Show Posts - Coalman

Thank you, once again, Intercity 125.  I will send an email to VCS today which will contain your much-appreciated information.  I will also send then the link to the Bye Laws that jfellows has suggested as well. Thank you.Regards.Coalman

Hello Lads.I had a reply from my appeal letter last Friday:We refer to your appeal in respect of the above Charge Notice (CN) received on 15/06/2026.Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Ourmain reason(s) for this decision are as follows:The signs where your vehicle was observed within the Fuel Station, clearly state "No Stopping", giving clear noticethat the land is private property and that a Charge of £100 will be levied if vehicles do stop. The above detailedvehicle stopped in a zone where stopping is prohibited and the driver became liable to pay the advertised Charge.We note that you have declined to name the driver of your vehicle at the time of the incident in question. It isimportant that we make you aware that in this case we may pursue you as the registered keeper of the vehicle for theoutstanding Charge, as per Schedule 4 of the Protection of Freedoms Act 2012 (PoFA).The notice sent to you clearly states: Please be warned: that if, after the period of 28 days beginning with the dayafter the Issue Date of this Notice, the amount of the unpaid Parking Charge specified in this Notice has not been paidin full and we do not know both the name of the driver and a current address for service for the driver, we will havethe right to recover from the registered keeper, any unpaid balance of the Parking Charge. This Notice will be deemedto have been received by you on the second working day after the Issue Date stated above unless the contrary isproved.A review of our CCTV evidence has confirmed that on the date in question, your vehicle stopped for an unreasonableamount of time in any area where stopping for any reason is strictly prohibited. As stated, the signs near to thelocation your vehicle was observed clearly stated "No Stopping" and warned that if you did so, you were liable for the charge advertised.I hope and will thank you all in anticipation for your further advice on my next move.Cheers!

Submitted the 2nd Appeal.Thank you for your help.  Coalman

https://ibb.co/ymvDnTM6https://ibb.co/CdVFVzPhttps://ibb.co/ymvDnTM6

I must say a REAL thank you to you lads who know the ropes and spend YOUR time trying to help the numpties amongst us .  It IS appreciated!I have just read the link mentioned above and believe that this is what I need to do.I am scanning both sides of the charge notice now. Before redacting anything, can I ask, to be absolutely sure....  Should I redact/leave the following:Delete name and address at the top of the letter of Keeper?LEAVE the Issue Date,Delete the PCN Ref no ?Delete the VRM Reg no.?Delete vehicle make ?Delete vehicle model?LEAVE the Contravention date,LEAVE the Contravention time,LEAVE the Contravention Reason,LEAVE Site name,Redact the reg no on car photos,LEAVE the 'payment dates deadlines' etc.  OVERLEAFDelete the Ref/Serial no,LEAVE the Issue Date,Delete the VRM .Thank you.Just another thing.  This alleged contravention happened very early in the morning apparently, in the darkness of an April night/morning and apparently the signage, if there was any could/was not to be actually SEEN.  It is very difficult to see signs that are not illuminated during the hours of darkness and it is also difficult to get evidence of the 'dark signs' when you apparently cannot stop to take evidential photographs during the hours of darkness otherwise one might receive another PCN.   

Thank you.  I am really surprised that anyone needs to build a defence when , from what I have read, the petrol station is not 'relevant land' and therefore VCS have no jurisdiction over that part of the airport estate. Isn't this a slam-dunk , a no-win for the scamming parking firm because of the 'not relevant land' situation?  Thanks for your time .  I will sort out a better upload tomorrow. Thank you.

Hello there, InterCity, and thank you.  I will try to upload my PCN.  I have looked at an MSE thread about this very same petrol station.  The victim has furnished VCS with lots of proof of the 'relevant land' defence and now he is waiting for the LBC to arrive.  https://forums.moneysavingexpert.com/discussion/6634537/east-midlands-airport-vcs-ltd-petrol-station .This is the link to the PCN image.  I hope this is ok.https://ibb.co/d05x8KcC

Thank you....but from what i have read, they are not that 'independent' are they? 

Thank you.  I did a fair bit of research and I am inclined to believe that the petrol station IS NOT 'relevant land' , but I will find out for sure. What will the 'more detailed appeal for the IAS ' consist of, please?  What is IAS? Thanks.

