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VCS "No Stopping"
I have appealed as registered keeper through VCS (Denied) and then through IAS (again denied) which was expected, the driver has not been identified and VCS have on their own appeal and IAS appeal confirmed they have disapplied POFA.
the driver of the vehicle performed a turn in a junction which while the cctv van followed the car and proceeded to stop on the junction creating an obstruction where the driver had to remain stationary while traffic overtook the camera van, the stills and the cctv do show this event happening over around 45 seconds.
Below is the paper trail of the correspondence:
initial appeal:
VCS Reply:
Note: The sign in question where the driver performed a turn was in a hedge in front of a motorised entry barrier to a carpark...which requires a driver to stop.
-----------------------------------------
IAS VCS Pack Stage:
Note: I don't understand how a clearly marked junction onto a main road can be subject to a "no stopping" contravention.
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Elms legal LBC Reply:
I acknowledge receipt of your Letter Before regarding an alleged "parking charge" issued by Vehicle Control Services Ltd.
I dispute the alleged debt and require full evidence pursuant to the Pre-Action Protocol for Debt Claims before any further response can be made.
Please note that I am the registered keeper of the vehicle in question. No admission is, or has been, made as to the identity of the driver at the time of the alleged event. Your client has chosen not to rely on the provisions of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), as is evident from the correspondence. As such, there is no lawful basis to pursue me as the keeper for this charge.
In accordance with the Pre-Action Protocol for Debt Claims, please supply the following before any further action is considered:
- A copy of the original Parking Charge Notice (PCN) and all subsequent correspondence.
- A copy of the contract or agreement granting your client the authority to operate and enforce "parking charges" at the site.
- Evidence of your client’s ownership or legal interest in the land.
- Copies of all photographs and CCTV stills relied upon, including the unedited video footage.
- Copies of all signage terms in place at the location at the material time, including a map or plan showing their positions.
- Details of the alleged contravention, including timestamps, location, and any calibration or operational logs from the enforcement vehicle or camera.
- Copies of all correspondence or notices exchanged between your client and myself (or any third party), as required for full transparency.
- A full explanation and legal justification for the £70 charge, including a breakdown of how this figure was calculated and how it reflects either:
· A genuine pre-estimate of loss suffered by the landholder, or
· A legitimate interest in deterrence that is commercially justifiable, in accordance with the Supreme Court judgment in ParkingEye v Beavis [2015] UKSC 67 and the Consumer Rights Act 2015.
This matter is fully disputed. Please confirm that it will be placed on hold for a minimum of 30 days while you comply with this request, as required under the Pre-Action Protocol.
Should your client proceed to issue a claim without first complying with the Protocol and supplying the documents requested, I will draw this failure to the court’s attention and seek recovery of all costs and expenses incurred in defending the matter, including but not limited to court fees, travel expenses, and loss of earnings, pursuant to CPR 27.14(2)(g) for unreasonable behaviour.
Elms reply:
Please find attached as requested. The CCTV is in the below WeTransfer link due to the file size:
The parking charge itself falls within the “£50 to £100” range referenced in ParkingEye v Beavis [2015] (paragraph 111) and complies with the Accredited Trade Association’s Code of Practice. Specifically, Part 8.2.1 of the Private Parking Sector Single Code of Practice, Version 1.1 (17 February 2025), states: “Parking Charges must not exceed £100.” The charge reflects the operational costs of the parking management scheme and serves as a lawful and proportionate deterrent, as confirmed in ParkingEye v Beavis.
Regarding the £70.00 Debt Recovery Fee, Part 9 of the Private Parking Sector Single Code of Practice (2024) expressly allows this, stating: “Where a Parking Charge becomes overdue a sum of up to £70 may be added.”
HHJ Saffman has also clarified that a Parking Operator or its agent may lawfully claim additional contractual charges for late or non-payment of a PCN without this constituting an abuse of process. In Vehicle Control Services Ltd v Percy, VCSL issued a PCN and added a £60 charge after 28 days to cover recovery costs. While the District Judge initially struck out the claim, HHJ Saffman allowed the appeal, confirming that contractual debt recovery fees are lawful when applied in accordance with the terms of the contract.
-------------------------------------------------------Reply to Elms:
Thank you for your email and for providing some of the documents requested.
