New Member - PCN LJL airport - BW legal - Please help!

[Burtyboo]

Sorry, but I posted this in the wrong place to start with!

I hope someone can help me. I am a member of another forum, but I am very confused by numerous different responses. I have no legal knowledge background and am finding it difficult to write suitable responses due to personal circumstances. I will try and be concise!

My husband received a PCN in August 2017 for "stopping in a zone where stopping is prohibited" at LJL airport. While my husband is the registered owner of the vehicle, he was not driving. The driver stopped for a matter of 1 minute as he/she was looking for signs to indicate where he/she could wait for us! The driver was approached by a vehicle and told to move before he received a fine, which he/she did!

I appealed the PCN

(on my husbands behalf)

, as advised by the other forum, but as expected the appeal was rejected.

I remember there may have been other letters, however my husband at this time was critically ill in intensive care and I mislaid them and didn't take any action. The case by this time was passed to BW legal and he received a final notice to pay £160 stating failure to pay will result in county court proceedings.

I wrote back to them (as advised by other forum) - see below

In response to your letter dated 2^nd January 2018 regarding the issuing of a final notice following the issue of a Parking charge notice issued on the 15^th August 2017 by Vehicle Control Services Limited (VCS). Account number: ******** to Vehicle registration number ******.

You state that you wrote a letter dated 24^th November 2017, unfortunately at this time Mr. **** was critically ill in intensive care, which hopefully explains why there was no reply. He is continuing with his long recovery at present, therefore I, Mrs. ******am writing this letter on his behalf and would appreciate if any future correspondence could be addressed to myself.

We have already informed VCS that Mr. *****was NOT driving the car at the time of the alleged incident, as we had just returned from a flight abroad. As you know, there is no keeper liability, only driver liability (who I am not obliged to name) due to the fact that the airport land is subject to byelaws and therefore not relevant land for the purpose of the Protection Of Freedoms Act 2012 Schedule 4.

I believe you are being vexatious in continuing to peruse this case, knowing the above to be true. As I have explained Mr. ***remains unwell and the pursuit of this case is directly causing him unnecessary and undue stress.

Sincerely,

Despite my request, they replied on the 31st January 2018 and addressed the letter once again to my husband. They said they have put the account on hold for 30 days to allow him sufficient time to provide them with information regarding his current health situation!

I need to respond soon and have begun to draft a reply - which says

1) I am disgusted they ignored the request to address correspondence to me, causing further unnecessary stress.
2) That his medical history was private and confidential and bears no relevance to the case as a) there is no case due to him not driving at the time, b)

, the fact that the airport land is subject to byelaws and therefore keeper liability cannot apply

and c)

thatstopping on private land is NOT PARKING.

I really would appreciate any help in writing the above response as this is causing me more stress than I am already under and I am on the verge of giving up and paying :-(

Thanks in advance.

[ostell]

Was the other forum Pepipoo ?

That response is correct but it looks as though VCS are insisting on taking a case to court after they managed to get a win at court under the same sort of circumstances at the business park next door. The difference was that the business park was not subject to byelaws.

[Burtyboo]

It was.

I would love to take it to the

Solicitors Regulatory Authority, but I have neither the time nor the energy to do so with everything else that is going on.

Are you saying now that it is likely this will go to court? If this is the case , then they win and I will pay it because my husband just couldn't deal with it.

[ostell]

Keep an eye on this Pepipoo thread: http://forums.pepipoo.com/index.php?showtopic=116961 It is possibly ahead of yours and if VCS lose then it would help your case. If VCS win then you can pay just before it gets to court.

Why do you think you will not win?

[Burtyboo]

Ostell - I have just spent 3 hours reading that post with great interest. Hopefully there will be more posts about what happens next.

Do you think my reply is ok for now?

[ostell]

Yes, I think the response you intend to give is fine for the time being as a holding answer but don't expect VCS and BWL to be sympathetic. Hopefully that other case will be concluded before things get too serious and you can make a decision then.

[Burtyboo]

Thank you :-)