Hi everybody!  I had a this occurrence at the petrol station at East Mids airport.  I received the customary PCN from a firm called VCS.  After researching websites for excellent information, this was my reply/appeal to them on their website....( They have a drop down list for you to choose a reason for the appeal )*  Despite the drop down reason given is ''there was no signage at the car park'', I cannot say for sure  if there was signage or not, I can only state that I DID NOT SEE any signage.However, and more importantly, I am the registered keeper but VCS cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control, which East Midlands Airport certainly is. As a matter of fact and law, VCS will be well aware that they cannot use the PoFA provisions because East Midlands Airport is not 'relevant land'.If East Midlands Airport wanted to hold owners or keepers liable under Airport Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because VCS is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for VCS's own profit (as opposed to a bylaws penalty that goes to the public purse) and VCS has relied on contract law allegations of breach against the driver only.The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law . Your NTK can only hold the driver liable. VCS  have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.  VCS has issued an invoice that, by law, can only hold the driver liable, not the keeper. Please note the Protection of Freedoms Act2012(Sch 4), confirmed in Appeal Court judgment VCS v Ian Edward.  I therefore, I require you to cancel the PCN and expunge my personal data from your records.signed*******This is an appeal by the registered keeper - No driver details will *ever* be given. Please do not bother with your known fishing expedition in an attempt to get driver details.  It is known parking firms do this to try and get around the fact when there is no keeper liability in play. (and never can be under POFA)Three weeks later the owner of the car received this:We refer to correspondence received from you concerning the above numbered Charge Notice.Please note that responsibility for this Charge lies with the driver of the vehicle at the time the parking contraventionwas observed. However, we are unable to ascertain who the driver was on the date in questions from the informationgiven within your appeal.In order for us to process your appeal correctly, please follow the instructions below:1. If you were the driver on the day in question, please confirm this within your next correspondence.2. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME (Forenameand Surname) and a valid FULL SERVICEABLE ADDRESS within 14 days.3. If you are representing the driver we require a signed and dated statement from the driver of the vehicle confirmingthat you are authorised to appeal on his/her behalf; this needs to be an original signature and not a photocopy or astamp. The statement MUST contain the drivers FULL NAME (Forename and Surname) and a valid FULLSERVICEABLE ADDRESS.Please ensure that correspondence is submitted through the portal www.myparkingcharge.co.uk in order to correctlyadhere with the appeals process.Is there a templet for a reply / another appeal, or do I just tell them to jog-on?Thank you in anticipation for your help.

Hi everybody!  I had a similar occurrence at the petrol station at East Mids.  I received the customary PCN from a firm called VCS.  This was my reply to them....( They have a drop down list for you to choose a reason for the appeal )*  Despite the drop down reason given is ''there was no signage at the car park'', I cannot say for sure  if there was signage or not, I can only state that I DID NOT SEE any signage.However, and more importantly, I am the registered keeper but VCS cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control, which East Midlands Airport certainly is. As a matter of fact and law, VCS will be well aware that they cannot use the PoFA provisions because East Midlands Airport is not 'relevant land'.If East Midlands Airport wanted to hold owners or keepers liable under Airport Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because VCS is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for VCS's own profit (as opposed to a bylaws penalty that goes to the public purse) and VCS has relied on contract law allegations of breach against the driver only.The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law . Your NTK can only hold the driver liable. VCS  have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.  VCS has issued an invoice that, by law, can only hold the driver liable, not the keeper. Please note the Protection of Freedoms Act2012(Sch 4), confirmed in Appeal Court judgment VCS v Ian Edward.  I therefore, I require you to cancel the PCN and expunge my personal data from your records.signed*******This is an appeal by the registered keeper - No driver details will *ever* be given. Please do not bother with your known fishing expedition in an attempt to get driver details.  It is known parking firms do this to try and get around the fact when there is no keeper liability in play. (and never can be under POFA)Three weeks later the owner of the car received this:We refer to correspondence received from you concerning the above numbered Charge Notice.Please note that responsibility for this Charge lies with the driver of the vehicle at the time the parking contraventionwas observed. However, we are unable to ascertain who the driver was on the date in questions from the informationgiven within your appeal. In order for us to process your appeal correctly, please follow the instructions below:1. If you were the driver on the day in question, please confirm this within your next correspondence.2. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME (Forenameand Surname) and a valid FULL SERVICEABLE ADDRESS within 14 days.3. If you are representing the driver we require a signed and dated statement from the driver of the vehicle confirmingthat you are authorised to appeal on his/her behalf; this needs to be an original signature and not a photocopy or astamp. The statement MUST contain the drivers FULL NAME (Forename and Surname) and a valid FULLSERVICEABLE ADDRESS.Please ensure that correspondence is submitted through the portal www.myparkingcharge.co.uk in order to correctlyadhere with the appeals process.Is there a templet for a reply / another appeal, or do I just tell them to jog-on?Thank you in anticipation for your help.