However, the disclosure provided is not complete and does not satisfy your client's obligations under the Pre-Action Protocol for Debt Claims (PAPDC). As a result, the 30-day period for my formal response has not yet begun.
1. Missing IAS Appeal Evidence
You have not provided the full IAS appeal documentation.
Specifically, you have not supplied:
- The IAS evidence pack submitted by VCS
- My IAS appeal submission (which your client must retain)
- The IAS adjudicator’s full written reasoning
- Any correspondence exchanged between VCS and the IAS
Your client relied on the IAS adjudication to reject my appeal; therefore, the complete IAS file is fundamental evidence and must be disclosed before litigation is considered.
2. Missing CCTV Calibration and Operational Records
you have provided the CCTV footage itself, but none of the technical evidence supporting it, including:
- Camera calibration logs
- Maintenance and fault records
- Operational check logs
- Evidence chain documentation (device ID, timestamp verification, storage process)
- Operator training or competency certification
If your client intends to rely on this footage in court, these documents are required to establish the reliability, accuracy, and admissibility of the evidence.
3. The £70 “Debt Recovery Fee”
The £70 add-on remains unproven and unsupported.
Your email cites various codes and a selective interpretation of Percy, but:
- No evidence has been provided demonstrating that your client actually incurred £70 of third-party costs.
- No evidence has been provided showing this sum was ever agreed to by the motorist.
- You have not provided the relevant contractual clause from the signage allegedly forming the contract.
Courts have repeatedly rejected such invented add-ons, including:
Excel v Wilkinson [2020]
G4S v Davies [2018]
ParkingEye v Somerfield [2012]
Multiple county court decisions calling these fees "double recovery"
Furthermore, the Government’s statutory Code of Practice (currently paused pending review) describes these charges as a harmful practice. They remain highly contentious and far from settled law.
Your legal justification is therefore incomplete without:
1. The exact contractual clause permitting the £70 charge
2. Evidence that VCS actually paid £70 to any debt recovery agent
3. Evidence that such a fee was ever incorporated into a contract with the motorist
Until this evidence is supplied, the £70 charge is disputed.
4. PAP 30-Day Period Has Not Begun
The PAPDC is clear:
The 30-day response window begins only once all requested documents have been supplied.
As you have not provided the IAS documentation or the CCTV calibration/operational evidence:
PAP compliance is still outstanding
The matter must remain on hold
The 30-day period has not commenced
Your internal date of xxxx has no legal effect under the Protocol.
5. Future Conduct
Should your client issue a claim without first fully complying with the Protocol, I will draw this to the court’s attention and seek costs under CPR 27.14(2)(g) for unreasonable behaviour.
Please confirm when the missing IAS documentation and CCTV operational evidence will be provided.
--------------------------------------------------------
Elms Reply:
Please be advised that we are not privy to the Independent Appeals Service (IAS) information; however, I have contacted Vehicle Control Services Limited (our client) and requested that they provide any information which they hold on their systems.
Please note that our client is under no obligation to provide CCTV logs, documentation, or training information. This information remains commercially sensitive and would only be provided by our client should they be ordered to do so by a Judge,
-------------------------------------------------------
Latest Response (registered keeper):
------------------------------------------------------------
Notes:
The original contract with the landowner states only: "Services: the provision of parking and stopping control and enforcement services by the company at the site"
the addendum also supplied:
which states:
Original instructions:
*no stopping
*no pickup
*no drop off
revised instructions:
- no parking on access road at anytime
- no parking at any time
- the addendum is an addition to the existing contract contract - the original plan still stands alongside this one
Query:
VCScant rely on vague wording in the original contract when the addendum is specific? specific terms override generic terms?
basically the contract says VCS is authorised to enforce parking and not stopping?
