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    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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VCS PCN - no stopping - spycar pix - Robin Hood Airport, Doncaster


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Hi there

 

I would appreciate some help with this. 

 

My Mum received the above described NTK and I've been trying unsuccessful to figure out how to approach this and not gotten very far. 

Now she has to decide by tomorrow whether to pay the reduced fee or otherwise how it will be dealt with. 

 

My Mum stopped on a road near the airport.  I've asked her how long she stopped for and she says she doesn't remember, but then one time she did say it might have been about 10 minutes?! 

 

My Mum does get quite confused sometimes, so I really don't know... 

The images are all taken within a minute of each other.  

 

The NTK does state that they have the right to 'recover from you, the keeper, any unpaid balance of the parking charge'.  

 

I'm not sure if bye-laws apply here or even how they apply and what it means. 

 

Please note that the photographs could appear that she was causing an obstruction, so that needs to be considered.

 

Thanks in advance

 

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woe slow down

there is no time limit she has to abide by

all airports are covered by the relevant byelaws with trump silly speculative invoices

 

there are 100's of threads here on no stopping 

 

please complete this

and scan up the NTK bothsides to ONE multipage pdf

after carefully redacting any pers info the could ID HER 

 

read upload.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to PCN - no stopping - doncster airport

The PCN is a Parking Charge Notice and not a Penalty Charge Notice also a PCN but that is usually used by councils for over staying your time when you pay at the machines and some private car parks.

 

You need to ask the airport staff for confirmation that they can charge for this as it is private land however, if they can do this then you have a right to appeal which should be set out on the PCN you have been issued with.

 

My Brother has fought 74 Parking Charge Notice tickets for parking on private land and he has won:::::::::74

I think he uses the name TickyMicky

 

I'm a newbie here but I will try and contact him tomorrow by text or email

DiecastDave

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its come from excel or vcs nothing to do with the airport authority

 

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No way should she have to pay a bean, VCS?Excel or whatever suit Simon has on today, cannot do anything about a stopping event, it isn't parking and is covered by Bye laws. There are quite a few threads on here regarding VCS and their bogus Airport parking by stopping shenanigans.  If they did try court they have no Locus Standi or lawful cause to ground an action.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thanks for all the help so far.  Please find the information needed below:

 

1 Date of the infringement 20/10/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 24/10/19

 

3 Date received Last week, not entirely sure which day

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  Not specifically

 

5 Is there any photographic evidence of the event?  Yes

 

6 Have you appealed? [Y/N?] post up your appeal] N

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? VCS Ltd

 

8. Where exactly [carpark name and town] Robin Hood Airport, Doncaster

 

For either option, does it say which appeals body they operate under. IAS

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here No other correspondence received

 

I don't have a scanner.  I've taken photos of the NTK, but trying to figure out how to edit the personal info and merge them into one pdf...I'll upload as soon as I can.

 

 

 

Sorry I'm struggling to upload the 2nd page due to the maximum total size.

 

 

Thanks dx.  Hopefully this works ok.

NTK-min.pdf

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  • dx100uk changed the title to VCS PCN - no stopping - spycar pix - Robin Hood Airport, Doncaster

So they are DYLs that she stopped at. As a general rule:

 

1) On private land DYLs have NO meaning and are unenforceable (unless specifically part of a contract agreed to).

 

2) On public highways they are enforceable by the RELEVANT AUTHORITY. That means the boys in blue or a LA officer (traffic warden as was), but NOT VCS and their ilk.

 

Now land around airports is 99.999999% covered by Bye-laws regardless of anybody claiming ownership, private land or whatever. Bye-laws are enforced by the RELEVANT AUTHORITY (as 2 above). If VCS were feeling especially generous they could pay to raise a private claim against your mother, but they would have to be nuts since anything she had to pay (if she was found guilty) would go to the crown and not to VCS, since it's not a civil matter.

 

Technically, what she has is a spam letter. VCS are hoping she doesn't understand that this is nowt to do with them and coughs up. Much the same as the occasional emails telling you that a long lost relative has left you a gazillion dollars in their will, so please send us $300 to get the bank draft drawn up. At best it's an offer to pay them to avoid prosecution, but what are they going to do? Grass her up? Lose money prosecuting her themselves? Nah, neither.

 

Just keep quiet and sit on this, ignore them as you would that spam email. They will probably send her ever more scary letters, but as long as she doesn't give their fishing line a tug, they may just give up and look for an easier target. The only time to respond is if she receives a letter before claim or a claim form from Northampton. At that point we can help her with a suitable scathing response.

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To simplify the above and add to it, "no stopping" isnt an offer to park so no contract ca be created by such an offer as the only way of forming the contract is to break it. As saqid, the land ios covered by its own byelaws and these have nothing to do with VCS. they also use methods to capture their evidence theat are in breach of the rules for operating or managing car parks.

They will make a lot of noise and may even be tempted to sue your mother for this supposed debt but they will lose as long as the claim is defended popinting out the well known truths of no locus standi and no offer and consideration to form a contract

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Do NOT appeal, as you then ID the driver, you don't want to do that as the protection of POFA is lost, however as Mrs O'Frog and ericsbrother indicate VCS have no jurisdiction here, sit on it until you get a Letter Of Claim, then send VCS one of ericsbrothers snotty letters pointing out that you and they know they have no Locus Standi, and no contract to claim diddly squat.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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