VCS & Liverpool Airport 'ticket'

[stevedave]

Hi guys, this is my first post on your forum so hello! It looks like this is a good place to talk about my predicament

 

I know I should have got advice immediately, but I had a read of the site and sent an appeal to VCS. I don't think I did anything too wrong but it got rejected and I have been told to appeal to IAS. I thought I best take a moment and confer with you guys now...

 

As you can see the PCN does not quote POFA and instead invites me to name the driver.

 

On my response I think I made the correct appeals. They then responded claiming that they are pursuing me on the 'reasonable assumption' that I am the driver.

 

So is keeper liability a moot point now that they are pursuing me as the alleged driver? Would you complain to the IAS, ignore, or respond to VCS. And if so what approach would you advise please?

Edited November 26, 2014 by stevedave

[honeybee13]

Hello and welcome to CAG.

 

Hopefully it won't be a problem that you're part way through the process already, the guys really know their stuff. They should be along later, please bear with us.

 

My best, HB

[ploddertom]

I would suggest you load each document separately as a PDF instead of putting them in a ZIP file - remember to obliterate all personal details & identifiers.

[stevedave]

Thanks both, I have now updated with PDF's

[dx100uk]

I was already merging them for you to pdf

 

 

dx

[ericsbrother]

the land is not "relevant land2 under the PoFA so there is no keeper liability.

How did you appeal? did you indicate in any way that you were the driver? If the answer to that is yes, the best you can do is tell us the dates of the breach and when you got the letters and dates of your reply.

[stevedave]

the land is not "relevant land2 under the PoFA so there is no keeper liability.

How did you appeal? did you indicate in any way that you were the driver? If the answer to that is yes, the best you can do is tell us the dates of the breach and when you got the letters and dates of your reply.

 

Hi, you can find all the correspondence in the PDF in my first post. I have not indicated who was driving in any way, but VCS don't seem to be pursuing me as the keeper, rather as the driver.

[ericsbrother]

It is for them to prove who was driving so you can respond by saying that you were not ther driver at the time and that they should desist from any further harassment or risk civil action for the same.

[stevedave]

It is for them to prove who was driving so you can respond by saying that you were not ther driver at the time and that they should desist from any further harassment or risk civil action for the same.

 

 

Thanks ericsbrother, just to confirm... you advise that I reply to VCS directly and don't bother with the IAS?

[ericsbrother]

you have to follow procedure and that means you write to VCS first.

 

The land is not " relevant land" under the PoFA so they can only chase the driver.

 

 

They dont know who the driver was and you dont have to help them identify who it was

 

 

.Deny them that opportunity and make them do the work.

 

 

You dont want to go to appeal you want them to stop harassing you as the law doesnt apply so no point appealing.

 

They dont word their NTK correctly,

it shoudl be specific and they are hedging their bets.

This is wrong.

 

Ultimately they wont take you to court if you tell them that they are in the wrong,

they have many smaller fish to fry.

[Billy's mate]

Presumably VCS are entitled to contact the DVLA for the registered keeper's details.

 

 

As they cannot persue the registered keeper due to the airport not being " relevant land " for the purposes of the PoFA,

surely they are abusing their right in obtaining the keeper's details in this case ?.

 

 

It seems to me that they are obtaining the keeper's details

purely in the hope that the registered keeper will be frightened enough to supply the driver's name ?.

 

 

I would be writing to the DVLA to say that VCS are abusing their right in obtaining keepers details

for alleged parking infringements on land which is " not relevant ".

 

 

As I've said before on here,

there is an ANPR van parked at this airport 24 / 7,

and they hand out tickets like confetti.

 

 

Throw out enough lines and you'll eventually catch a fish.

[armadillo71]

VCS can obtain the RK details from the DVLA as they have ' reasonable cause '.

 

They are not claming keeper liability under the POFA (as far as I can see ), so relevant land is not an issue.

[stevedave]

Yes... at no point have they claimed keeper liability, they are pursuing me as the alleged driver. I know who the actual driver was but I am not going to grass them up to these cowboys.

 

Today I received a Liability Notice, I think you guys call these speculative invoices I will reply and tell them I was not the driver and to cease this harassment as EricsBrother suggested.

 

I will keep this thread updated to hopefully help other victims of this malicious outfit.

[ericsbrother]

if they continue to bother you write back and say that "you put it to strict proof that they identify you as the driver otherwise cease and desist".

[Billy's mate]

Great stuff Stevedave. Please keep us updated as I have friends who live in the Merseyside area and this airport is of particular interest to me.