VCS parking charge - East Midlands Airport

Coupon-mad

No, I don't think you are getting this.

You will not be defending.

OGMJT

Sorry, you're responding way quicker than I am, making my comments pointless by the time I do post. My bad.

Apologies for being a noob.

OGMJT

Could you point me towards some reading material for Airport Byelaws, please? I don't understand why a PPC would operate there if it isn't private land.

Redx

Read that UKPPO thread, it's all explained in there

Airports, ports and railway land are special cases where bylaws apply, so not the same as private land

It seems that VCS have been employed for EMA and also for Southend airports recently, they already patrol RHA and LJLA airports, so read those threads too

Yes it's complicated, so spend a lot of time reading and making notes

These companies are also employed at ports and stations as well

Coupon-mad

Yes, you really need to read the UKPPO Newcastle Airport group thread (the longest one about UKPPO) to understand all this - I won't be linking it as newbies need the skill of searching this forum to get them through to a win at the end.

A PPC would say it is private land, we would say it is not, and by saying you will contest jurisdiction due to the byelaws, you are sending VCS a message that this is one not to bother with, we hope.

And if they then continue then your letter shows that they have accepted the risk of your costs, as you warned them! So you then carry out your threat. No defending it, just getting it hopefully removed from track.

DoaM

You've already been pointed to some info ... search this forum for UKPPO - there's a long, group action thread about it. The same principles apply in your case.

PS ... also, they issued a Parking Charge Notice for a No Stopping offence - think about it .......

OGMJT

Thank you gents/ladies.

Wow! You are all so good at this stuff. I'm still getting used to how these forums work. I'll check out UKPPO now.

Thanks again.

OGMJT

Good day, all.

Sorry I haven't responded sooner. I've been away and didn't want to take this headache with me.

Anyway, I digress... I have read the UKPPO thread as suggested, as well as many others relating to VCS on these forums, Pepipoo and Parking Cowboys. I can confirm that EMA is indeed covered by byelaws which I have read and (hopefully) understand. I have emailed my local MP (awaiting reply) and EMA (not helpful in the slightest) about these PPC's predatory nature and questionable practices. I am going to send VCS a letter stating that I will contest jurisdiction if they continue to harass me for payment, as advised. I just need some clarification on a few things before I do to save myself any embarrassment.

Firstly, am I correct in thinking that VCS can't demand payment for parking contraventions on byelaw land even if the specific contravention isn't mentioned in the byelaws? EMA byelaws don't specifically say "No Stopping", so can VCS claim it isn't one of the byelaws, or is the fact that it is byelaw land and therefore not private land enough?

Secondly, I've read PoFA 2012 and realised that VCS has failed to fully comply as I received the NTK more than 14 days after the contravention date. Unfortunately, I believe the onus is on me to prove it. Is anyone aware of a way to prove when a letter was received? Does anyone know if Royal Mail keeps records of when letters were out for delivery and who the sender/consignee was? I don't see how it would be possible to prove this unless the letter was sent via recorded delivery which, of course, it was not.

Thanks.

nosferatu1001

No, RM do not keep records

Did VCS even suggest they were using POFA? BEcause if they DID, then theyre going for fraud - because the byelaws mean this is not relevant land

Dont lose sight of that.

OGMJT

Hey, nosferatu1001.

VCS did not directly reference PoFA, but I am aware they have to meet certain criteria set out in PoFA in order to chase the keeper for payment if the driver's identity is not disclosed.

Shame about RM. Would have been nice to have a few discrepancies to throw at them.