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PCN Humberside Airport.
Comments
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Just a quick update on this........ I sent and email to VCS Ltd, and I also cc'ed the email to Humberside Airport. The email I finally sent was....
Dear Sirs
As the registered owner of the vehicle Reg, BHJ52HYH I challenge this PCN.
I believe that your reason for the Charge Notice 'parked on a restricted bus stand' is obscene.
If you look up in the Oxford Dictionary, you will find the definition of parked is 'bring (a vehicle that one is driving) to a halt and leave it temporarily, typically in a car park or by the side of the road.' The pictures which have been taken do not show the driver of the car leaving the car at any point. And the car was gone within in 20 seconds. Which by definition of the word is not parking. The only possible action against the driver would be for trespass, breach of bye-laws, or damages (which again neither of these laws have been broken) but only the landowner or occupier could bring such an action.
Furthermore, your unremarkable and obscure signs were not seen by the driver, they are in small print and are unreadable to drivers. Therefore there was no Terms and conditions for the driver to agree to comply with, and no bond or contract was made.
At this moment I refuse to name the driver of the vehicle on said date, and no assumptions are to be made. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.
Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.
For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.
I have kept proof of submission of this appeal, and I have also cc'ed Humberside Aitrport onto this emails as previously advised when phoning Humberside Airport enquiries phone line. I look forward to your reply.
Yours faithfully
Registered Car Owner
I got this email this morning from Humberside Airport
Good afternoon Ms Tinmurth
Further to your email of 5th January.
Airports and their road networks are governed by very strict regulations. Indeed, the road network at Humberside is governed by the same rules that apply to all UK airports.
Vehicles stopping or causing an obstruction on the access roads, no matter for how long, can cause serious problems for airport traffic and emergency vehicles and create a potential security risk. Due to the unsafe parking practices of some motorists, management and enforcement is therefore required. Humberside Airport reserves the right to either carry out this prevention themselves or to contract this out to another party. Vehicle Control Services Ltd (VCS) are contracted to carry out traffic management and enforcement on our behalf.
The signs at the entrance to the airport and throughout the site are of such a size and are of sufficient numbers they give all motorists clear notice that a charge will be levied if they stop on the designated roads or bus route. We do allow a grace period of 30 seconds to allow drivers time to read the signs and pull away. If a premeditated act such a passenger entering or leaving a vehicle takes place, there is no requirement in these circumstances for any grace period before a charge becomes applicable as there is ample notification to motorists prior to entering the restricted zone.
Rules without enforcement are more often than not ignored; as a commercial operation that relies on licences to operate, we have to apply a very tight application of the rules and by stopping in an area where stopping is not permitted, motorists become liable for a Notice as per the Terms and Conditions displayed throughout.
We have looked at the comments from both yourself and VCS and can confirm that on this occasion this charge has been cancelled and you should receive notification of this from VCS.
Can we ask that you utilise the 15 minutes free parking in Car Park 1 for picking up and dropping off of passengers.
We hope this explains our position in respect of the Notice issued to you on your recent visit and we would like to thank you for your custom and hope that you will continue to support the airport in the future.
Regards0 -
like and saved:
Indeed, the road network at Humberside is governed by the same rules that apply to all UK airports.
We do allow a grace period of 30 seconds to allow drivers time to read the signs and pull away.
to be quoted on future 3 second stops at JLA0 -
perhaps they need to stop issuing PARKING CHARGE NOTICES for these roads and actually use the byelaws that are in place , because STOPPING ON A ROAD for a very short time , is not PARKING0
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perhaps they need to stop issuing PARKING CHARGE NOTICES for these roads and actually use the byelaws that are in place , because STOPPING ON A ROAD for a very short time , is not PARKING
http://www.grimsbytelegraph.co.uk/motorist-s-victory-airport-parking-ticket/story-26065375-detail/story.html0 -
We do allow a grace period of 30 seconds to allow drivers time to read the signs and pull away.
Nice one. So, now you can sue VCS for misuse of data (they had no reasonable cause to obtain your data from the DVLA nor process it over a less than 30 second stop). Argue it well and IMHO you can claim a 3 figure sum, risk free except for around £35 court fee on MCOL which you also reclaim:
https://forums.moneysavingexpert.com/discussion/5585388
http://parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-scam-site.html
Counter claim example there - but in your case you would need to not 'counterclaim' but to issue a LBCCC to VCS and the Airport for data misuse, maybe £500 (mid point claim). If you wish, we will help!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Actually it would be the Road Traffic Act which applies to the roads, not byelaws as confirmed by the Airport themselves back in 2015. (Paul Litten, commercial director for the airport)
http://www.grimsbytelegraph.co.uk/motorist-s-victory-airport-parking-ticket/story-26065375-detail/story.html
thanks , I wasnt sure which laws did apply but knew its not this "parking" rubbish , lol
I an happy to stand corrected and am sure you are correct , so the OP should bear the last few posts in mind and maybe counter claim , but the boot on the other foot for a change0 -
Actually it would be the Road Traffic Act which applies to the roads, not byelaws as confirmed by the Airport themselves back in 2015. (Paul Litten, commercial director for the airport)
http://www.grimsbytelegraph.co.uk/motorist-s-victory-airport-parking-ticket/story-26065375-detail/story.html
From the horse's mouth:"The road traffic act is fully in force on all UK airport roads, even if they are classed as private property, which does mean that police can also apply penalty notices and fines to drivers if they deem it appropriate.
Bingo - not relevant land!
And if it's such a security issue, then surely the Polce would have to be involved given the heightened state of security around airports. So why aren't they there doing this job, moving people on, rather than a sneaky man in a van with a cam?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
From the horse's mouth:"The road traffic act is fully in force on all UK airport roads, even if they are classed as private property, which does mean that police can also apply penalty notices and fines to drivers if they deem it appropriate.
Bingo - not relevant land!
And if it's such a security issue, then surely the Polce would have to be involved given the heightened state of security around airports. So why aren't they there doing this job, moving people on, rather than a sneaky man in a van with a cam?
So why aren't they there doing this job, moving
people on
but cam van man sends Mr terrorist a NTK within 14 days of him demise0 -
twhitehousescat wrote: »So why aren't they there doing this job, moving
people on
but cam van man sends Mr terrorist a NTK within 14 days of him demise
By which time the suicide bomber is already in paradise tackling his 77 virgins. Bad luck if they all look like SuBo!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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