Parking charge for stopping at Bristol airport

Boudouche1

I have been served a PCN by Vehicle Control Services for stopping at the long car park entrance/exit at Bristol Airport, when my wife was flying away to see her dying mother (she passed away on the day the PCN was issued). We were disoriented and distressed, which affected our ability to navigate to the Bristol airport drop off zone. We stopped and left the car to ask for directions and the VCS mobile unit took a photo of us at this stage. We did not provide any obstructions to the traffic on the North Road.

I have read several threads on MSE forums about people facing the same problem with PCN. I have tried to appeal to VCS, using some of the arguments from MSE Forum discussions – i.e. arguing that that the approach road to the car park was outside the area that VCS are contracted to operate. VCS dismissed our case and refused to accept the mitigating circumstances, i.e. my wife losing her mother on that same day.

We are now asked to pay £60 charge notice, or appeal to IAS. Having read the MSE Forum discussions, I can see that appeal to IAS is not an option.   

Could you please advise me if I can still fight the charge, both on compassionate and contractual grounds (area where we stopped was outside of the VCS contract, a copy of which I have seen on MSE Forum)?

Regards

B789

Did you reveal the identity of the driver? VCS and all the other scammers care not one iota about "mitigating" circumstances and trying that route is usually futile, as you have found out.

Umkomaas

Could you please advise me if I can still fight the charge, both on compassionate and contractual grounds (area where we stopped was outside of the VCS contract, a copy of which I have seen on MSE Forum)?

Sorry, but compassion does not feature on any PPC's CV, nor will it hold any real sway if this should get to a court hearing. However, 'contractual grounds' are right in the court's bailiwick and so you need to solely concentrate on that area going forward. I'm afraid it's going to take you some time and effort to deal with this should VCS issue court proceedings.  There is nothing you can do now - don't bother with the IAS, hardly any chance of winning and they've supported VCS in previous Airport stopping cases - but wait to see what VCS's next move is. 

You should, however, complain to the airport as well as to your own MP, where the loss of your wife's mother (my condolences) and it's affect on finding your way around a busy, confusing road system at the airport might hold some sway. 

Fruitcake

I won at IAS against VCS when one of my relatives got a ticket at Bristol Airport when he was allegedly stopped outside the area where VCS are contracted to operate, but it was a hard slog and involved about eight complaints to the IPC about breaches of their CoP.
It is not for the faint hearted, but it is doable, especially if the driver's identity has not been revealed since byelaws apply.
VCS gave up when I proved that the car was parked outside the are shown on their own contract map, but in my relative's case, he didn't own the car and the driver's identity was never revealed.

Bristol airport is owned by a foreign investment company who in my opinion are only interested in shovelling profit out of the country. They ignored my email complaints to their London and Toronto offices, but if this ever gets to court, it is still worth doing so you can show a judge you tried to narrow the issue.
The airport website has details of the landowner but you will need to look up their email addresses using a search engine. I will trawl back through my sent box to see if I can find them though.

You should also complain to the landowners sub-contractor, Bristol Airport Limited. Don't expect them to help. They seem to think this unregulated company owned by an ex clamper millionaire is wonderful, but again, you can show a judge you tried to avoid court.

Always complain to your MP and ask them to forward it to the MP where the alleged event took place.

I live under the flightpath and visited the airport recently on foot to get some up to date photos to help another poster.

ginger_bread_man's thread contains a link to the parking contract that can be found here.

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

Use Google Streetview satellite and map images to determine exactly where your vehicle was in relation to the contract. For my IAS appeal I zoomed right in so although the resolution is not good, I was able to prove the vehicle was outside the contracted areas. I found the spilt screen useful where I could show satellite and map images on the same screen/page.
I backed this up with a site visit and photos from around the area where the car was allegedly stopped.

This video from my dashcam might help as well. If you can indicate where the alleged event took place I may have photos of it. You are welcome to take stills from the video as well.

Bristol Airport No Stopping Zone - YouTube

You are welcome to contact me via pm if you wish.

You should also complain to the DVLA and the ICO about VCS unlawfully obtaining and processing the keeper's data, and the DVLA's unlawful release of the keeper's data.

Fruitcake

I think the MP responsible for the airport is Dr Liam Fox MP, but unless you live in his constituency you cannot contact him direct.

You can contact your own MP using this very useful website.

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

Airport landowner details.

Bristol Airport is owned by Ontario Teachers’ Pension Plan (OTPP).

Ontario Teachers’ Pension Plan owns the largest number of shares and has been an investor in our airport since 2001. They are Canada's largest single-profession pension plan with over C$200 billion in net assets and represent around 333,000 working and retired teachers.

OTPP have their headquarters in Toronto with a number of regional offices, including in the UK. It has holdings in five freehold airports in Europe: Copenhagen Airports, Brussels Airport, Bristol Airport, Birmingham Airport and London City Airport.

In addition to OTPP, Australia’s New South Wales Treasury Corporation ("TCorp"), the Australian Retirement Trust (“ART”) and StepStone own a minority interest in the airport.

