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Legality of PCN

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  • #16
    Did those PCNs have the same reference number?

    Comment


    • #17
      Yes. They just replaced one with the other.

      Comment


      • #18
        In your repsonse to them yhe main point is that the land is not relevant land for the purpose of POFA then you, as the keeper, cannot be held liable for the actions of the driver.

        Even if it were relevant land then there has been several POFA failures resulting in no keeper liability.Â*

        Failures are

        9 (4) failing to deliver within the relevant period.

        9 (2) (f) failing to give the warning of keeper liability in the format required.Â* Â*

        And any others you can find.

        Comment


        • #19
          Hello again. VCS has now emailed me to say the case remains open and they will give me the opportunity to appeal the second PCN (when I tried previously a message popped up “case settled/closed”). So back to appealing. I will use the text suggested. Reading POFA, it seems to refer only to “parking”, rather that pausing for a few seconds. At no point was the vehicle left/parked. Is this relevant to mention in my appeal? Thank you.

          Comment


          • #20
            YesÂ* POFA is all about parkingÂ* but the PPCs believe any stop is parking but they have been kicked in court because of this.

            Basically the can't use POFA as it us not relevant land.Â* Even if it was relevant land the 2nd PCN was too late for keeper liability.

            Yes mention that this was not parking, merely loading/unloading which the courts have found to be not parking

            Â*

            Comment


            • #21
              Not surprisingly they have rejected my appeal. They say “I” admitted stopping, not true, just commented that pausing momentarily does not constitute parking.Â*Dear Xxxxxxx
              Re: Parking Charge Notice Number VCSxxxxxxx - Vehicle: Xxxxxxx Site: Southend Airport Post Code: SS2 6YF
              Contravention Date: 27/11/2019
              We refer to your appeal in respect of the above Charge Notice (CN) received on 11/02/2020.
              14/02/2020
              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 Airport and on the access roads and designated bus stops within the Airport 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 designated bus stop where stopping is prohibited and the driver became liable to pay that Charge.
              As members of the International Parking Community's (IPC) Accredited Operator Scheme, it is necessary for us to evidence to the IPC that we have relevant authority to undertake parking management at the site concerned and that our signs at that location are compliant in setting out the relevant terms and conditions of use. We will only answer pertinent points at this stage.
              In your appeal you have confirmed to us that on the date in question, you stopped your vehicle on the access road, which is an area where stopping is not permitted.
              A review of our CCTV evidence has confirmed that on the date in question, your vehicle stopped to drop off a passenger(s) on the access road/bus stop where restrictions apply.
              We note your comment concerning the use of byelaws at the Airport; as already stated the signs at the entrance to the airport clearly identify the roads as private property and byelaws are not currently in use.

              There are 87 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 28/02/2020 or £100 to reach us by 13/03/2020 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 £60 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): If you 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).

              Appeals must be submitted to the IAS 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) will become payable within 14 days of the date the IAS decision is notified to you. Failure to pay this sum in the 14 day period will result in debt recovery costs of £60.00 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.
              Yours sincerely
              Appeals Administration Team CENTRAL PROCESSING OFFICE

              Comment


              • #22
                Went to appeal at IAS website and as this is apparently a non-standard appeal, there is a non-refundable fee of £15 to appeal! Assume I just wait for court papers then.Â*

                Comment


                • #23
                  Hi Ostell. I hope you are well. My MP wrote to VCS and I would be interested to hear what you make of their response? Many thanks.

                  24 March 2020

                  House of Commons
                  London
                  SW IA OAA

                  Dear x

                  Notice Serial No:
                  Vehicle Registration Mark:
                  Date & Time of Issue:Â*

                  Thank you for your letter dated 20 February 2020 on behalf of your constituent Ms X addressed to our managing director, Mr Simon Renshaw-Smith, regarding the above Parking Charge Notices (PCN) issued to following a contravention observed at Southend Airport. I have been asked to respond accordingly.

