EMA BP garage demand for payment

Polka1973

Hi

I have read the Newbie thread and also searched the forum to find a situation similar to the one we are in - I could not find anything relevant.

My husband received a demand for payment from VCS for 160 pounds - we did not receive the first letter for a demand of payment for 100 pounds, and a debt collection of 60 pounds was added.

The "offence" was to allow my brother in law to leave the car and walk to East Midlands Airport whilst my husband pulled in to fill the car with petrol. The intention was not to misuse the petrol station land for this purpose, but to fill the car with petrol.

Payment is now demanded, as have apparently we have missed the date of appeal.

Parkingeyecharge.co.uk is the website for payment to be used for payment.

They have pictures on the website of my husband filling the car with petrol and his brother getting out of the car and then another of him beside the car with a bag over his shoulder.

Its states the contravention is: stopping to pick up and drop off in a restricted zone.

This is not a parking offence - my husband is seen filling the car with petrol.
There apparently are signs stating no drops offs or pick ups can happen at the garage- but he did not see them - or look out for them - as why would he? He went in to fill his car with petrol.

It was his brother's idea to walk to the airport - to save my husband the bother of driving him over to the drop off zone.

This demand for money seems so ridiculous on so many levels.

Any advice about the legality of this? How can a contract for selling petrol include prevention of passengers leaving the car to walk off the petrol forecourt?!

Could we argue that my husband could not physically restrain his brother and keep him hostage in the car to prevent him from leaving? They are also assuming that my brother was planning to walk to the airport. He might have just fancied some fresh air.

Seriously - should we just ignore? This is what my husband would like to do. I previously used this forum to appeal a previous EMA parking fine - and would value thoughts.

Coupon-mad

Parkingeyecharge.co.uk

Can't be, it's not ParkingEye.

Search the forum for VCS Airport and you will find similar threads because no appeal works, but they are winnable in court.

Redx

you say you found nothing similar , yet this thread below has been debated recently , same place , same VCS (nothing to do with Parking Eye though)


https://forums.moneysavingexpert.com/discussion/6066339/ema-bp-petrol-station-pcn-from-vcs


appeal once , as keeper , using the blue text template , then ignore

Polka1973

I did see some of these threads

I may have misunderstood - but this situation appears different.

Firstly - their evidence shows that the car was being filled with petrol - my husband was therefore not stopped any where he should not have been.

I also have a further question. I found the contract that DVLA uses for the KADOE service. This, from my understanding, implies the data from DVLA data is supplied for purposes of parking fines. How can filling your car up with petrol be considered a parking infringement.

I am wondering if the use of DVLA data for this purpose is illegal and something that needs to be taken up with the DVLA and their information governance procedures.
I am sure they will not be wanting to fall foul of this.

KeithP

Why not ask the DVLA what reason the PPC gave for requesting the Registered Keeper's data?

From time to time Umkomaas writes:

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident.

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge.

Even though you email your request, the DVLA will respond via Royal Mail.

I suspect the PPC told the DVLA it was for a parking event.

Redx

I am sure that the DVLA will fob you off with excuses such as reasonable cause , plus access to the Keeper details in order to ask who was driving , they always do

I doubt that it's illegal , the topic has been done to death over the years

The PPC can issue an invoice for anything they like , it's an unregulated industry

Your husband is welcome to argue his case before a judge , plus he can argue about bylaws and jurisdiction issues , magistrates court etc , plenty to get his teeth into

We understand your frustration , if only it was so easy to understand and deal with

We have been coming here for years and there are no easy answers , we even see people get PCN,s for overstaying on electric charge points

BrownTrout

Demand for payment = to late to do anything. Wait and see if you get a court claim or such like

noran73

Hello everyone,similar situation as Polka1973,with only difference my car appear on a picture as just parked by the pump.Unfortunately there was no fuel on this day.So i have drove off.Demand to pay £160 or Court will look after you.Have spoken to them a few weeks ago over the phone,explaining that taking a fuel was my main reason to be there.Gentleman on the other side ,said he has notified my call,and wish each other a good day.However two days ago letter came with information as above.From my point of view me and the other offenders,are not guilty.I do not want to pay hefty charge as,,where the amount of £160 came from?Wonder if they really take it to the Small claims court?Heard that VCS is litigious,logical as this is a free money to take from my pocket.The problem is iam living in Germany now,and potential trips to the UK can be quite problematic.Also there is not many solicitors that can take this case to help me go through it.Any advice welcome,,cause i may be wrong on not paying them.

The_Deep

They appear to be using CCTV. Is this allowed? Why was the DVLA contacted if, as it would appear, the PPC had no reasonable cause to enquire of the driver's
identy?


OP, if PPD has obtained your details unlawfully youn may wish to claim against them for breaches of the DPA. IIMU that claims of £500 have been allowed.


Noran please start your own thread, (preferably with a few paragraphs) .

Redx

noran73 wrote: »

Hello everyone,similar situation as Polka1973,with only difference my car appear on a picture as just parked by the pump.Unfortunately there was no fuel on this day.So i have drove off.Demand to pay £160 or Court will look after you.Have spoken to them a few weeks ago over the phone,explaining that taking a fuel was my main reason to be there.Gentleman on the other side ,said he has notified my call,and wish each other a good day.However two days ago letter came with information as above.From my point of view me and the other offenders,are not guilty.I do not want to pay hefty charge as,,where the amount of £160 came from?Wonder if they really take it to the Small claims court?Heard that VCS is litigious,logical as this is a free money to take from my pocket.The problem is iam living in Germany now,and potential trips to the UK can be quite problematic.Also there is not many solicitors that can take this case to help me go through it.Any advice welcome,,cause i may be wrong on not paying them.

The £160 is made up of £100 PCN fee plus £60 added on spurious charge of debt collector fee , simple maths

What did BP say when you complained ?

If you are living in Germany , give VCS the address in Germany for the issue of paperwork , they cannot pursue it in Germany

There is nothing to pay unless a magistrate or judge says so , sometime in the future , but you should have started your own thread about this

We believe bylaws apply at this site , so after 6 months it should time out

The main thing is ignore unless court papers are issued , plus you don't have to come back to the UK , it can be heard on papers if a civil court claim is issued , plus you can contest jurisdiction

Half_way

This site is turing into a honey pot for Simon -Renshaw - Smith, see this about by-laws, posted in a previous thread




East Midlands airport, is covered by by-laws including the petrol station ( which at one time in the distant past used to be competitively priced, and was a regular stop for me to pick up sandwiches etc)


East midlands Airport Byelaws here:
https://live-webadmin-media.s3.amazonaws.com/media/7234/east-midlands-airport-byelaws-2001-re-issued-september-2009.pdf


Taken from here: https://www.eastmidlandsairport.com/about-us/operational-documents/


Also of use is this wordy document, in particular page 91"Appendix 2 - EMA Boundary and Land Ownership" https://live-webadmin-media.s3.amazonaws.com/media/6998/aerodrome-manual-2019-v20.pdf