And so it ends - Bristol Airport IAS Appeal success

Jenni_D

An Excellent update sir.  

patient_dream

Anyone would think this is some serious offence, not some ticket begging for cash.

We know the SRS boys read this thread ..... it's what they don't want see when they lose

Fruitcake

Jenni_D said:

An Excellent update sir.  

*Fruity looks nervously around the room*

Have you been spying on me young lady? 

Fruitcake

I ordered two bucketfuls of whitewash on Saturday from the IPC, and a further two today. (Complaints X 4 about VCS's CoP breach).
The first bucketful arrived this morning from the IPC.
They have forwarded my relative's complaint to VCS and marked the complaint on the IPC complaints portal as Concluded.

I need to order some brushes now.

Meanwhile there is still a problem with the IPC website. Clicking on the Contact Us link takes you instead to the membership application page. Does anyone have a known working email address for the IPC, ideally their DPO. I could have a guess but if I don't get a reply I may not have a way of knowing if it has arrived if I don't get a Postmaster - delivery failure notification.

Is it a legal requirement to have a DPO's details on a website, because at the moment they don't.

Jenni_D

It's buried in this page: https://theipc.info/privacy-notices

Expand the What We Do section and you'll find dpo@theipc.info

Fruitcake

Jenni_D said:

It's buried in this page: https://theipc.info/privacy-notices

Expand the What We Do section and you'll find dpo@theipc.info

Great, thanks. A lot of their info' is hidden, including the complaints page, and easily missed.
I've currently got two IPC tabs open so I can read from an existing complaint and type it in to the next complaint, because it doesn't allow copy and paste text. How petty.

Fruitcake

My relative received another, "We are still continuing to evaluate your correspondence and as such we are unable to let you have a decision at this stage", two days ago, which will be the subject of yet another (pointless) complaint to the IPC.

Today he finally received a rejection of his initial appeal, so it's on to the IAS now. I'll make a start on it tomorrow.

Fruitcake

IAS appeal submitted today, supported by images and docs as required.

VCS do not own the land where the alleged event occurred.

Bristol Airport is owned by Ontario Teacher's Pension Plan.

 

I do not own the vehicle in question, although I am the registered keeper.

VCS have said they do not know who was driving. Several people have access to, and use of the vehicle.

The location is not relevant land as defined by the Protection of Freedoms Act 2012. Since Airport Byelaws apply to the land in question, I cannot be held liable as registered keeper.

 

VCS do not have a contract with or flowing from the landowner.

 

VCS have a Service Agreement with Bristol Airport Limited, a UK management company, to patrol parts of Bristol Airport, but do not have an agreement to patrol the area where the car was photographed.

I have been provided with a copy of the above Service Agreement - see attached file.

 

From this agreement,

 

"1 Definitions"

 

"Site: ... as detailed and highlighted in Schedule Three of this Agreement ..."

 

From

"Schedule Three"

 

"The Site"

 

"1  The company will provide Services to the following locations shown on the plan below."

 

The site plan in Schedule Three clearly shows the patrol area marked in red, confirmed by the key to the site plan.

 

VCS's own photographs clearly show the car was outside the Patrol Area as it was outside the area indicated by the Red Line on the site agreement, which is therefore outside the area where VCS are contracted to operate and outside the designated No Stopping Zone.

 

No VCS signs were present on or at the entrance to the Drop Off Area access road where the car was photographed.

 

VCS have failed to provide images of any warning signs in or at the entrance to the drop off area access road. The site plan in the Service Agreement shows that there are no VCS signs in the drop off access road.

 

 Attached files: -

 

Service agreement between VCS and Bristol Airport Ltd

 

VCS 1. Image of the alleged event outside the contracted patrol area, taken by a camera car from within the patrol area. Note the lines on the road adjacent to the car appear to be yellow, indicating that stopping is permitted for pick up and drop off of passengers and goods, and note the lack of No Stopping signs on or at the entrance to the drop off area access road.

Also note that VCS signs are situated on the roadway named North Side Road on the opposite side of the trees to where the car was photographed, but not on or visible from the drop off access road itself.