                  Southend Airport is private land; drivers are permitted to enter the airport land in order to access the facilities within the airport. Southend Airport reserves the right to carry out management and enforcement of traffic on the private access roads in respect of vehicles which park, or stop outside areas specifically set out for parking. Vehicle Control Services Ltd (VCS) are authorised to carry out that traffic management and enforcement. A no stopping zone has been introduced on the airport approach roads and the dedicated bus access routes, due to growing congestion caused by vehicles stopping and blocking lanes. The subsequent congestion has created safety risks for other motorists and potential costly delays for emergency vehicles responding to incidents at the Airport. This PCN was issued in respect of Mr X's vehicle stopping within one of the public bus stops running alongside the private road of this busy international airport. Any vehicles obstructing this bus stop, no matter for how long can cause serious problems for airport traffic. This area is frequently misused by motorists seeking to avoid charges associated with the dedicated car parks and pick-up/drop-off zones. Vehicle Control Services Ltd patrol, manage and enforce on the access roads and bus stops, where stopping is not permitted and seek to do so by making motorists aware of the requirements with signs. The signage at the bus stop clearly states 'Public Buses Only' and '£100 CHARGE IF YOU STOP'. Signage makes it clear that any motorist stopping in contravention of the terms and conditions displayed will be liable for a PCN.

                  On the date in question Ms X's vehicle with the VRM of x was recorded by our CCTV enforcement officer as having stopped within the public bus stop whilst apparently dropping off a passenger, and as such a charge notice was subsequently issued to her as the keeper of the vehicle. I would note that in her correspondence to you Ms X states that we have chosen to designate this as a bus stop. This is not the case, and this charge was not arbitrarily issued by us. We enforce the terms and conditions of access to Southend Airport solely on the behalf of our client who wish for this bus stop to remain clear of unauthorised vehicles at all times. As Ms X's vehicle is evidently not a bus, this charge was correctly observed and legitimately pursued.

                  In her prior correspondence Ms X has denied being the driver and states that we have no right to pursue her as the registered keeper under Schedule 4 of the Protection of Freedoms Act (PoFA) 2012. However, as we have previously explained to Ms X in our correspondence to her, we have not cited PoFA 2012 nor stated that she was liable for the Charge as the vehicle keeper. Operators are not required to use the keeper liability provisions within the Protection of Freedoms Act 2012 on land to which it applies. These provisions complement the common-law position which may be used to establish liability for a Charge irrespective of whether the Act applies or not. Where an operator chooses not to rely upon the Act, the stated time limits and notice requirements do not apply. Any notice sent to a motorist clearly states that it is a 'Charge Notice' and has been sent to the Registered

                  Keeper/Owner of the vehicle and requests them to pass the notice to the driver of the vehicle or to reply, giving the driver's details. Any notice sent to a motorist clearly states that it is a 'Charge Notice' and has been sent to the Registered Keeper/Owner of the vehicle and requests them to pass the notice to the driver of the vehicle or to reply, giving the driver's details. It further states that Vehicle Control Services may pursue the Registered Keeper of the vehicle for any parking charge amount that remains outstanding, on the assumption that they were the driver. As Ms X has declined to name the driver of the vehicle to date, we will continue to pursue her as liable for the charge under this reasonable assumption.

                  Ms X states we have no legal basis to pursue the charge. A person can enter into a contract either by expressly agreeing to do so or by acting in such a way that they can be said to have implied agreement to enter into a contract. Where notice is given to a motorist of the consequences of parking or stopping within a particular area, by implication a motorist enters into a contract with Vehicle Control Services Ltd and accepts the terms set out in the Notice by proceeding to enter and remain on this land. If the vehicle is subsequently observed to stop, the motorist is deemed to have accepted liability for a charge and may subsequently be pursued for the outstanding sum. Data on the keeper of the vehicle is provided by the Driver and Vehicle Licensing Agency (DVLA) to enable landowners or their agents to pursue their legal rights and to resolve disputes. In order to help ensure motorists are treated fairly when any parking charge is pursued, the DVLA will only provide vehicle keeper details where a car parking Management Company is a member of a DVLA Accredited Trade Association (ATA) and adhere to an enforceable code of practice. The Accredited Trade Association, to which Vehicle Control Services Ltd are members, is the International Parking Community (IPC).

