Free Traffic Legal Advice

In order to transfer liability from the unknown driver to the registered keeper, the Protections of Freedom Act 2012 has to be complied with. One of the requirements is for a notice to reach the registered keeper within 14 days of the alleged infraction, and there may be a presumption of delivery two working days after the issue date; clearly if the issue date is too late there is definitely a failure to comply. However airport land is usually covered under byelaws which makes the land not “relevant land” for the purposes of PoFA 2012 anyway.

From https://www.norwichairport.co.uk/car-park-terms-conditions/

Quote

2.5 The use of the car parks is regulated by Norwich Airport byelaws under which a penalty may be payable for failing to comply with these terms and conditions or the requirements of the relevant order or byelaw.

Yes - this is normal VCS cow poo for airport areas / access roads etc.

There is no legal basis for claiming a contract between any driver and VCS as the driver was likely unaware that any 'contract' was ever being offered in the first instance - a contract cannot be formed unless there is clear intent on the part of both parties to form that contract.

As a result this Charging Notice is virtually unenforceable but this will not stop VCS from trying so you'll probably have to jump through the hoops.


In your initial post you imply that you were not the driver - this means that you can simply write and tell them that you refute the charge since you were not the driver.

Additionally, there is no requirement in law for you to identify the driver to a private parking contractor.



Template used and appeal lodged, will keep you in the loop.
For note, there is a "reasons" drop box that is mandatory, unfortunately, the reason for my appeal is not facilitated in the available reasons within the drop box, so I chose an appropriate one (lack of signage) and then filled in the appeal blank space with template above and reason for choosing that drop down within reasons box.
Hope that makes sense?

You could simply reply with the following;


Charging Notice Number -

To whom it may concern,

I write in relation to the above Charging Notice which I recently received.

Unfortunately, I was not the driver at the material time.

I understand that there is no legal requirement for me to provide further information to you and I will not be doing so.

After taking advice, and not withstanding the above, it's my understanding that there is no viable contract between VCS and the vehicle driver which would allow you to send a speculative invoice.

I am sorry that I am unable to help you further.


Best wishes,

xxxxx xxxxxxxx