 

GSV 3. Image of the drop off access road and map where the alleged event occurred

 

Site Plan 7. Enlarged map from the Service Agreement. The blue circle indicates the location of the car, and that it clearly shows this was outside contracted patrol area marked in red.

Note that the position of the sign indicated by a cross through a yellow circle bisected by the blue circle is actually on and facing North Side Road, marked in red, not on or visible from the drop off area access road.

 

VCS Image Pack, as provided by the operator. Note that the historic images from October 2019 do not show the drop off access road at all, nor do they show that VCS signs were ever present there.

Also note that images of the alleged event were taken from North Side Road, and that no images were taken from or within the confines of the drop off access road. VCS have therefore failed to provide images that show there are any restrictions on the drop off access road, and failed to show that VCS are authorised to operate there.

 

VCS are put to strict proof that there were prominent warning signs on and at the entrance to the drop off access road at the time of the alleged event, clearly indicating that Stopping was prohibited.

In addition, VCS are put to strict proof that any and all such warning signs at Bristol Airport at the material time, and at all times since signs were erected, met the strict requirements of The Protection of Freedoms Act 2012, Schedule 4, Paragraph 12, sub paragraph (2) in relation to national authority regulations made by statutory instrument requirements, including but not limited to advertising consent approval in accordance with The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, noting that private parking signage is not exempt from this Act.

 

VCS are put to strict proof that the drop off access road is within the area they are contracted to patrol by the landowner, Ontario Teacher's Pension Plan.

Pipe, stick it in, and smoke it, do that. If Jake or any of his merry persons are reading this, my relative will defend this in court with me as Lay Rep if necessary.

VCS have one keeper complaint and five IPC complaints to deal with so far to do with CoP breaches. There are another half dozen or more DPA/GDPR complaints coming their way, plus the same number to Excel, plus of course the same number of ICO individual complaints pending.

Even if they take this to court and win, we will still have cost them more money that they will ever recover.

*Assumes the position*

"Ommmmmmmmm."

Fruitcake

VCS chickened out.

IAS Status - Appeal allowed

Operator Conceded
The operator conceded this appeal due to mitigation

What an absolute bunch of borax. They chickened out because they knew they would lose in court.

Just to recap, my relative got a PCN for allegedly stopping in a no-stopping zone. at Bristol Airport.
This was a lie.
The car was not in the no-stopping zone, and was outside the area where they are contracted to operate.

Complaints were made to the landowner, a foreign investment company, at their foreign and London offices. 
We never got a reply. Imagine my surprise.

We complained to the landowner's UK management company. We got a bucket of whitewash by way of reply, saying how they had researched parking companies and picked VCS because they had a good reputation, or some such balderdash.

The initial appeal to VCS was rejected, of course. Imagine my surprise
The IAS appeal was allowed. I note that the IAS made no comment about the PCN being incorrectly issued. Imagine my surprise.

We complained to VCS that the IPC CoP had been breached several times. They never replied. Imagine my surprise.
We made five separate complaints to the IPC about five breaches of their CoP by VCS. The IPC forwarded the complaints to VCS then marked them as concluded. 
VCS never replied. Imaging my surprise.

We complained to the DVLA about the unlawful release of data, and failure to check whether the data subject was a vulnerable adult. (He is). The DVLA sent us a bathtub of whitewash.

My relative complained to his MP. She supported the Parking Bill and made reasonably positive responses. We'll follow up now with the good news.

Although we sent the appeal to VCS, Excel replied. Each time VCS said they hadn't made a decision and were continuing to review the appeal, the email came from Excel.
That's six data breaches by VCS and six by Excel.
We will now make six separate complaints to VCS, and six to Excel about the data breach, followed by twelve complaints to the ICO.
If we get a confirmation email about the appeal being allowed, and it comes from Excel, we will make another complaint to VCS, Excel, and the ICO. 

I am retired. I have all the time in the world to keep this up. 

Coupon-mad

Imagine my surprise...