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  • FIRST POST
    • BON EON
    • By BON EON 14th Sep 18, 10:02 PM
    • 5Posts
    • 0Thanks
    BON EON
    Robin hood airport Doncaster
    • #1
    • 14th Sep 18, 10:02 PM
    Robin hood airport Doncaster 14th Sep 18 at 10:02 PM
    Hi folks,
    Can someone advise me please on what to do next in regards to a no stopping parking notice.
    I have read all the newbies stuff, sent a response stating I won't be naming the driver, signage, unreasonable amount etc etc
    The criminal company, VCS, have replied with the following reasons for declining my initial appeal to them:
    1. "We note that you have declined to name the driver....in this case we may pursue you as the registered keeper of the vehicle for the outstanding charge, as per schedule 4 of the protection of freedoms Act 2012 (PoFA)" they go on to say that they have the right to recover the unpaid balance from the keeper after 28 days?? can someone tell me if this is the case????
    2. They state that their charges are not extravagant and site that this was supported "by the supreme courts decision in the case of ParkingEye v Beavis (2015)"

    3. They state they are contracted by the landowner to manage and enforce parking on private land. They then state that the existence of the document has no legal bearing on the contract with the motorist - (See vehicle control services v HMRC (2013) EWCA Div 186, para 22 per Lewis on LJ)

    Can anyone give me information on how to proceed with this??
    Many thanks
    Bon
Page 1
    • twhitehousescat
    • By twhitehousescat 14th Sep 18, 10:26 PM
    • 1,775 Posts
    • 2,243 Thanks
    twhitehousescat
    • #2
    • 14th Sep 18, 10:26 PM
    • #2
    • 14th Sep 18, 10:26 PM
    landowner = airport , non relevant land , therefore NO POFa


    You could point out them that as this land is subject to byelaws or RTA enforcement then it is not relevant land for the purpose of holding the keepr liable instead of the driver under Schedule 4 of The protection of Freedoms Act 2012.
    Last edited by twhitehousescat; 14-09-2018 at 10:29 PM.
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • BON EON
    • By BON EON 15th Sep 18, 8:30 AM
    • 5 Posts
    • 0 Thanks
    BON EON
    • #3
    • 15th Sep 18, 8:30 AM
    • #3
    • 15th Sep 18, 8:30 AM
    Many thanks for your reply. I did state this in my reply to them.
    I'm assuming they have put this in their reply to me in the hope of scaring me into paying them?
    • Umkomaas
    • By Umkomaas 15th Sep 18, 8:41 AM
    • 19,400 Posts
    • 30,656 Thanks
    Umkomaas
    • #4
    • 15th Sep 18, 8:41 AM
    • #4
    • 15th Sep 18, 8:41 AM
    I'm assuming they have put this in their reply to me in the hope of scaring me into paying them?
    Precisely. It's the 'industry' business model.

    You just have to wait to see if they carry out their threat (they have six years to do so), then see what a Judge says. There's nothing you can do to stop them trying (other than send a cheque).

    Sorry, no magic solution.

    Why not write to your MP and make him/her aware of what's going on and ask them to support the Sir Greg Knight Private Parking Bill currently going through its Parliamentary stages.

    https://hansard.parliament.uk/Commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    https://www.parliamentlive.tv/Event/Index/d5550515-cce9-4185-83ec-754dadb7524a
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • fisherjim
    • By fisherjim 15th Sep 18, 8:43 AM
    • 3,178 Posts
    • 4,878 Thanks
    fisherjim
    • #5
    • 15th Sep 18, 8:43 AM
    • #5
    • 15th Sep 18, 8:43 AM
    Many thanks for your reply. I did state this in my reply to them.
    I'm assuming they have put this in their reply to me in the hope of scaring me into paying them?
    Originally posted by BON EON

    Spot on, remember they are greedy lying scammers!
    • Giant Hogweed
    • By Giant Hogweed 15th Sep 18, 11:48 AM
    • 134 Posts
    • 114 Thanks
    Giant Hogweed
    • #6
    • 15th Sep 18, 11:48 AM
    • #6
    • 15th Sep 18, 11:48 AM
    I got caught by these scammers at the same place 3 years ago. Follow advice on here and play e mail ping pong with them. They didn't follow ANY of their own industry 'guidelines', basically made some of the stuff up as they went along for example when i asked them for their appeal procedure they said I'd left it too late, but the reason was it took them TEN weeks to respond to my initial rebuttal despite them stating they'd reply within 28-35 days!
    Also (and the much more learned people on here may confirm or correct this) they are trying to use parking rules on a public road, and 'parking' and 'stopping' are two completely different things (you have to stop to read their poxy signs in the first place so they'll never try court with this location).
    I've looked on the airport website it previously warned about the No stopping on the approach road situation, with a disclaimer from the airport manager stating the PPC (VCS) was nothing to do with them. This has now mysteriously disappeared, I wonder why?
    • BON EON
    • By BON EON 15th Sep 18, 12:29 PM
    • 5 Posts
    • 0 Thanks
    BON EON
    • #7
    • 15th Sep 18, 12:29 PM
    • #7
    • 15th Sep 18, 12:29 PM
    Thanks for the advice. I take it I just jump through the hoop of appealing to their IAS, knowing it will be rejected, then ignore any correspondence from the resulting debt collection agencies??
    • KeithP
    • By KeithP 15th Sep 18, 12:34 PM
    • 9,237 Posts
    • 9,433 Thanks
    KeithP
    • #8
    • 15th Sep 18, 12:34 PM
    • #8
    • 15th Sep 18, 12:34 PM
    I take it I just jump through the hoop of appealing to their IAS...
    Originally posted by BON EON
    No, don't bother jumping through that hoop.