I can upload images if required but im not sure its actually needed, having "no stopping" signs which require a driver to stop the vehicle to read the terms cant form a contract, and saying a driver cannot stop under any circumstance even if at a junction is completely bonkers, VCS dont seem to make sense in most of their replies
TIA and any advice is much appreciated
Comments
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With this being an airport site, then bye-laws will be in place, have you included that and told them to go and whistle as registered keeper you are under no obligation to provide them with a driver's name or inform them as to who could have been driving.Airport sitebyle-laws in forcenot relevant landSRS can FROFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"1 -
Appellant’s response to our Prima Facie submission.he appellant made their response on xxx.I am appealing as the registered keeper of vehicle xxxx and deny anyliability for this charge. The operator has confirmed they are not relying on POFA2012 Schedule 4, and therefore have no legal basis to pursue me as the keeper.As no evidence has been provided to identify the driver, the charge must becancelled.Furthermore, the video stills provided show the vehicle stationary for a shortperiod - less than 1 minute - during which time a vehicle can be seenovertaking. This suggests the vehicle was momentarily paused due to anobstruction, not parked or stopped in breach of signage. Notably this obstructionappears to be caused by the operators own enforcement vehicle, which waspositioned in such a way that it forced oncoming traffic to overtake andrestricted the appellants ability to continue safely.There is no evidence that the driver chose to stop voluntarily or for anyprohibited purpose such as drop-off or pick-up. The brief pause was the directresult of the operators own vehicle obstructing the road, and its unreasonableand unfair to penalise a driver for being cautious and allowing an overtakingvehicle to pass safely.In addition, the operator has not provided clear evidence that adequate signagewas visible and readable at the point of entry or while in motion. a contractcannot be formed unless the driver is given the opportunity to read andunderstand the terms before a breach is alleged, no such proof has beenpresented.Finally, the operators reliance on Elliot v Loake is irrelevant. That case involvedcriminal proceedings and forensic evidence identifying the driver. In civil parkingmatters, it does not establish any presumption of driver identity and has beenrepeatedly dismissed by POPLA and other adjudicators in similar contexts.In summary, the alleged stop was:- Not voluntary- Caused by the operators own enforcement vehicle obstructing the road- lasted only a brief period- Not supported by clear evidence of a valid contract or visible signage
For these reason the charge must be cancelled.VCS response to the appellant’s response of xxx.The operator made their response on xxx.1. The annotated CCTV stills supplied clearly show that the appellant had plentyof opportunity during the recorded footage.2. CCTV video and images are recorded by mobile enforcement cameras solelyto show vehicles in contravention of the “no stopping” requirement and have nointerest in the occupants, drivers or passengers of any vehicle using the privateaccess roads. All operational CCTV vehicles are marked clearly with ANPRcompany livery which fully identifies the company. The operators of thesevehicles are employed solely to record CCTV images of vehicles which stop orpark on the private access roads where signs state: “No Stopping”; they do notissue charge notices or involve themselves in other parking issues and do notapproach road users to offer advice or directions, except in cases of emergency.3. The enforcement vehicle appears to be closer than it actually would have beendue to the vehicle's camera being zoomed in to record the appellant'scontravention.IAS adjudication.The adjudicator made their decision on xxx.
It is important that the Appellant understands that the adjudicator is not in aposition to give his legal advice. The adjudicator's role is to look at whether theparking charge has a basis in law and was properly issued in the circumstancesof each particular case. The adjudicator's decision is not legally binding on theAppellant (it is intended to be a guide) and they are free to obtain independentlegal advice if they so wish. However, the adjudicator is legally qualified (abarrister or solicitor) and decides the appeal according to their understanding ofthe law and legal principles.
The terms of this appeal are that I am only allowed to consider the charge beingappealed and not the circumstances of other drivers or other parking events.The guidance to this appeal also makes it clear that I am bound by the law ofcontract and can only consider legal challenges not mistakes or extenuatingcircumstances. I am satisfied that the Operator's signage, which was on displaythroughout the site and seemingly visible in the vicinity of the vehicle, makes itsufficiently clear that the terms and conditions are in force at all times and that aPCN will be issued to drivers who fail to comply with the terms and conditions,regardless of a driver's reasons for being on site or any mitigating factors. Whilenoting their comments, it is clear from the evidence provided to this appeal thatthe Appellant did indeed stop otherwise than in accordance with the displayedterms as alleged by the Operator. I am satisfied on the evidence provided thatthe Operator has the authority to issue and enforce PCNs at this site. I amfurther satisfied as to the location of the contravention, that the correct vehiclehas been identified stopped at the time suggested in the images provided andthat the correct Appellant is pursued.I am satisfied that the Operator has proven their prima facie case. Whilst havingsome sympathy with the Appellant's circumstances, once liability has beenestablished, only the Operator has the discretion to vary or cancel the parkingcharge based on mitigating circumstances. Accordingly this appeal is dismissed0 -
Yes of course, no admission to who the driver wasHalf_way said:With this being an airport site, then bye-laws will be in place, have you included that and told them to go and whistle as registered keeper you are under no obligation to provide them with a driver's name or inform them as to who could have been driving.Airport sitebyle-laws in forcenot relevant landSRS can FRO0 -
IAS appeal confirmed they have disapplied POFA.No it didn't.
