VCS PCN spycar capture - claimform - no Stopping in Restricted Zone - Bristol Airport ***Claim Dismissed***

[m1n1me]

Good afternoon

- I've received a parking charge notice from VCS

- grateful for any advice

 

- do I ignore/appeal?

Can VCS enforce the restricted zone in this way, covered under bylaws (I think)?

 

Driver didn't notice signage, vehicle wasn't actually stopped by double red lines (as pictured)

 

1 Date of the infringement 25/11/19

2 Date on the NTK 29/11/19

3 Date received 4/12/19

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? No

7 Who is the parking company? Vehicle Control Services (VCS)

8. Where exactly Bristol Airport - on "privately operated access roads", just outside car park barrier, not car park itself - stopped for 5 seconds to pick someone up, didn't pick them up and drove away when the camera van arrived.

Operate under IAS

 

Thanks in advance!

 

 

 

[honeybee13]

Hello and welcome to CAG. Thank you for the information, it will help the guys to advise you. Please don't do anything until they've had a look and possibly asked questions.

 

While  you're waiting, you have other VCS airport threads for Liverpool and Southend, possibly others. It would be worth a read to understand how they operate.

 

Best, HB

[dx100uk]

stuff and all they can do

 

there are 100's of no stopping PCN threads here

have a read of a good few

use our search top right.

 

only ever respond if they send a letter of claim.

 

 

[ericsbrother]

usual VCS chiselling and lies. 

read all about airport parking and prohibitive signage, grace periods etc and you will see what is wrong with this demand.

 

DO NOT respond to it,

get all of your info first and let them waste their time and money chasing you to no avail.

 

they know tey are wrong but hope you are one of the 85% who pay up

[m1n1me]

Letter received by registered keeper to say that due to "an administrative error" the incorrect contravention reason was on the PCN and that a new one would be issued - seems very suspicious to me.

 

Is there a time limit that the "replacement" PCN would need to be issued?

[honeybee13]

Interesting question, I don't remember seeing a PCN being reissued on a thread here. Sit on your hands and wait to see what the experts think, please.

 

HB

[ericsbrother]

they cant, against the POFA and also a breach of the GDPR as it means they have lied to the DVLA about why they have asked for your details.

 

Show us the new version by all means but it will be too late for them to even contemplate claiming a liability against the keeper.

 

Still simple Simon is a greedy liar who holds the law in contempt so dont be surprised if they do try and bully you into paying them.

 

All of this still doesnt change the basic facts though, there is no parking contract offered and the land is otherwise covered by byelaws

[dx100uk]

its appear SRS has had some bad news about being able to issue speculative invoices for no stopping on byelaw land?

[ericsbrother]

You mean it has now been drilled into his thick head that he is just plain WRONG?

 

If hundreds of people complained to the ICO and DVLA about this co and this con in particular I'm sure that action would be taken

[m1n1me]

Subject Access Request submitted to the DVLA with one going to VCS as soon as they give up persuing this too...

[dx100uk]

to what point?

 

[ericsbrother]

dont waste time and money on writing to VCS, you know what they know already and contacting them will only make them think that you love them and will pay them if they tell you another lie.

 

It isnt a SAR to the DVLA, it is a specific request as to who has accessed your keeper details and for what given purpose. the idea of this is so you can make a comaplaint about the laxity in allowing these bandits free rein when you can show that they lied to get your address.

Being specifi will speed things up and get the message across

[m1n1me]

VCS being completely ignored

 

DVLA SAR partly out of interest, but more specific request will be sent if needed to get the information I need.

 

Thanks for everyone's comments/replies so far.

[ericsbrother]

your problemis it wont be on the SAR response

[m1n1me]

New letter received - should a response be sent yet or still hold fire? Thanks!

 

VCS passing to debt management team.pdf

[honeybee13]

Sit on your hands. They're trying to make it sound scary, hence the red ink. We call them threatograms.

