stopping in prohibited zone Bristol airport

yota

As I was flying to Spain early on 28th March 2022 I pre-booked a room at the Hampton within the grounds of the airport. Also arranged for my car to be parked outside the airport and driver to deliver and collect on my return. My hotel booking allows 2 hours free parking at their carpark. On arrival at the carpark barrier it failed to raise and there was no obvious instruction on how to gain entry to the carpark so I got out with my cabin bag to ask at reception whilst my driver turned around and drove away. It was all captured on camera but I wasn't bothered because my stopping at the barrier was legitimate and unavoidable.
On my return from Spain to my home in Wales I was met with a nice little penalty notice of £100 from VCS for stopping in a prohibited zone. I appealed as the keeper ( not the driver whose details I dont know) and of course they have replied and want the drivers details as that person not the keeper is responsible. Being extremely kind hearted the company are offering the discount to £60 if I give them the details in the next few days.
I am aware that there is a legislation passed in 2012 I think that when the creditors have given reasonable notice to the keeper to provide the drivers details and the keeper has failed to comply. then they can pursue an action through the court to treat the keeper as the driver. If this is right then all the advice Ive seen on here not to give drivers details may eventually end up being bad advice.
I have supplied VCS with evidence of my hotel booking and authority to use the car park.
Also enquiring with DVLA as to why they supplied VCS aka Excel with my vehicle and owner details as this offence does not fit in with the lawful reasons to supply my details. I suspect that they have lied or misled the DVLA
However,, given the circumstances above has anyone experienced a similar situation who can give GOOD and supported advice on how to proceed
thanks
YOTA

Fruitcake

Have you read the NEWBIES Announcement yet? It will answer many of your questions.

If the NTK is PoFA compliant, then the keeper can be held liable, so it is irrelevant in that instance if the driver's identity has been given or not, but only on relevant land. Airports where bylaws apply are not relevant land.

VCS are notorious for issuing PCNs, and they have been caught issuing them at Bristol Airport outside the no stopping zone and outside the area they are contracted to "manage".
There are loads of Bristol Airport threads, but I suggest you start with this one where the poster included a map of the area VCS are contracted to operate. You will then be able to tell if the vehicle was stopped in or outside the no stopping zone, and in or outside the area they are contracted to scam.

Vehicle Control Services, No stopping in a queue... - Page 3 — MoneySavingExpert Forum

This poster won in court because his car was stopped at a car park entrance barrier in a queue. 

Once you have worked out where the car was stopped in your case, complain to Bristol Airport Ltd. Note that they are a management company and will probably side with VCS, but you should complain anyway with proof the PCN should never have been issued.

The landowner is a foreign investment company, details on the airport website, but they never replied when I complained.

If a cancellation is not forthcoming, then appeal using the template in blue text from the NEWBIES. Send it unaltered from the keeper save for a line or two stating that the keeper cannot be held liable because airport byelaws apply, therefore the PoFA 2012 does not, and that the car was outside the entrapment zone if applicable, as per the map in their contract with BA Ltd.

This is my thread which has information that overlaps with ginger_bread_man's case.

And so it ends - Bristol Airport IAS Appeal success - Page 8 — MoneySavingExpert Forum


One poster got a ticket for stopping at a STOP sign, but got it cancelled on complaint.

Another poster won in court for stopping at a roundabout near the hotel where you stayed because it was clearly outside the red line shown on the contract map.

Coupon-mad

All our advice is good.

We are experts in this field, so much so that I was appointed by Government to join the Steering Group that has just shaped the new statutory Code of Practice.  You can trust us.

I am aware that there is a legislation passed in 2012 I think that when the creditors have given reasonable notice to the keeper to provide the drivers details and the keeper has failed to comply. then they can pursue an action through the court to treat the keeper as the driver. If this is right then all the advice Ive seen on here not to give drivers details may eventually end up being bad advice.

But it isn't.

Not bad advice and not wrong, and an Airport is not 'relevant land' so it doesn't fall under the POFA 2012 anyway.

What you've done so far is very good.  Did the driver actually stop within hotel grounds? Can the Hotel cancel this PCN?

If not, then when they inevitably reject the appeal, go to the shockingly awful 'kangaroo court' (IAS) and show evidence of your flight and state that you were not driving.  Cite the fact from the POFA Schedule 4 that this is not 'relevant land' and that you won't name the driver - but it was provably not you.

Also point out that the driver had to stop at a 'stop barrier' and this event is not in breach of Airport byelaws (read them and cite them).

Le_Kirk

I think the hotel might have been a little miffed if you had not stopped and driven straight through their barrier!  You could tell them that, if they fail to get it cancelled, next time you will not stop and they can expect an expensive bill for repairs to your vehicle!

yota

Further to my initial information , I've decided to take them on and hopefully get an opportunity to get them in a court situation. I may have a nice surprise for them

Coupon-mad

Very good.  Everyone should take them on because we see wins literally all the time, when people are well informed and prepared.

yota

f you;ve been following this blog you'll know that VCS have been very understanding this far, given me time to make a reduced payment by stating that they are still evaluating the circumstances, now a further extension until mid June while they evaluate some more. Such a nice and understanding company. After my last letter re evaluation I tried to reply to them using their 'myparkingticket' web site but apparently the case may be closed as there is no trace on the reference number etc they gave me. Hope not as I just love them to pieces and would like to shake their hands in appreciation. I hate to sit in judgement of people but understand that when the law is weak in sorting out dishonesty and harassment by ruthless operators such as these then we will always have these problems. I just cant understand how anyone could work for them knowing the consequences of their actions.
Hope that the next time I update it will be to say its all finished and that I have had a court decision against them

yota

Just received a letter from them to say that considering the points I indicated they are no longer pursuing the matter,so a disappointing result in a way because I had some revealing photos to show a court. VCS would have known I was not in the prohinited zone but never the less tried to scam me. 
There's been some good advice along the way which was supportive. My advice would be that if you feel you havent done anything wrong please dont cave in and pay the so called penalty thinking its not worth arguing over. Seek advice and help from this forum and be brave because these VCS employees will try to harass and intimidate in order to play their little scams.
Bon voyage

Fruitcake

Did you complain to the overseas landowner?
Did you complain to the landowner's management agent, Bristol Airport Limited?
Have you told both the outcome of your spurious charge from their sub-contractor?
Did you complain to your MP and ask then to pass on your complaint to the MP for the airport constituency?

All of these are necessary to stop this scam.

I hope you know that you still have the opportunity to issue a court claim in the next six years.

Coupon-mad

Nicely done, @yota!  A lesson on how to handle 'em.