I received a PCN notice for stopping on a road that I entered by mistake near to Liverpool Airport. I had no idea that I'd entered a controlled area and was turning around at a junction with an incomplete road once I realized I had taken a wrong turn. I stopped there for 32 seconds according to the notice.

Appealed to VCS who obviously rejected it. Appealed to POPLA on grounds that I was at a junction and consistent with highway code/law etc, but to my amazement the appeal was rejected. The video evidence must have shown the road to be clear (apart from some odd looking car with a big camera to my right!).

To be quite honest I thought the fine to be so ridiculous that there would be no way they'd reject my appeal.

What if any options do I have now?

If you had come here when you first received the pcn, then it would have been cancelled.

Can you post up the POPLA adjudication please (redacted of personal info ).

When was the date of the initial event?

Has the driver been identified?

You will probably now have to ignore all the rent a threat letters from debt collectors, that have NO power to do anything.

You do not ignore a Letter Before Acton from VCS or their solicitors.

Thanks for such a quick reply.

I realize with hindsight that I should have looked for advice but didn't really think something so ridiculous would not have been overturned.

Original event was on 01/08/2014

The driver (me) has been identified.

Here's the popla adjudication..... (couldn't attached to post so you've got it as plain text)

PARKING ON PRIVATE LAND APPEALS

PO Box 70748 London EC1P 1SN

0845 207 7700

20 November 2014

Reference: xxxxxxxxxx

always quote in any communication with POPLA

(Appellant)

-v-

Vehicle Control Services Limited (Operator)

The Operator issued parking charged notice number VCXXXXXXXX arising out of the presence at International Business Park, Liverpool, on 1 August 2014, of a vehicle with registration mark XXXXXXX.

The Appellant appealed against liability for the parking charge.

The Assessor considered the evidence of both parties and determined that the appeal be refused.

The Assessor’s reasons are as set out.

In order to avoid any further action by the operator, payment of the £100 parking charge should be made within 14 days.

Details of how to pay will appear on previous correspondence from the operator.

Parking on Private Land Appeals is administered by the Transport and Environment Committee of London Councils

Calls to Parking on Private Land Appeals may be recorded

Reasons for the Assessor’s Determination

The operator issued parking charge notice number VCXXXXXXXX arising out of the presence at International Business Park, Liverpool, on 1 August 2014, of a vehicle with registration mark XXXXXX. The operator recorded that the vehicle was stopped on a roadway where stopping is prohibited.

The operator’s case is that the roadway in question is part of a high security zone and motorists are clearly advised not to stop or wait on double yellow lines, red routes or roadways at any time. The operator submits that the appellant stopped the vehicle where it was prohibited to do so and breached the terms and conditions of using the site.

The appellant’s case is that they were stopped at a junction for 32 seconds whilst turning the car around after entering the controlled parking area by mistake. The appellant submits that they entered the estate in error whilst searching for the Liverpool XXXXXXX XXXX. The appellant states that they believe that there actions were consistent with the UK Highway Code, Section 36 of The Road Traffic Act 1988, Traffic Signs Regulations and the General Direction Regulations. The appellant submits that they were stopped at a junction whilst giving way to traffic and that they were waiting to turn left. The appellant has submitted diagrams to show the route they travelled. I have considered all the appellant’s submissions.

The operator has submitted closed circuit television footage of the appellant’s vehicle on the date of the alleged breach. It is clear that the vehicle is not stopped whilst giving way to traffic as the road is clear.

Considering carefully, all the evidence before me, I find that by stopping the vehicle where it is prohibited to do so, the appellant breached the terms and conditions of using the site. I also find that when on private land the onus is on the motorist to comply with the terms and conditions of the site. I note the appellant’s case, however this is mitigation. Mitigating circumstances do not form a valid ground to allow an appeal.

Accordingly, this appeal must be refused.

Amber Ahmed

Assessor

Thanks for such a quick reply.

 

I realize with hindsight that I should have looked for advice but didn't really think something so ridiculous would not have been overturned.

 

 

Welcome to PPC world.

Original event was on 01/08/2014

 

The driver (me) has been identified.

