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Another JLA VCS thread
scubadoo
post Thu, 13 Sep 2018 - 12:44
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Hi All

Those wonderful people at VCS are at it again. I was anticipating this and was reading websters thread with interest. I see the proceedings have been adjourned for a period of time.

So here is the situation.
I have just received this PCN and not responded to it at all.

The driver did park up at JLA in Car Park 2 because the son was delayed due to the queue at passport control. The son called to say he was out but couldn't find the car park 2. The driver paid for his car park ticket as the driver was there for longer than the free 40 minutes and went to find him. However by that time the son was walking towards the driver. The driver honestly didn't realise that the road next to the entrance to car park 2 was monitored by Dick Turpin and his band of robbers but the driver couldn't see the sense in driving back to the car park and parking up again and was not sure if it would give the driver another 40 minutes due to the ANPR system it has.

What would you wonderful people recommend is done with this?

https://www.dropbox.com/s/8te7kysy5sx06r8/B...000263.jpg?dl=0

This post has been edited by scubadoo: Thu, 13 Sep 2018 - 16:25
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post Thu, 13 Sep 2018 - 12:44
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ostell
post Thu, 13 Sep 2018 - 13:21
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Edit your post so that the identity of the driver cannot be inferred. Use "The driver....." etc. Remove the PCN number from your image.

You could point out them that as this land is subject to byelaws or RTA enforcement then it is not relevant land for the purpose of holding the keepr liable instead of the driver under Schedule 4 of The protection of Freedoms Act 2012.

You could also point out that although they have mentioned period of parking this was not parking, this was simply a loading event which is not parking. POFA does not apply to stopping only parking.

There is currently a court case at the moment about stopping at JLA. This is VCS seeing if they can win despite losing many times because of the byelaws.
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scubadoo
post Thu, 13 Sep 2018 - 16:35
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Thanks Ostell

Edited the post now and edited the PCN. From what I have read I assume I have to acknowledge the receipt of the PCN but it makes sense to see what happens with the court case.
There is so much activity around this at the moment, its a little confusing as to what the best course of action would be now.
Can anyone help with next steps

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cabbyman
post Thu, 13 Sep 2018 - 17:11
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You don't have to acknowledge the 'PCN' which, in truth is little more than a speculative invoice.

What does the back say about appeals? Please post the back of the PCN here, making sure ALL identifying detail is redacted.

I'm thinking about sending a strong appeal based on Ostell's suggestions above but towards the end of the appeal period. My thinking is that, by taking maximum time to move yours to the next stage, you may eventually get lucky and get a result on Webster's case to use.

Draft your appeal and post here for fine tuning.


--------------------
Cabbyman 10 PPCs 0
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kommando
post Thu, 13 Sep 2018 - 17:44
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Are you getting confused with the terminology or do you have an actual claim from Northampton, its these claims that require acknowledgment to give an extra 14 days to submit a defence. A PCN needs to be appealed as per Ostells post and timing as per Cabbyman to drag it out past the court case conclusion.
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scubadoo
post Thu, 13 Sep 2018 - 21:10
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Rear of the PCN is here https://www.dropbox.com/s/nirmxaoie6juuzg/B...000264.jpg?dl=0

I'm confused as to what I need to do next. There is time as the PCN was only received today. So the PCN needs to be appealed, right? using the link on the rear. I have until the 24th to appeal the PCN and the moderator on the facebook group says she's helping out with the case next week and will know more by the 20th so I guess I can wait until then. However, any interim advice will be gratefully received
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ostell
post Thu, 13 Sep 2018 - 22:13
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You appeal against the PCN but leave it as late as possible, hopefully the current case will be decided. Use what I suggested above, do some reseaarch in other threads but post your appeal her for critique first before you send.
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