Fined for stopping at Bristol Airport with a fractured spine.

Trainerman

Thanks to the kind fellow who got in touch with me. I am happy not to pay them anything

Glad you made it across. The people here ( and particularly those who have already posted above) have all the knowledge to help you sort this, and as you see already have  victories against Excel in the bag

Fruitcake

The airport is definitely still infested by VCS.

As happened with my relative's case, I suspect the original PCN/NTK was from VCS, but everything since (rejection and IAS code) has come from Excel, hence the OP's comments.

These photos taken this afternoon may be of some use.

Hotel approach taken from the roundabout just down the hill from the drop-off car park.



Hotel car park entrance showing where the red lines stop. As well as the entrance/exit barriers dead ahead, there is one leading in to the car park on the right.



Close up of the entrance sign with VCS logo at bottom left of said sign.



I have a few more photos if the OP needs them.

B789

@Doneanddusted171717 There are so many defences that you can use. Regarding the signs about No Stopping, if they rely on that for their Claim, because they are just a private parking company, they cannot claim you have breached their terms as you have no contract with them.

The No Stopping sign is what is known as a "forbidding" sign, one that makes no offer. If there is no offer, then there can be no acceptance of a contract. Don't forget that this scamming private company is not any kind of authority able to issue "fines". All they can do is issue speculative invoices for alleged debts due to breach of contract. As there is no contract, they are trying to scam you out of your money.

I still like the idea that you will be able to use the Equalities Act against them if they continue with their actions once they have been alerted to your disability.

Coupon-mad

She won't need a defence.

Just embarrass the Airport by leaning in them very angrily and pointing out their own byelaws allow stopping in an emergency.

Embellish your complaint and tell them the national papers are taking an interest in the case and everyone is wondering why notorious VCS are not paying regard to byelaws exemptions and why the Airport seem oblivious and keener to defend their rogue ex-Clamper firm than a disabled driver (which the OP is, due to meeting the legal definition of disability in the EA 2010).

B789

Whilst I fully agree with what @Coupon-mad advises above, I was merely trying to enlighten the OP as to one of the many other defences there would be available to defend this incredibly flawed scam.

My only concern is that, with faceless, foreign investors owning the airport in question, I am not sure how much they are likely to bend to the will of public opinion. It's not as though they are a well-known multinational that relies supremely on its brand name. We already know how poorly many journalists manage to get all the facts correct and I am just looking further ahead should this evolve into a Claim. After all, VCS/Excel are not really known for their intellectual ability.

Should the OP be outraged enough at the behaviour of this PPC to actually see it through to the end, any Claim that they should stupidly make, aside from all the legal hooks in the OPs defence, there is also the prospect of a counter claim. 

Snakes_Belly

"Should the OP be outraged enough at the behaviour of this PPC to actually see it through to the end, any Claim that they should stupidly make, aside from all the legal hooks in the OPs defence, there is also the prospect of a counter claim."

I did think that there could be costs for unreasonable behaviour if it goes to a hearing.

VCS did take the multiple amputee veteran to court.  

Apart from the pain that the OP must have been in they may not have had control of the car and could have caused an accident. 

Keep Calm in the hearing for her second claim put forward a good case for costs for unreasonable behaviour and was awarded them. This was either Excel or VCS.  

Roll on the new single appeals service when hopefully drivers will be cut some slack in this sort of scenario. 

Snakes_Belly

https://forums.moneysavingexpert.com/discussion/6021367/vcs-small-claims-court-parking-in-a-restricted-area/p7

Above is Keep Calm's post regarding the dialogue between her and the judge regarding costs for unreasonable behaviour.

Where costs for unreasonable behaviour could be applicable in this scenario is that the OP has sent details of her injury to Excel who have still pursued the claim. 

Doneanddusted171717

Thanks to everyone for their inputs.

Unfortunately @Fruitcake I was parked on the red line just to the right of the entrance. 

I will write back to the airport and mention the Disabilty act of 2010 again and the fact that they allow stopping in an emergency.
I will cc the letter to my MP.
I will also mention that this is headed for the national press as a news agency rang me up having read the local news story. 

The letters I have had are from both Excel and VCS. They appear to be working as one and the same organisation.

Very much hoping Bristol airport will see the light. 

B789

Doneanddusted171717 said:

I will write back to the airport and mention the Disabilty act of 2010 again and the fact that they allow stopping in an emergency.

When you write back to the airport, you may also want to remind them that they are equally liable for the actions of their agents and will be included in any counterclaim should you decide to pursue this case.

Please keep us up to date with progress.

Coupon-mad

There is no Disabilty act of 2010.

Please state the Equality Act 2010 and the duty to make 'reasonable adjustments'.

And when I say "Airport Byelaws allow for emergency stops" I mean quote that clause from the actual byelaws at the Airport owners (with a URL) so they have no wriggle room.