Boudouche1

Thank you B789, Fruitcake and Umkomaas for your prompt replies. I have revealed the identity of the driver, but only after I received the letter addressed to me by post (I belive that VCS got my details unlawfully from DVLA). Following your earlier advice on other MSE Forum threads, I haave also tried to contact Bristol Airport and plead my case - and received no support whatsoever (we park in Bristol airport regularly, so I have tried to tell them they would lose customers). They did not care about our family emergency and distress.

It looks like the only way for me now is to fight it in court. I will write to my MP as you suggested, but now sure what this will do? Is there any evidence of any previous cases that were overturned after MPS' involvement?

B789

Boudouche1 said:

Thank you B789, Fruitcake and Umkomaas for your prompt replies. I have revealed the identity of the driver, but only after I received the letter addressed to me by post (I belive that VCS got my details unlawfully from DVLA). Following your earlier advice on other MSE Forum threads, I haave also tried to contact Bristol Airport and plead my case - and received no support whatsoever (we park in Bristol airport regularly, so I have tried to tell them they would lose customers). They did not care about our family emergency and distress.

It looks like the only way for me now is to fight it in court. I will write to my MP as you suggested, but now sure what this will do? Is there any evidence of any previous cases that were overturned after MPS' involvement?

You need your MP to be aware of this scamming industry, especially as the upcoming PPCoP from the DLUHC is about to be resurrected and enacted. Also, you can ask your MP to contact the MP whose constituency covers Bristol Airport.

Regarding progress on this case, it is a pity that you revealed the identity of the driver as this is not relevant land as far as PoFA2012 is concerned. Going forward, please have a thorough re-read of the Newbies/FAQ thread to see what you can expect from here onward until/if a court claim is made.

Fruitcake

The only way anything will ever change with regards to the unregulated parking industry is via complaints to MPs. This is why a new parking bill was approved in 2019, but the supporting legislation has yet to be ratified.

Most PPCs ignore MPs, but the more complaints they get the more likely something will (eventually) happen. I doubt VCS will worry about yet another complaint to an MP, but this should not stop complaints from being made.

As I said, the complaints are more important so that you can show a judge you tried, if it gets that far.

It is a shame that the the driver has been identified, but that cannot now be helped. VCS will have paid the DVLA who are complicit in the actions of the unregulated parking industry referred to as rogues, scammers, and bloodsuckers by MPs across all parties to obtain the registered keeper's details.

In all your complaints you should mention that VCS issued PCNs at Bristol Airport to: -

A motorist stopped in a queue of traffic at a car park entrance barrier outside the area they are contracted to operate. They lost in court.

A motorist who stopped at a roundabout Give Way sign outside the area they are contracted to operate. They lost in court.

A motorist who stopped at a Stop sign. The charge was cancelled upon complaint and initial appeal.

A motorist who stopped on the entrance road to the drop off car park, outside the area they are contracted to operate. The charge was cancelled upon IAS appeal (My relative's case).

In each case they unlawfully obtained and processed the keeper's personal data. 


Personally I would try the IAS (as long as you use the free option and not the £15 version that guarantees you will lose). I would use the following points to appeal: -

Not the landowner.
No standing to issue parking charges for a non-parking event,  Appeal case of Jopson v Homeguard applies.
No standing to issue charges outside the area where VCS are contracted to operate.
Not relevant land. The airport is covered by byelaws and stopping is not a byelaws breach.
Inadequate signage/contract void for impossibility/unfair contract terms in breach of the Consumer Rights Act 2015. (It is impossible to read the signs without stopping).
Breach of DPA 2015 and GDPR 2018 for unlawfully obtaining and processing personal data.

If you appeal, expect the response to come from Excel, not VCS. Whilst they are owned by the same person, they are completely separate trading companies, registered as such at Companies House with separate company numbers.
This should generate complaints to the IPC and VCS, and then the ICO.

I kept getting replies delaying my IAS appeal decision which was an IPC CoP breach. I made several complaints to the IPC about this. Whilst they were all ignored, they would have been used as evidence in court had it got to that stage.

Like I said, it will be a hard slog if you go down that route, but it is better than a court hearing, although you should win even if that happens.

The important thing is to show with maps/photos that the car was outside the area they are contracted to operate. With luck they will decide, as in my relative's case, that it is not cost effective for them to continue.

Boudouche1

Thank you B789 and Fruitcake for your advice. I will find my local MP and write toy them, as you suggested. I am keen to appeal to IAS, but other relevant MSE Forum threads suggest that they only support 6% of appeals.

Fruitcake

It's probably nearer 4%, but you have at least one robust point as long as you can prove the vehicle was stopped outside the area where VCS are contracted to operate.

Boudouche1

Thank you Fruitcake. VCS tells me that if I appeal to IAS, and the appeal is unsuccessful, I will have to pay £100 instead of £60 I was told to pay at this stage. In your opinion, is it worth risk paying an extra £40 if the IAS does not side with me, especially taking into account their reputation and success rate?