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Mrs O'Frog

myparkingcharge.co.uk red windscreen card - JLA airport Liverpool

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Quick overview

- booked via Holiday extras overnight stay at Travelodge and Long stay parking for trip from Liverpool airport.

1 of my passengers is 88 with heart failure and another is 71 with spinal stenosis, both with blue badges.

 

 

Parked in a disabled bay but at 6am in the dark and me running around getting a luggage trolley I missed the fact that neither of them had put a BB on the dashboard as requested.

 

 

First I knew I came back to a red card under my wiper from "MyParkingCharge.co.uk".

It clearly says "This is not a parking charge notice" and suggests I go on their website to "View details of the recorded contravention" but I'm dubious about that.

 

 

They also say after 5 days they'll get details from DVLA (long stay carpark - 5 days to reply?)

Mostly I'm reading to ignore these things,

 

 

but could I defend this if they took it to court?

 

 

Here's the detail:

 

1 The date of infringement? 09/10/18

 

2 Have you yet appealed to the parking company yet? [Y/N?] No

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]No

 

5 Who is the parking company?MyParkingCharge (but I suspect VCS from the serial number)

6. where exactly [Carpark name and town] did you park? Liverpool Airport

 

Hope somebody can advise.

 

 

Thanks in advance.

Edited by dx100uk
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yes you've guess right this is VCS or Excel operating at JLA Liverpool

 

the problem here is that the airport land is under byelaw 14

and theres 1000's of threads her about this

 

this red card appears to be another way for them to try an get around the fact that they cant enforce byelaws on land not belonging to them.

the BB fact is immaterial they mean nothing on private property whomever owns it.

 

ive retitled your thread a bit

the experts will be around in the AM.

 

can you scan up the card to PDF?

read UPLOAD


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Thanks, that looks neater! I'll have a go at the scan from the office tomorrow :-)

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Don't worry, the experts will be on in the morning and you won't have to pay anything to these shysters.

 

In the meantime have a look at other threads on the site regarding JLA airport, its bye-laws and the fact that no private company can legally be owed money for parking … not that the (poor) conmen won't try.

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Hi and welcome to CAG

 

 

Myparkingcharge IS Excel...or VCS but they are the trading name of excel.

 

 

I have just had a look at the 'what do they know' site regarding the bylaws regarding the airport. According to the DfT, the bylaws were signed in 1982 and no revocation nor alteration has been made up to the date of the FOI request. 7th March 2018 so I would assume the bylaws are still in place which means that excel/vcs/myparkingcharge would have no interest this is a case where the bylaws have been infringed meaning that any case would have to go to the magistrates court where a penalty would be imposed. This fine goes to the crown.

 

 

This is why the parking company want you to pay them rather than face a court as then they get their payday.

 

 

I can see no harm in checking out the website to see what they have.

 

 

Can you upload the card they left on the windscreen minus any car details. Pdf is best


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Thanks for your reply - hopefully this attachment works

 

I was just worried that if I logged on to look they'd know I'd taken the bait....

Red Card.pdf

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if you wish to PM any siteteam member the details on the card we'll do it for you if you wish.


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Blimey, not a lot to look at is it! It is my belief that they are trying to get around the requirements in their guidance of the IPC. They have confirmed that it isn't a parking charge but it was stuck to the car.

 

 

As it stands, if they obtain the vehicle details from the DVLA before the 28 day period has expired and it is NOT an ANPR ticket where the Notice to Keeper should receive this within 14 days, they would be in breach of the GDPR as they had no grounds to request the keeper info from the DVLA.

 

 

I suspect they are trying it on in the hope of getting a few quid out of the unsuspecting motorist.

 

 

If you do go on to the website and it asks for any personal details before you can see the pictures, DON'T!!


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If you do go on to the website and it asks for any personal details before you can see the pictures, DON'T!!

 

 

Yes that's why I was a bit dubious about even going on the site to look as you have to give serial number from the card and VRN. I'm probably being uber-cautious but I thought if this was just them trying their luck the second anyone logged on to see it, it'd be like the alarm going off on a fishing line and they might just start trying to reel me in!

 

My first thought on seeing the card was "I'll just explain and send them a copy of the BB", then I remembered that I'd heard that parking companies are not renowned for their common sense and fairness.

 

I went to the ticket office on site, clutching a BB, hoping they would just get it scrubbed off the system, but he said "Nothing to do with us, you'll have to contact the company on the card".

