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    • 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 spycar PCN Claimform - Zebra Xing no stopping - i had paid for parking, didn't pickup at xing as they alleged - Appeal Rejected - Bristol Airport **CLAIM DISCONTINUED**


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Hello all.

 

I drove to Bristol Airport a few weeks back to pick up my sister and family who were returning from a weekend away. As I was driving to the car park I stopped at a zebra crossing to allow some pedestrians to cross. My sister and her family happened to be crossing so she opened the door to get in. I told her that I couldn't stop here and that I need to pick her up from the car park.

 

She closed the door and walked to the ANR controlled car park (presumably run by the same firm?) where I picked them up, we paid and left.

 

To be clear: I did not drop off nor pick up any passengers. My sister attempted to get in but I told her I couldn't pick them up here and we had to meet in the car park.

 

A while later I was disappointed, frustrated, and quite frankly pissed off when I received a charge notice in the post. I appealed thinking that would be the end of it but have just been sent this email:

 

Quote

Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our
main reason(s) for this decision are as follows:
The signs at the crossing, clearly state "No Pick Up or Drop Off", giving clear notice that the land is private property
and that a Charge of £100 will be levied if vehicles do stop. The above detailed vehicle picked up/dropped off in a
zone where both are prohibited and the driver became liable to pay that Charge.
In your appeal you have confirmed to us that on the date in question, you stopped your vehicle on the access road,
which is an area where stopping is not permitted
We note your comment that you stopped and just spoke to your passengers; however as stated, the signs near to the
location you stopped clearly stated "No Stopping" and warned that if you did so, you were liable for the Charge
displayed.
A review of our CCTV evidence has confirmed that on the date in question, your vehicle stopped for an unreasonable
amount of time on the access road where restrictions apply.
There are over 80 high profile signs advising drivers not to stop and warning that if a driver does stop, a charge of
£100 is payable. The signs exceed recognised industry standards, with some as large as 2m by 1.1m (6ft 6in by 3ft
7in) which clearly state "No Stopping" alongside the nationally recognised Highway Code symbol for a Clearway (No
Stopping). Furthermore, the signage on the approach road is reflective and positioned to face oncoming vehicles and
the text size used is relative to the average approach speed of a vehicle in relation to the speed limit in force at that
location.
We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to
accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the Charge
will stand; photographic evidence which supports this can be viewed at www.myparkingcharge.co.uk.

 

I now have 2 options.

 

1 - Pay the "charge"

2 - Appeal to an organisation called the Independent Appeals Service (IAS) AKA United trade and industry Limited AKA The Independent Parking Committee (IPC) AKA The Independent Parking Community (IPC) AKA Training and Development Academy (TDA)

 

I don't fancy option 1 because I don't believe I've done anything wrong.

 

I don't have much faith in option 2 mostly because their cookie policy and privacy policy on their website don't fill me with confidence that they are a) are in independent ombudsman or b) totally compliant with GDPR.

 

Looking forward to hearing from you.

 

Thanks.

 

Burdened in Bristol.

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Where does anything say it's a fine please?

 

It's a speculative invoice from a vcs spycar.

 

If you look where you clicked the start a new thread button on this forums homepage, you'll see a questionnaire to fill out 

 

Do that please and scan to one mass pdf everything in/out....  bottom line is next time.. do not appeal!! As you've dobbed yourself in as the driver now and lost any protection under POFA2012.

 

Await/if you get a letter of claim

 

use our enhanced google search bo x for

bristol airport.

Or.

No stopping

 

You'll soon get the idea... 

 

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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  • dx100uk changed the title to VCS spycar PCN - no stopping - Bristol Airport - but I paid and lost appeal too!!

thread tittle updated...it is not a fine,...

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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please complete this

 

and scan up all letters etc in/out to one mass PDF after redaction.

read our upload guide carefully please

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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Share on other sites

We have a couple of other VCS/no stopping/airport/zebra crossing threads, and despite all their bluster VCS haven't had the bottle to do court.

 

Your options are not just your (1) or (2), the other option is to ignore their threats and simply not pay.

 

The IAS are crooks.  They were set up by the firm of solicitors most involved with the private parking scams.  The parking association, its appeals body and the solicitors they use - all run by the same people!  No conflict of interest there!  You can imagine how often they find in favour of the motorist - never.

 

As nightnajjers says, read similar threads and you'll soon get the idea.

 

Please let us have the info dx asked for, so we can see VCS's photos and also if they have bothered to follow the law when sending out their tripe, very often they do not.

 

 

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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  • 1 year later...

and?

 

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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Share on other sites

Dropped it?

 

Explain?

 

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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Share on other sites

so they eventually raised a court claim but then you got a notice of discontinuance from simple simon?

 

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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Hi FashBasher,

Dx is asking for more information because it's very unusual for this to happen.

If there is something you've done to "discourage" their claim, it might be very helpful to others in the same position as yourself.

 

Could you please let us have a little more detail about the circumstances of them "dropping" the case?

 

Did you perhaps answer any of the "lots" of letters asking you to "settle before court"?

  • Thanks 1

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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Yes interesetd in why they dropped it VCS usually see thgings through to the end unless its really hopeless, or Simple wants to make a point.

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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I think they must have realised that they didn't have a chance of convincing a judge in small claims court given that they had no evidence of me "dropping off or picking up" (because I didn't), AND I had a receipt for the car park (because I paid for parking there)m - why they thought they had a chance in the first place astonishes me (unless they didn't read my appeal).

 

I had dozens of increasingly threatening letters asking me to give them money. In the end, they served me a small claims notice, I completed the forms and agreed to mediation (but that was cancelled).

 

We were supposed to be going to court in early December but I had a notice of discontinuance sent to me about a month ago.

 

Fully automated racketeering should be made illegal.

 

 

 

 

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  • dx100uk changed the title to VCS spycar PCN Claimform - no stopping - Bristol Airport - but I paid and lost appeal too!!

because sadly more than 85% of people that get a speculative invoice Parking Claimform wet themselves and cough up, worth the fees to raise the claim.

 

now how far did the claim get , did you exchanged WS's or they dropped it before then?

 

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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Share on other sites

  • dx100uk changed the title to VCS spycar PCN Claimform - Zebra Xing no stopping - i had paid for parking, didn't pickup at xing as they alleged - Appeal Rejected - Bristol Airport **CLAIM DISCONTINUED**

Well done another one Simple loses, or bottles out of.

  • Like 1

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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