And so it ends - Bristol Airport IAS Appeal success

Fruitcake

(Non) update from VCS (via an email address from a completely different company to the one that operates at the airport).

"We are still continuing to evaluate your correspondence and as such we are unable to let you have a decision at this stage"

I wonder if they have realised the spurious "Stopping in a No-Stopping Zone" charge was issued for an event that occurred outside the area they are contracted to operate, and outside the No Stopping zone.

Breath, not holding it, am I going to.

patient_dream

Fruitcake said:

(Non) update from VCS (via an email address from a completely different company to the one that operates at the airport).

"We are still continuing to evaluate your correspondence and as such we are unable to let you have a decision at this stage"

I wonder if they have realised the spurious "Stopping in a No-Stopping Zone" charge was issued for an event that occurred outside the area they are contracted to operate, and outside the No Stopping zone.

Breath, not holding it, am I going to.

All sounds like Fagin from Oliver Twist.  "I'm reviewing the situation"

VCS must realise this is a non starter 

Fruitcake

I've just helped my relative to make a complaint to the ICO about the DVLA releasing his personal data without checking that the PPC had landowner authority to operate at the specific location. I've included the proof I sent to the DVLA and their response where they admit they don't check anything other than whether the PPC is a member of an ATA. 

I am going to have a chat with him about the no win no fee claim against the DVLA. If there is no risk or cost to him, I think he will go for it.

Jenni_D

A GDPR claim against VCS is probably safer? (You need to read the T&Cs of a NWNF claim very closely ... especially for a claim against a government department where the judiciary may be more-inclined to side with them ... as NWNF does not necessarily mean no cost).

Fruitcake

My relative has just received another non-update, again from a completely different company to the one that issued the charge.

We refer to correspondence received from you concerning the above numbered Charge Notice. We are still continuing to evaluate your correspondence and as such we are unable to let you have a decision at this stage. We expect to let you have our decision/response by 23/09/2021 

The date of the alleged event was 13/7. I wonder why they are having so much trouble deciding what to do.
I wish they would get on and reject or cancel so we can make a complaint about VCS passing his personal data to another company.

We've heard nothing back from the ICO about the DVLA data release other than being given a case number and the name of a case worker.

Fruitcake

Dashcam video of the route my relative took. He foolishly stopped on the drop off car park access road even though I warned him not to stop anywhere at the airport.
Fortunately the drop off car park access road is outside the No Stopping zone and outside the area VCS are contracted to operate.

Let's play Spot the signs, then let's play Read the signs. 

Bristol Airport No Stopping Zone - YouTube

Coupon-mad

No signs but red lines.  No contract! 

Fruitcake

Coupon-mad said:

No signs but red lines.  No contract! 

Oh there are signs. Two different types to be precise. Didn't you see them?
Some are facing the motorist, some are at right angles to the direction of travel. There were/are of course no VCS signs where my relative briefly stopped.

My relative's daughter actually saw the VCS camera van stop to take pictures. 

When I did my research visit, the camera van stopped to the side of a roundabout right next to one of their own signs and waited for me to leave the drop off car park, then followed me out.

Bloody hypocrites. 

I really hope we get the opportunity to show this video to a judge.

Fruitcake

Yet another non-update with yet another ...

"We are still continuing to evaluate your correspondence and as such we are unable to let you have a decision at this stage."

That's now the third postponement of a decision. I believe the first postponement was a breach of the current CoP, let alone three in a row. The CoP says,

19.1.4 Respond to appeals within 28 days. Where a decision on the appeal is not concluded within 28 days the Operator must acknowledge the appeal and confirm the timeframe for concluding it. 

Whilst VCS have stated each time that they have been unable to make a decision and are still contemplating their navel; they have failed each time to confirm the timeframe when they will have a decision.

I think it is time to make a complaint to VCS.

Fruitcake

After receiving his third, 
"We are still continuing to evaluate your correspondence and as such we are unable to let you have a decision at this stage" email, my relative made a complaint to VCS using the method supplied by them on their original reply email that this was a breach of the IPC CoP V8, Para 19.1.4 that says, "the operator must confirm the timeframe for concluding it."
"It" meaning the decision regarding an appeal.

He had an auto response saying they would reply within 28 days. They lied. We are now well over that with no sign of a response to the complaint.

In the meantime, my relative got his fourth, "We are still continuing to evaluate your correspondence and as such we are unable to let you have a decision at this stage" email.

They really don't know what to do with this one, poor loves.

We tried to complain to the IPC but that is fraught with problems.

The Contact Us link takes you to a "become a member" page. (I'm temped to try it in my name just for buggarence factor.)

I can't find an email address anywhere on the website.

The complaints procedure is hidden in single word link buried in the About Us/FAQs section.

You can't complain about an incorrectly issued PCN, only about a breach of CoP.

You can't make a complaint without first registering and setting up an account.  
To register, you have to supply a name and address, and email address, and create a password, but a 'phone number is a mandatory field and you can't register without it. How to get round that is already dealt with on this forum.

You have to confirm your registration by clicking on a link they send you by email. That's quite normal so not a problem.

Registration completed, we tried to log in by entering his email address and password. It didn't work straight away but let us in a while later.

We will be making two complaints. One about the breach of CoP and one that they have passed my relative's data to a different company with a different company number. I bet you can't guess who that is, but the other company is the one who have been sending the VCS responses.