    Re-read post #3 of the NEWBIES FAQ sticky thread to find out why.
    .
    • BON EON
    • By BON EON 15th Sep 18, 2:04 PM
    • 5 Posts
    • 0 Thanks
    BON EON
    • #9
    • 15th Sep 18, 2:04 PM
    • #9
    • 15th Sep 18, 2:04 PM
    Thanks, I've been reading up on this and understand it is a pointless exercise to appeal to IAS. But as a few people have suggested, it shows how corrupt they are and gives you more evidence if it goes to court.
    Has anyone been taken to court recently by this firm at Doncaster airport??
    • KeithP
    • By KeithP 15th Sep 18, 2:10 PM
    • 9,237 Posts
    • 9,433 Thanks
    KeithP
    ...it shows how corrupt they are and gives you more evidence if it goes to court.
    Originally posted by BON EON
    The converse is also true.

    A refused IAS appeal gives the Claimant something else to wave at a judge:

    "Look your Honour, the Independent Appeals Service has already decided that the Defence has no merit. QED..."

    Swings and roundabouts I suppose. Your choice.
    Last edited by KeithP; 15-09-2018 at 2:47 PM.
    .
    • Umkomaas
    • By Umkomaas 15th Sep 18, 2:38 PM
    • 19,400 Posts
    • 30,656 Thanks
    Umkomaas
    Absolutely follow KeithP's advice.

    No good will come to you from an IAS appeal, and a Deputy District Judge will have little interest in their 'virtuousness' - they're not standing in front of him/her.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • BON EON
    • By BON EON 15th Sep 18, 3:32 PM
    • 5 Posts
    • 0 Thanks
    BON EON
    Again thanks for the advice.

    Just so I'm clear..... from this point on I should simply do NOTHING and wait and see if in the future I get a letter from a court???? Sorry if I'm sounding stupid...
    • Redx
    • By Redx 15th Sep 18, 3:39 PM
    • 19,244 Posts
    • 24,456 Thanks
    Redx
    you wont get any letters from a court

    if they tried the bylaws route you would receive a penalty notice followed by a summons, supposedly issued by the airport themselves , within 6 months (for magistrates court)


    if VCS try the parking charge route they would issue a court claim using the centralised office for E & W located in Northampton , the CCBC
    it is later in the process that you would be dealing with your local court

    if you have appealed and failed, there is nothing else to do but to sit and wait for developments and then play ping pong

    DO NOT ignore any penalty notice, or summons , or a formal LBC , or an MCOL

    YOU CAN READ UP ON THIS AIRPORT SC@M by reading other threads about RHA , LJLA and Newcastle airport

    you will also find good info in Luton and BHX airport threads where APCOA are contracted
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Umkomaas
    • By Umkomaas 15th Sep 18, 3:42 PM
    • 19,400 Posts
    • 30,656 Thanks
    Umkomaas
    That's about it.

    But you may get debt collector letters, which should be filed, but absolutely ignored. You may get some 'solicitors' letters - but these are often just letterheads used by debt collectors, to act as frighteners. Checking to whom the letter tells you to pay will often be the indicator as to who sent it - pay the debt collector, it's the debt collector sending it - pay VCS or the solicitors, come back for more advice.

    Usually before receiving court papers, you should receive a letter headed 'Letter Before Action/Claim' (or very similar wording), from either VCS or solicitors representing them. The NEWBIES FAQ sticky, post #2 deals with LBCs and court papers. When you have a minute, have a read through that part of the sticky.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Redx
    • By Redx 15th Sep 18, 3:44 PM
    • 19,244 Posts
    • 24,456 Thanks
    Redx
    T
    Has anyone been taken to court recently by this firm at Doncaster airport??
    Originally posted by BON EON

    not that we know of, but there are court cases involving LJLA which are ongoing at the moment and are probably a benchmark for you to watch out for
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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