.myparkingcharge.co.uk in order to correctly adhere with the appeals process.

OR 3. Pay the PCN. Payments can be made online at www.myparkingcharge.co.uk by following the links for "Pay Now' or over the phone by calling 0845 226 9138 and using a valid Credit or Debit Card to make payment It is your responsibility to ensure that payment is received within our office by the date specified. As a gesture of goodwill we have placed the charge on hold for an additional period of 14 Days to enable one of the above actions to be complied with.

Best to ignore? 

KeithP

dn852k4 said:

Best to ignore? 

Yes.           

dn852k4

Has there been many victories against these at John lennon airport? Has anyone had a ccj against them?

Gr1pr

dn852k4 said:

Has there been many victories against these at John lennon airport? Has anyone had a ccj against them?

No official records are kept regarding your questions, but I would think that there have been many victories, but there have probably been failures or default CCJs too

Coupon-mad

dn852k4 said:

Has there been many victories against these at John lennon airport? Has anyone had a ccj against them?

I think you are asking the wrong questions and that you don't mean 'CCJ' because we never put anyone at that risk.

I think you are asking have there been court claims? Yes of course, because that's what VCS do. No biggie.

Obviously we've won loads of cases (thousands) over the years against them and nobody here has got a CCJ by defending a court claim. Not even if they lost. And I can recall none lost.

LDast

OP, is the driver identified? Only the driver is liable. If you are the keeper and have not identified the driver as you are not legally obliged to do so, then you cannot be liable and that is your prime defence.

dn852k4

LDast said:

OP, is the driver identified? Only the driver is liable. If you are the keeper and have not identified the driver as you are not legally obliged to do so, then you cannot be liable and that is your prime defence.

No, driver not identified. Ignore all letters until they try and take me to court is best course of action? 

Fruitcake

dn852k4 said:

LDast said:

OP, is the driver identified? Only the driver is liable. If you are the keeper and have not identified the driver as you are not legally obliged to do so, then you cannot be liable and that is your prime defence.

No, driver not identified. Ignore all letters until they try and take me to court is best course of action? 

As already advised by KeithP and Coupon-mad, yes.

dn852k4

Another email received.

We refer to your appeal in respect of the above Charge Notice (CN) received on XX/07/2024. Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our main reason(s) for this decision are as follows: The signs at the entrance to the Liverpool John Lennon Airport and the access roads within, clearly state "No Stopping', giving clear notice that the land is private property and that a Charge of £100 will be levied if vehicles do stop. The above detailed vehicle stopped in a zone where stopping is prohibited and the driver became liable to pay that Charge. In your appeal [you state you were not the driver] [it i when your vehicle was seen to be stopped on the access road. It is important we highlight that we will continue to pursue this matter on the reasonable assumption that you were the driver of the vehicle on the date in question until information/evidence to the contrary is provided. A review of our CCTV evidence has confirmed that on the date in question, your vehicle stopped to collect a passenger on the access road where restrictions apply There are more than 70 high profile signs advising drivers not to stop and warning that if a driver does stop, a charge of £100 is payable. The signs exceed recognised industry standards, with some as large as 2m by 1.1m (6ft 6in by 3ft 7in) which clearly state "No Stopping" alongside the nationally recognised Highway Code symbol for a Clearway (No Stopping). Furthermore, the signage on the approach road is reflective and positioned to face oncoming vehicles and the text size used is relative to the average approach speed of a vehicle in relation to the speed limit in force at that location. We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the Charge will stand; photographic evidence which supports this can be viewed at www.myparkingcharge.co.uk. What you should do next Either:

1. Pay the Charge Notice (CN): In order to settle the Charge, the payment of £60 to reach us by 15,08/2024 or £100 to reach us by 29,/08/2024 must be made. Failure to pay this charge within the stated times, may result in Debt Recovery Action being taken and further costs up to an additional £70 being incurred. Payments can be made online at www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 by using a valid Credit or Debit Card.

OR: 2. Appeal to the Independent Appeals Services (IAS): Ifyou believe this decision is incorrect, you are entitled to appeal to the IAS. In order to appeal, the IAS will need the following information (which is also contained in the subject header of this correspondence). Notice Serial No: XXXXX Appeals must be submitted to the lAS within 21 days of the date of this correspondence. Please visit www.theias.org for full details on how to submit an appeal online. It is important you note that if you do make an appeal to the IAS, the reduced charge offered above will no longer apply. You should also be aware that if a payment is made prior to an appeal being made to, or adjudicated by, the IAS AND this is accepted as Full and Final settlement against the CN, the appeal will automatically be dismissed and the matter will be deemed closed. Should you appeal to the IAS and it is unsuccessful, the full amount outstanding (£100.00) will become payable within 14 days of the date the lAS decision is notified to you. Failure to pay this sum in the 14 day period will result in debt recovery costs of up to £70.00 being added to the outstanding balance. It is important we also highlight that no further appeals will be accepted at this office; any such appeal must be made to the IAS. Please also note that further costs may be incurred should it be necessary for us to subsequently recover any outstanding charge using further debt recovery and/or court action.