 

Having got home I did some browsing it appears an appeal would have fat to no chance of being accepted so as far as I understand it's best to wait for the NTK. Can you confirm if that would be my best course of (in)action?

 

I know we forgot to display the BB, but it's not like the parking wasn't paid for or I was parked sideways over 2 spaces, so the loss to the carpark is zero.

 

Not sure if the fact that my contract is about 3rd hand (Holiday Extras & Travelodge) would have any bearing.

 

Somebody on a similar thread was quoting Equalities Act (ref disability discim I think) but again, not sure if that helps us.

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BB mean NOTHING on private land!!

 

pers id not be doing ANYTHING.

 

await the NTK which must arrive between 29-56 days.

 

there are 1000's of threads here on JLA

you don't need to get photos or anything.

 

the byelaws will kill them dead anyway.


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Not only that DX if they did do court and BB doesn't apply on Private Land, the fact that two occupants of the vehicle had a BB and therefore came under the scope of the Equalities Act 2010, then allowing the vehicle to park in one of the bays unmolested even without a BB on display was a Reasonable Adjustment under the Act. always worth having as a reserve,


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they are stating it is nothing so take them at their word and if you do get a demand through the post come back here and post up what the demand says.

 

Some parking co's like to mix the 2 parts of the law together to try and circumvent the timescales and process prescribed in the Protection of Freedoms Act 2012 that states exactly how and when they should issues certain paperwork.

 

If you get a letter through the post then I would say that this IS a NTD and therefore the chances are they will issue the NTK at the wrong time but wont care.

 

Now, here is a question for you- where in the law does it state that the blue badge scheme applies to private land in England, wales or Northern ireland? It can do so in Scotland but the POFA doesnt apply there or NI so they are still stuffed anyway.

 

So, wait and see what they do if anything and come back here and update in a month even if they dont

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If memory serves me right, the BPA state that cars parked without showing a badge but once proof of the badge is provided, the charge should be cancelled. I know this is an IPC case but I haven't fully read their guidance as yet. The problem is that blue badge cases are voluntary and no member is forced to make adjustments which is why it is pointless to argue with any member of the IPC as all they are after is the money.


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Well, well - impatient little tinkers! Just received the PCN - NTK. Issued 17th, received 22nd.

 

What's my next step please?

PCN - NTK.pdf

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Now, my opinion may differ to others but this is what I feel.

 

 

The fact that this was NOT an ANPR capture and a red card was left on the vehicle which stated 'this is not a parking charge notice' then they are stuffed.

 

 

It should have been that a windscreen notice of a parking charge had been incurred which is obviously not the case. As such the Notice to Keeper (NTK) should have been issued after a 28 day period had elapsed. They didn't do this.

 

 

They have issued the charge on a faulty assumption that they are using ANPR technology where a NTK can be issued within 14 days. This must fail as no ANPR was used.

 

 

It really needs us to bang our heads together to get a firm opinion but mine, at the moment is that the charge was issued wrongly


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yes me too


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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I disagree and also believe that they affixed whatever is just an attempt to circumvent the law.

Excel, Simon Renshaw-Smiths other parking co has done a similar ploy for some time.

 

The law is written in such a way that allows them to do this and likewise they can also ignore the discount period if they decide to send out their demands outside the time allowed in the POFA as they understand that they have not created a keeper liability by doing so. they dont care about that, they just tell lies in court.

 

However, I remember a case where the parking co was told off for this sort of thing and as they had the opportunity to give notice to the driver they were expected to.

 

Now the contents of the red notice are interesting as of course there is no keeper liability until one is created so why are they telling the driver that the parking co is going after the keeper when it is the driver who is supposedly the party to the contract?

 

To me this means that they have made no attempt to communicate with the driver when they had the opportunity and therefore they have failed to mitigate their actions and are thus owed nothing.

 

Now these points dont stand up well on their own (but neither does VCS's actions) and the main point of it not being relevant lamd and no contract for various reasons will see you through but it does go to show what lengths these bandits will go to in an attempt to circumvent the law.

 

There is commentary on mitigating parking charges somewhere on the parking pranksters blog but you will have to look back into the distant past to find it.

Edited by dx100uk
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well done the more you read the stronger we become.

 

it might also help you to start a new thread

and fill out the sticky questionnaire


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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