The IAS decision (widely considered a service that is as bent as a nine bob note) didn't mention POFA or liability. You should never have tried the IAS. Complete waste of time.
I assume you've already searched the forum and read about Elliott v Loake on threads?!
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Sorry that's not what I meant, disapplied was probably wrong choice of wording, I mean VCS has said in both their appeal and the IAS appeal that they are not citing pofa and not saying keeper is liable.Coupon-mad said:IAS appeal confirmed they have disapplied POFA.No it didn't.
The IAS decision (widely considered a service that is as bent as a nine bob note) didn't mention POFA or liability. You should never have tried the IAS. Complete waste of time.
I assume you've already searched the forum and read about Elliott v Loake on threads?!
From what I've researched EvL is irrelevant as it was a criminal case with forensic evidence.
I know IAS is a kangaroo court but I didn't consider it a waste of time, I have now seen all the evidence and arguments from VCS so I figured it gave me a bit more preparation should a court claim be put forward.
Thanks2 -
"VCS Reply:"
Just thinking out loud - wonder why the following was included:-
"We note your comment that you stopped to ask directions from an Enforcement Officer; however as stated, the signs near to the location you stopped clearly stated "No Stopping" and warned that if you did so, you were liable for the Charge displayed. "4 -
"I mean VCS has said in both their appeal and the IAS appeal that they are not citing pofa and not saying keeper is liable".But in contradiction they are trying this rubbish on:(A) 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 questionAlso as @1505grandadhas stated they seem to have produced this:(B) We note your comment that you stopped to ask directions from an Enforcement Officer; however as stated, the signs near to the location you stopped clearly stated "No Stopping" and warned that if you did so, you were liable for the Charge displayed.Also all through their rejection and the IAS rejection they state the appellant did this the appellant did that which means that the keeper (you) as the appellant (you) is being assumed to be the driver which is not an assumption they can make, or have you blown that in (B) somehow?2
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I'm interested in this setup of a CCTV van trundling around forcing people to stop so they can be charged.
If this really is true I'd consider sending your footage to the police and media, because it would be fraud.
3 -
The appeal information was a direct copy and paste I haven't changed any of the terms they have usedJames_Poisson said:"I mean VCS has said in both their appeal and the IAS appeal that they are not citing pofa and not saying keeper is liable".But in contradiction they are trying this rubbish on:(A) 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 questionAlso as @1505grandadhas stated they seem to have produced this:(B) We note your comment that you stopped to ask directions from an Enforcement Officer; however as stated, the signs near to the location you stopped clearly stated "No Stopping" and warned that if you did so, you were liable for the Charge displayed.Also all through their rejection and the IAS rejection they state the appellant did this the appellant did that which means that the keeper (you) as the appellant (you) is being assumed to be the driver which is not an assumption they can make, or have you blown that in (B) somehow?0 -
Good point. I'm glad you went into it knowing it is considered a not-fit-for-purpose system.Aimmcm said:
Sorry that's not what I meant, disapplied was probably wrong choice of wording, I mean VCS has said in both their appeal and the IAS appeal that they are not citing pofa and not saying keeper is liable.Coupon-mad said:IAS appeal confirmed they have disapplied POFA.No it didn't.
The IAS decision (widely considered a service that is as bent as a nine bob note) didn't mention POFA or liability. You should never have tried the IAS. Complete waste of time.
I assume you've already searched the forum and read about Elliott v Loake on threads?!
From what I've researched EvL is irrelevant as it was a criminal case with forensic evidence.
I know IAS is a kangaroo court but I didn't consider it a waste of time, I have now seen all the evidence and arguments from VCS so I figured it gave me a bit more preparation should a court claim be put forward.
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