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VCS parking charge - East Midlands Airport

OGMJT
OGMJT Posts: 15 Forumite
edited 13 September 2019 at 7:16PM in Parking tickets, fines & parking
Hello,

I will start by admitting that this is my first post on any forum EVER. I apologise in advance if I appear absolutely clueless about how things operate here. Please feel free to direct me to other threads that have already answered my question.

I'll try to keep this brief. I received an NTK for stopping in a "No Stop" zone at an airport. I refused to pay the charge on the grounds that the driver (who works at the airport) had parked to buy some goods from a nearby shop and had not noticed the PPC's warning signs. The PPC rejected the appeal, as expected.

The driver returned to the location of the supposed infringement to gather evidence when they happened to bump into one of the PPC's CCTV vehicle operators. The driver questioned the PPC employee about the situation, to which the employee explained that they aren't supposed to go after people who work at the airport. He went on to suggest that the driver write a letter to the PPC explaining that they are an employee at the airport and that they had only parked to use the nearby shop (providing a receipt as proof), which should result in the charge being dropped. Unfortunately, the driver didn't record the conversation and the PPC employee didn't wish to provide their name. The driver did take note of the Vehicle Reg. though.

My question is, should I send another letter explaining that their own employee had told the driver exactly how to appeal to have the charges dropped (I hadn't mentioned this in my first letter) or does the lack of recorded evidence make it pointless? The PPC is a member of the IPC, and I've read that appealing through IAS is a waste of time.

Any advice from you veterans will be greatly appreciated.

Many thanks.

(P.S. If I were to complain to a local MP about this PPC, would it be better to write to the MP who covers my home address or the MP who covers the area where the supposed parking violation occurred?)
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    You write to your own MP first

    Which airport ?

    Which PPC ?
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 14 August 2019 at 2:53PM
    All sounds very strange

    How do the TV operators know whether the driver is in the employ of the airport/a contractor/employee of the shop etc etc

    See what your HR department say about this
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the airport is your employer and there are (unwritten) agreements between them and the PPC that employees are not to be targeted, then get your employer involved in getting this rescinded (speak to your HR department as a starting point).

    However, have you considered the ever-so-slight possibility that the PPC employee might have seen a potential conflict about to erupt and rather cleverly slipped you a fob-off line, which you swallowed in one? :cool:
    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 Street
  • OGMJT
    OGMJT Posts: 15 Forumite
    PPC is Vehicle Control Services Ltd. at East Midlands Airport.

    I agree. It is strange. I have no idea how the CCTV operator could determine who works at the airport by their vehicle alone. I doubt they could, but those are the words they spoke.
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 November 2019 at 3:35PM
    He went on to suggest that the driver write a letter to the PPC explaining that they are an employee at the airport and that they had only parked to use the nearby shop (providing a receipt as proof), which should result in the charge being dropped.
    He lied, this was not a way out. That was VCS' way of getting you in a trap, admitting to driving and blithely blabbing about 'popping to a shop' which is no defence at all.

    If this is VCS at an Airport then read tons of VCS Airport threads to learn how important it is to know to CONTEST JURISDICTION and NOT acknowledge the claim when they serve one. Contesting jurisdiction involves an application and £100 fee to the court that you would be asking the court to order to be paid by the Claimant, or suing VCS for your loss. It is likely to stop the claim in its tracks, we believe, from UKPPO Airport cases we've seen here.

    (NB: PROBABLY THE 'CONTEST JURISDICTION' ARGUMENT IS NOT WORTH TRYING IN RAILWAY CASES, BECAUSE VCS HAVE BEEN USING A CASE ABOUT TAXIS AT RAILWAY SITES THAT CONVINCES JUDGES).

    If it were me I would write to VCS now and tell them the above (and that you were an employee, if you like) but the main thing is to tell them that if they try a claim you WILL contest jurisdiction and that this letter serves as fair warning that by proceeding to court they accept the £100 charge you will be seeking for the court to order that VCS refund.

    Show us your draft wording first, no saying you 'went to the shop'.
    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 THREAD
  • OGMJT
    OGMJT Posts: 15 Forumite
    Umkomaas, the driver doesn't work for the airport, they work at a company who share the airport, so I'm not sure if there would be an agreement in place. They could certainly enquire with HR though.

    The discussion was calm between both parties, but yes, they may have felt put on the spot and told the driver what they wanted to hear. I'm guessing there is no point mentioning the conversation to the PPC then?
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'm guessing there is no point mentioning the conversation to the PPC then?
    None whatsoever. Coupon-mad's advice is sage.
    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 Street
  • OGMJT
    OGMJT Posts: 15 Forumite
    Coupon-Mad, thanks for your response. Most of that has gone straight over my simple head, so will need to do some research. I should note that at no point have I divulged the identity of the driver. They only have me as the registered keeper.
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You are simply telling them you will contest jurisdiction if they try a claim and will hold them liable for the £100 fee.

    You would be 'contesting jurisdiction' as this is either public highway or byelaws land (not private land) and due to the Airport Byelaws, the small claims track is not the right place to hear the case.

    The wording is in the UKPPO Airport group thread near the start, and it WORKED.
    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 THREAD
  • OGMJT
    OGMJT Posts: 15 Forumite
    Coupon-mad wrote: »
    blabbing about 'popping to a shop' which is no defence at all.[/I]

    The defence is that the driver hadn't noticed any signs.
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