vehicle control services Ltd

[walter100]

HiI am a director of a small business.......I recieved a "fine" from vehicle control services ltd for one of our company cars for "allegedly breaching the roadway terms & conditions of use for a privatley operated access road"The fine was sent to the company as the registered keeper.I have appealed this with them as I believe that the fine of £100 is excessive and not a genuines pre estimate loss and also because I belive that it is up to Vehicle control services to prove who was driving the vehicle. I do not believe it is up to the company to tell them who the driver was as I cannot be 100% sure. The photos do not show who was driving.so..... is the company as the registered keeper liable and do I have to pay or am i correct in my thinking above?despite my appeal and the fact I have told them to tale me to court as I would be happy to argue the companies defence in court they have now instructed Newlyn plc who are now threatening all sorts.I appreciate I am posting on behalf of my company but any advice would be very much appreciatedThank you

[mystery1]

Re: vehicle control services Ltd

The registered keeper can become liable if the qualification criteria in the Protection of freedoms act 2012 schedule 4 are met. http://www.parkingcowboys.co.uk/keeper-liability/

When you say access road is this an airport by any chance ?

M1

[walter100]

Re: vehicle control services Ltd

hiyes it was an airport....does this make any difference?

[mystery1]

Re: vehicle control services Ltd

It makes a huge difference as the road is covered by a byelaw.

http://parking-prankster.blogspot.co...haw-smith.html

http://parking-prankster.blogspot.co...port-make.html

Read the comments too.



So what does that mean to you ?

You can either wait it out with the threat they do go to court and then use the info to defend the claim pretty easily or write to them and tell them what you know and that they should "go away".

Alternatively name the driver so the process restarts with the driver getting a chance to appeal and go via popla which will kill this off with a minimal amount of fuss. See http://www.legalbeagles.info/forums/...ntrol-services for how that'll work.

M1

[walter100]

Re: vehicle control services Ltd

thank you for that...does this byelaw apply to all airports?.....this one was at Doncaster robin hood airport

cheers

[mystery1]

Re: vehicle control services Ltd

http://www.davidmarq.com/bama/doncas...%20byelaws.pdf

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

“relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—
(a)the owner or occupier of the land; or
(b)authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land;
“relevant land” has the meaning given by paragraph 3;



3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—


(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);


(b)a parking place which is provided or controlled by a traffic authority;


(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

M1