 

The only thing to reply to is a Letter Before Claim/Action or a court form.

 

HB

[brassnecked]

If they did start proceedings after the 14 days, wouldn't they be in breach of the PAP anyway.  The £60 debt collection fee is unlawful, anyway as only driver not keeper can have anything else added to original charge.

[ericsbrother]

the law is the same for all of these airport charges, they are not " relevant land" so  a keeper liability cannot be created and as the signage is prohibitive in nature there is no genuine offer of parking terms so the amout claimed is an unlawful penalty.

VCS make a lot of money this way and not a penny is legit so they will say and do anything to avoid the truth being widely known

[m1n1me]

Hi - letter of claim received yesterday - what next? A letter to point out the byelaws as per Hellabubba's post? Should anything else be included?

 

Thanks in advance!

 

 

[dx100uk]

yes snotty/insulting letter time....

though im not sure exactly what the abridged version was they sent

but anyway..post yours up here 1st...

 

dx

[ericsbrother]

I would just tell them:

I know that you know you are talking out of the wrong end of your alimentary canal and will say anything to earn a dishonest quid but I will state that There is no debt becasue there was no contract to breach by anyone, let alone the keeper of a vehicle that was driven on land that is covered by its own byelaws that trump your (useless and invalid) signage.

Now what about paying me the £500 now due under VCS v Phillip, Liverpool CC  dec 2016 for you unlawful processing of my data.

[m1n1me]

Here's the draft wording for the letter - thanks for everyone's help.

 

Once its ready - who should it be addressed to? Directly to Simon at the registered address?

 

NOT PAYING!
Dear Simple Simon,
I can use bold red letters too...
I will not be paying the sum of £160 you demand. I know you’ve heard the points in this letter many times before, but it is obvious from various online forums that it does nothing to the way VCS conducts business, hoping that people will just pay up without doing their research – I am not one of those people!
a. There is no liability in this matter as Bristol Airport land is covered by its own byelaws and therefore not subject to POFA 2012.
POFA 2012 is clear:
3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than-
(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b)a parking place which is provided or controlled by a traffic authority;
(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
Airport land covered by byelaws (statutory control) falls under 3(c) and is therefore exempt from POFA 2012.
b. The NTK does not clearly specify the relevant land on which the vehicle was stopped. Schedule 4 of POFA 2012 specifies the meaning of ‘relevant land’.
c. The NTK does not state how long the vehicle was parked for. The period of parking cannot, and should not be assumed from the CCTV images, as the latter only show the time the image was taken.
d. Signs stating “No Stopping” is not an offer of a contract, but a Prohibition, and no contract can ever be formed or exist for Prohibitions. There has been no genuine offer of contract, so a contract has not been breached. In order to read the sign, drivers would need to stop and consider the offer.
In addition to this, the POFA limits any charge to the specified sum, so your demand for £160 is ridiculous.
As VCS have a history of losing in court for this same subject time and time again, I suggest you cease this aggressive and unprofessional process.
Should you decide to continue then I shall be pursuing a full costs recovery order for unreasonable behaviour and then seek damages for breach of the DPA as per VCS v Philip, Liverpool CC Dec 2016.

 

[FTMDave]

Yes, send it to Simon Renshaw-Smith at VCS's address.

[m1n1me]

Received the date, and the fact it was VCS for alleged "Breach of terms and conditions of a private car park" on the SAR response. Initial complaint sent to the DVLA before escalating to ICO.

Edited March 16, 2020 by m1n1me

[ericsbrother]

by doing a simple SAR you jabe not asked the right questions. It has been made clear what you need to ask ad not to accept this rubbish response. Dont waste your time goping to the ICO as they wnt do anything because they wont know what you are on about.

Now back to the DCVLA with a COMPLAINT and demand to know WHO and WHEN, they are the importnat bit, the why you already know is an anodyne lie that the DVLA is a party to to make money themselves

If you have the date they applied for your details post it up.

Edited March 16, 2020 by ericsbrother