LBC from VCS, Southend Airport

DanOx

Hi,

I received a PCN NTK from VCS, alleging a contravention of '46) STOPPING IN A ZONE WHERE PARKING IS PROHIITED'

Now, to be clear, neither my vehicle nor I were anywhere near that location on that date, and I suspect either a cloned plate, a number plate screw altering a character on the vehicle index, or 'image enhancement'/tampering with the image sent as 'proof'.

So- the PCN/ VCS contained images and a link to the VCS website showing the same images. On two, the vehcile index was completely illegible, the third had a person unknown to myself obscuring half of the index plate. I responded to VCS with a variation of the 'newbie' template, refusing to give any driver or other information as I had not been presented with any evidence that the vehicle in question was registered to me, and expressing my displeasure at VCS obtaining my keeper details from a partial index.

VCS responded, saying that my 'appeal' had been rejected, and supplying a further image, which did show the full index, but also bizarrely showed the same unknown person beside the vehicle, with their face 'redacted' with a large black rectangle! (bizarrre as VCS were asking me to identify the driver!)

As per forum advice, I ignored the instructions to appeal to IAS, and the subsequent 'demand for payment' letters.

I also sent an email to Southend Airport, asking upon what lawful authority VCS were acting on their behalf, i.e, enforcing the airport byelaws, or under 'breach of civil contract'. I have not received any reply, nor to a follow up email asking the same. The byelaws are clearly provided on the airport's website, and cover 'No stopping'.

I then sent an email to DVLA, complaining that VCS had obtained my keeper details and threatened me with keeper liability under Schedule 4 POFA, when it appears that that they have no legal basis to enforce byelaw, and S4 POFA specifically excludes such use:

4.1 The provisions in Schedule 4 are intended to apply only on private land in England and Wales. Public highways are excluded as well as any parking places on public land which are either provided or controlled by a local authority (or other government body). Any land which already has statutory controls in relation to the parking of vehicles (such as byelaws applying to airports, ports and some railway station car parks) is also excluded.

DVLA have not responded.

VCS have now sent me a Letter Before Claim. I have requested a Subject Acccess Request from VCS, and that they put any further action on hold until this is provided.

Again, neither I nor my vehicle was at that location. I have looked on DVLA, and there is an exact same vehicle in the same colour with an index one digit different to mine, and a tactically placed number plate screw would alter the index to resemble mine. The quality of the image provided by VCS is impossible to see if this is the case. I will provide other evidence of minor differences to the style and position of my index plate to support my case, should I need to do so.

So- should I return the LBC with this information, or just return it with the box ticked stating that I will contest the action?

Also- is there any keeper liability? The issue of byelaw/ alleged breach of contract seems critical here, but neither Southend airport nor VCS have clarified the position on this, and I wuold have thought that for anyone to respond to or defencd against any proposed legal action, it would be necessary to inform them what legislation/ statue/ 'contract' they are alleged to have breached?

Thanks in advance.

Le_Kirk

Deal with the LBC as per the advice in NEWBIE sticky post #2. Can you prove you were somewhere else on the day? Maybe you were at work and had to sign in?

DanOx

Astoundingly(!) I have today received a response to my SAR from VCS, withdrawing the PCN due to an 'administrative error'.



I suspect that they were either unable to provide further images of an evidential quality; found other images that proved that the vehicle did not match the index of my own; or simply decided that it wasn't worth the fight with someone who had researched POFA; byelaws and keeper liability.


Thanks to all who contribute to this forum and who provide the information and ammunition to tackle these rogues!

Le_Kirk

Nice result, as it should be!

Egbert_Nobacon

VCS haven’t given up on this due to some kind of goodwill.

They are predators of the highest order.

They have obtained your personal data without good cause.

So now issue them with an LBC for say £500 and see their next step.

It doesn’t cost you anything at this stage.

Coupon-mad

Egbert_Nobacon wrote: »

They have obtained your personal data without good cause.

So now issue them with an LBC for say £500 and see their next step.

It doesn’t cost you anything at this stage.

I agree, they harassed you and obtained your data without reasonable cause.

Castle

Egbert_Nobacon wrote: »

VCS haven’t given up on this due to some kind of goodwill.

They are predators of the highest order.

They have obtained your personal data without good cause.

So now issue them with an LBC for say £500 and see their next step.

It doesn’t cost you anything at this stage.

I would recommend waiting for the SAR to come back first; just to see what other breaches of the DPA/GDPR have been made.

nosferatu1001

Indeed, wait for - and chase if needed - the SAR

THEN send them a LBC. You must folow through if you threaten.