VCS PCN May 2016 Liverpool John airport PCN. now BW letter

[No1toonfan365]

Can someone please help me.

 

i have received a letter off BW legal.

 

I pulled up for a few seconds to let me friend in and like you received a fine.

 

I ignored the letters and now am upto BW legal stage.

 

And saying about court proceedings if I don't pay can someone please tell me what to do?

 

Do I pay up?

 

I shouldn't ignore it but don't know what to do.

[No1toonfan365]

Can someone please help me?

 

 

I picked my friend up from Liverpool John airport after Liverpool played sevilla.

I was parked up and waited for him which was fine,

 

 

when he arrived I went round to him to pick him up.

He was stood near the round about and I pulled up safely not realising that there was a car taking pictures fining people.

I pulled up for a few seconds to let me friend in.

 

A few days later I received a fine from vcs .

 

 

I ignored the letters after reading some threads on here and now am upto BW legal stage.

 

 

Now they are mentioning about court proceedings if I don't pay, and warning me of ccj.

 

 

Can someone please tell me what to do? Very worried. Do I simply just pay up?

 

They are asking for 154 pound.

[Bazooka Boo]

No you do not simply pay up, BUT you DO NOT ignore them either.

 

Ericsbrother will be able to give you better advice than me, but,

 

Date of alleged offence, date of NTK,

[No1toonfan365]

Sorry for asking whats an ntk? And 19th may 2016 and recieved another letter yesterday.

 

It says it needs paying before 30to October to prevent legal action being taken

[Bazooka Boo]

NTK= Notice to keeper.

 

Who said it needs paying by the 30th?

 

Did you ever appeal this with VCS?

[No1toonfan365]

Where do I find that ntk?

I have the letter from BW legal in front of me.

And no I never appealed.

 

I read some posts on here which were similar to my experience and going off the advice given I ignored it and here we are,

 

B W legal stage and don't know what to do.

BW legal say it needs paying by 30th October.

 

In the letter at the end it states that if we do not receive payment of the balance by October 30 2016.

 

They will place me on notice that will.commence legal proceedings for the recovery of the balance without further notice.

[dx100uk]

1st IT IS NOT A FINE

its a speculative invoice

 

 

2nd

send the one line denial letter to BW legal

available by reading any BW legal thread here

 

 

I've moved you to the private parking forum too.

 

 

dx

[Oddfellow]

The Notice to Keeper (NTK) is a letter that VCS are required to send to you, as the Registered Keeper, within 14 days of the alleged incident (that timeline being because they used a camera rather than a windscreen ticket or parking charge notice (PCN)).

 

 

The intent is that you will then either (a) cough up, or (b) identify who the driver was, if it wasn't you.

 

They have to do this under a piece of legislation called the Protection of Freedoms Act 2012 (POFA),

and if they don't follow this to the letter of the law,

their claim against you will not be lawful, and you have a good case to get off.

 

Contributors like ericsbrother will doubtless get involved on your case,

and will give you a whole host of ways by which their claim against you may be unsuccessful.

 

Advice from an interested amateur: LISTEN TO THEM, and DO AS THEY SAY!

 

But they will expect you to do a bit of research off your own bat,

by reading lots of the other threads in this forum (and other websites such as the Parking Prankster).

 

 

My two penn'orth on your case: How the **** could they think you were parked while picking someone up? What contract could you have formed to be in breach of??

 

 

Anyway, good luck with everything. Stick with it, and listen to the guys!

[No1toonfan365]

Thank you so much for your advice where do I find this private parking forum or am I in it? And do I private message ericsbrother? Thanks again

[No1toonfan365]

I have read up different things but still need to know my next step. Is my next step the one line denial letter

[dx100uk]

yes and that's all

 

 

dx

[Oddfellow]

Thank you so much for your advice where do I find this private parking forum or am I in it? And do I private message ericsbrother? Thanks again

Yes you're in it. But private messages are against site rules. Just wait for them to respond (as DX has done) then reply.

[honeybee13]

Hello there. Here's a link to the forum stikky that has advice on posting here and an explanation of the abbreviations used here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?168275-Posting-in-this-Forum-and-A-Z-of-Motoring-Terms

 

HB

[ericsbrother]

Liverpool JLA has its own byelaws, like docks, harbours and railway property.

This means that if you breach these byelaws you may be prosecuted.

 

 

The govt get any money levied as fines so the owners of JLA entered an agreement with VCS to make up some new rules that sees them issuing charges for all sorts of things and they get to keep the money themselves (VCS getting the lions share)

 

 

The only problem with this wheeze is that it is not enforceable in law.

Essentially you are offered a unilateral contract by way of the signage displayed at the site.

 

 

In theory this means you are given the opportunity to read and digest this information and then decide whether you want to enter into a contract with them and be bound by its terms. they normally ahve som guff like " by entering this land you agree to the contractual terms".

 

Well at JLA this raises a couple of problems for them,

1 as the land is covered by its own byelaws these have supremacy over any contract offered by a cowboy parking co and

 

 

also the signage itself at JLA doesnt actually offer a contract,

cannot be read by a motorist entering the site

and even says that stopping ( to read the sign) is a breach of contract so is unenforceable.

 

 

The letters that VCS send out do not fulfil the requirement of the law governing parking on private land because it doesnt cover airports and VCS dont bother to use the correct wording anyway to create a keeper liability.

 

 

In short,

if they make a court claim any defence that mentions any of these points will prevail as they dont actually have a legal leg to stand on.

 

 

BTW a sign saying no stopping isnt a contractual one, it is prohibition.

You canot enter into a contract whereby you agree to break it from the outset so they are wrong on the very core of their claim

 

So what to do

- Respond to BWL letter and state that

"there is no keeper liability in this matter and in any case there has been no breach of the byelaws covering the land and your client has no locus standi. Any further action will be vigourously defended as being vexatious"

 

Being just plain wrong and stupid doesnt always stop them though,

they are greedy and arrogant as well.

 

 

let us know if you get any more letters after you send this one.

[Bazooka Boo]

Brilliant!

[No1toonfan365]

Am sending it off today should I be as short as what uou have just said there?? Thanks for the help and advice really appreciate it everyone

[dx100uk]

yes as stated in post 6 and post 13 above

[ericsbrother]

That is why the words you should use are in the inverted commas, it makes the point and cannot be misconstrued.

Anyway, they dont deserve any more ink than that