                  I would note that Ms X has previously appealed to us on the basis she has outlined to you and that we have rejected her appeal for the reasons we have explained. As noted above we are members of the IPC Accredited Operator Scheme (AOS). The IPC operate an Independent Appeals Service (IAS) that allows a motorist access to an independent adjudication process on the lawfulness of parking charges issued by their members. An important condition of being an AOS member is that operators must adhere to the IPC's Code of Practice. In our correspondence to Ms X we provided details on how to appeal to the IAS if she believed our decision to be incorrect. The IAS adjudicators consider the lawfulness of the PCN in question and appeals are adjudicated on by independent professionals of law with knowledge of the relevant contract law concerning parking on private land. This service is free to use for motorist, contrary to what Ms X has informed you. Decisions made by the IAS are binding on the parking operator, but are advisory to motorists who are free to further dispute the charge in court if they so wish. To date, Ms X has failed to lodge an IAS appeal and I would note the timeframe within which to do so had subsequently expired. It is now the responsibility of Ms X to make payment of the charge to bring these matters to a close.

                  If you are not content with the response we have provided you with, you can refer this to the IPC who will investigate and provide you with a response. To make this process as simple as possible the IPC has created a communication portal on their websiteÂ*https://theipc.info/loginÂ*for you to use. They have created a username for all members of Parliament. Your username will be your email address. An email will have been sent with your login details. There is an option for you to reset your password if you are unable to login. If you have any issues, please contact the IPC via email onÂ*mp.enquiries@theipc.info

                  Yours sincerely

                  x

                  Central Processing Office

                  Â*
                  Last edited by Purplepenny; 26th March 2020, 12:50:PM.

                  Comment


                  • #24
                    Did you say that they did not comply with POFA and therefore there canÂ* be no keeper liability

                    Comment


                    • #25
                      Yes, I said that and my MP put that to them. VCS insist they are not relying on POFA, but on “common law” (?.....)
                      “” ... Ms X has denied being the driver and states that we have no right to pursue her as the registered keeper under Schedule 4 of the Protection of Freedoms Act (PoFA) 2012. However, as we have previously explained to Ms X in our correspondence to her, we have not cited PoFA 2012 nor stated that she was liable for the Charge as the vehicle keeper. Operators are not required to use the keeper liability provisions within the Protection of Freedoms Act 2012 on land to which it applies. These provisions complement the common-law position which may be used to establish liability for a Charge irrespective of whether the Act applies or not. Where an operator chooses not to rely upon the Act, the stated time limits and notice requirements do not apply. Any notice sent to a motorist clearly states that it is a 'Charge Notice' and has been sent to the Registered Keeper/Owner of the vehicle and requests them to pass the notice to the driver of the vehicle or to reply, giving the driver's details. Any notice sent to a motorist clearly states that it is a 'Charge Notice' and has been sent to the Registered Keeper/Owner of the vehicle and requests them to pass the notice to the driver of the vehicle or to reply, giving the driver's details. It further states that Vehicle Control Services may pursue the Registered Keeper of the vehicle for any parking charge amount that remains outstanding, on the assumption that they were the driver. As Ms X has declined to name the driver of the vehicle to date, we will continue to pursue her as liable for the charge under this reasonable assumption.

                      Comment


                      • #26
                        What legislation requires the keeper to pass on the notice to the driver?

                        Comment


                        • #27
                          Don’t know! They seem intent on pursuing me though :-(

                          Comment


                          • #28
                            If they are saying that then ask them to identify the legislation.

                            Comment

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