 

Here's the popla adjudication..... (couldn't attached to post so you've got it as plain text)

 

PARKING ON PRIVATE LAND APPEALS

PO Box 70748 London EC1P 1SN

0845 207 7700

 

20 November 2014

 

Reference: xxxxxxxxxx

always quote in any communication with POPLA

 

(Appellant)

-v-

Vehicle Control Services Limited (Operator)

 

The Operator issued parking charge notice number VCXXXXXXXX arising out of the presence at International Business Park, Liverpool, on 1 August 2014, of a vehicle with registration mark XXXXXXX.

 

The Appellant appealed against liability for the parking charge.

 

The Assessor considered the evidence of both parties and determined that the appeal be refused.

 

The Assessor’s reasons are as set out.

 

In order to avoid any further action by the operator, payment of the £100 parking charge should be made within 14 days.

 

 

No it shouldn't.

 

 

Reasons for the Assessor’s Determination

 

The operator issued parking charge notice number VCXXXXXXXX arising out of the presence at International Business Park, Liverpool, on 1 August 2014, of a vehicle with registration mark XXXXXX. The operator recorded that the vehicle was stopped on a roadway where stopping is prohibited.

 

The operator’s case is that the roadway in question is part of a high security zone and motorists are clearly advised not to stop or wait on double yellow lines, red routes or roadways at any time. The operator submits that the appellant stopped the vehicle where it was prohibited to do so and breached the terms and conditions of using the site.

 

How does issuing a parking charge notice by post',days after the event , help with security?

 

 

 

 

Considering carefully, all the evidence before me, I find that by stopping the vehicle where it is prohibited to do so, the appellant breached the terms and conditions of using the site. I also find that when on private land the onus is on the motorist to comply with the terms and conditions of the site. I note the appellant’s case, however this is mitigation. Mitigating circumstances do not form a valid ground to allow an appeal.

They should do shouldn't they... That is what an independent appeal service should be looking at in any reasonable persons thinking.

Accordingly, this appeal must be refused.

 

Amber Ahmed

Assessor

POPLA only looks at points of law.

As VCS claim you breached their terms and conditions, then the sum they are asking you to pay, MUST be a Genuine Pre Estimate Of Loss that the landowner has experienced

due to you driving up the wrong road, stopping for 32 seconds , then driving away... £100... Really?

I've removed the PCN number from both the original and quoted posts.

I take it that the only course of action left is wait it out and to see how confident they feel about persuading a court that stopping for 32 seconds justifies a £100 charge.

Was originally considering suing VCS or Liverpool Airport for wasting my time once the notice was overturned; as obviously any impartial organisation would overturn such a ludicrous charge!

Expect some debt collector correspondence ... Whom have no power to do anything.... apart from send letters.

I take it that the only course of action left is wait it out and to see how confident they feel about persuading a court that stopping for 32 seconds justifies a £100 charge.

 

Was originally considering suing VCS or Liverpool Airport for wasting my time once the notice was overturned; as obviously any impartial organisation would overturn such a ludicrous charge!

It wouldn't hurt to keep a record of time spent on this and other costs in case you need it some time.

In my opinion I would write back to VCS stating that the charge is punitive and you still require an itmised GPEOL. The land is NOT RELEVANT LAND.

you deny the debt and require this matter to be decided in court. As a denied debt you do not expect to hear from debt collectors or solicitors, you just require the court papers. Any letters that you have to deal with by breach of your demand will be charged at £25 per communication, failure to pay will be addressed in the court system.

Do VCS have to provide me with anything now that the appeal process is complete? If they supplied a GPEOL how could that help me now do you think, by providing some form of defense in court later on?

Are they likely to pursue the case in court? I'm quite intrigued by requiring the matter be decided in court. Does this then compel them to either drop it or go to court?

VCS have been known to take cases to court, however their success rate when they get there is very low. I've not heard of them ever winning a properly defended case. I don't know how aggressively they're pursuing these cases at the moment though. Only thing you can do now really is sit tight and see what happens. You'll probably get some correspondence from Debt Recovery companies but they can't do anything except write to you without a court judgement in place. Opinion is divided on how to deal with these, some may say ignore, others would say to write back simply stating "the debt is denied".

It would be interesting to see their GPEOL breakdown. £100 for 32 seconds. How would they try and justify that I wonder, wear and tear on the tarmac?