Parking charge for stopping at Bristol airport

Fruitcake

I've received your pm and email. Two of the photos help your case enormously and prove the car was outside the area VCS are contracted to operate. The third photo' helps neither party.

What is your IAS appeal deadline please?

Ideally you should make your complaints to the landowner, and Bristol Airport Ltd asap, before you submit your IAS appeal. You should also complain to your MP in the near future as well. Don't forget to ask them to forward it to Dr Liam Fox MP, and include all the points about the four previous cases I mentioned on this thread. VCS are routinely breaching the DPA 2015 and GDPR 2018 by issuing parking charges to motorists where the alleged events have occurred outside the area they are authorised to operate.
The DVLA are complicit in this by not checking that the operator has a contract to issue charges in those areas before selling the keeper's data. Consequently you should mention all this in your complaints, and complain to the DVLA about the your data breach and the KADAOE contract breach.
Once all parties have replied, complain to the ICO about this.

Right, that's your homework. I'll go and get on with mine. 

Fruitcake

For those that are interested, not only do VCS's own photos show that the OP's vehicle was outside the area they are contracted to operate, it is in a gap in the red lines that clearly have bars at the end. GSV images from 2019 also show a new dropped curb under construction and the old road markings painted over with new double reds that end either side of the car park exit road, and do not go around the corner where the alleged event occurred.

In other words, not only was the OP's car outside VCS's contracted area, it is outside the no-stopping zone because there are no red lines.

Consequently, I'm helping the OP with an IAS appeal based on the winning one I used against VCS when they issued an unfair charge to my son.

To misquote a saying by the well known and revered author, "Anon",

Heaven hath no terror like love turned to hate, nor hell a fury like an angry parent.

Boudouche1

Fruitcake for your help. My IAS appeal deadline is set for 21 days after receivign the VCS letter, issued on 12 April 2023.

I have written to Bristol Airport two emails, arguing my case. This is what I said to them in my last email:

"I am disappointed with the lack of support from Bristol Airport in this case and your unwillingness to intervene with the charge made by VCS. As the landowner's sub-contractor, Bristol Airport Limited has an agreement with VCS, which defines the conditions for their operation. This agreement includes the map where VCS are contracted to operate, and of course, where they are not contracted to operate. As the alleged 'stopping' incident with my car happened at the approach road to the car park, this area is outside the area that VCS are contracted to operate."

The response from Bristol airport was:

"Bristol Airport are unable to intervene with the charge. If you feel that the charge was issued unfairly, then you need to appeal directly to VCS."

I am not sure if I can write to Bristol Airport again, as they clearlt dismissed my appeal. I am happy to contact the landowner, but not quite sure where to write. I have not yet had a chance to find the contatc details of my local MP, but this is next thing to do on my list.

Thank you for all your help

Fruitcake

If you use the "writetothem.com" website, you just need to enter your post code and it will find the contact details for your MP and councillors for you.

Fruitcake

I have sent you a draft appeal via email.

There is no harm in showing it here for the regulars to see as long as you use the redacted photos from the NTK.

Boudouche1

Hi @Fruitcake Thank you very much for your help wiht the text of the appeal. I am happy to share the text of appeal with the MSE Forum, so it will encourage the others to make similar steps and fight with the VCS. However, I would rather share the tetx of this appeal afterI hera about its outcome, if you do not mind. I can also then provide the IAS comments on the appeal, if it is unsuccessful.

Fruitcake

Boudouche1 said:

Hi @Fruitcake Thank you very much for your help wiht the text of the appeal. I am happy to share the text of appeal with the MSE Forum, so it will encourage the others to make similar steps and fight with the VCS. However, I would rather share the tetx of this appeal afterI hera about its outcome, if you do not mind. I can also then provide the IAS comments on the appeal, if it is unsuccessful.

No worries, I understand your reasoning.

Just make sure you don't miss the IAS appeal deadline.

Boudouche1

Thank you for your help with shaping the IAS apeal. I have now submitted the appeal (apologies for the slight delay, my dependant had to go to a hospital), and will let you know about the outcome.

Boudouche1

Hi @Fruitcake et al.

I have received a note about the counter evidence submitted by VCS in response to my appeal, and would appreciate your advice. Main points (in summary) made by VCS:

1. Bristol Airport and all its approach roads are private land regulated by Terms and Conditions of use. There are 81No Stopping signs on site, which can be clearly observed.
2. PCN was issued in respect of a vehicle stopping on a private road running alongside a busy international airport. Airports are sensitive - cannot stop there without being liable for charge.
3. The vehicle stopped on an access road which is designated by the landowner as a restricted area, where stopping is prohibited at all times for unauthorised purposes. CCTV shows vehicle stopping for xx seconds, passenger exits the vehicle in the prohibited area.
4. The vehicle stopped close to the VCS’ No stopping sign, as shown in the attached VCS map. The signage have passed audit by the International Parking Community, it is of the right size and clearly visible.
5. The fact that the area the appellant freely stopped their vehicle did not contain Red lines is irrelevant to the issuing of the PCN. In this area, motorists are not permitted to stop at any time. The car was stopped in a car park exit/entrance which falls within the No Stopping area as clearly indicated by the signage.
6. VCS  "are authorised to enforce the pick up and drop off, car parks, un-adopted roadways, car park entrances/exits and/or land situated at Bristol airport".
7. It was the appellant's responsibility to familiarise themselves with, and to fully comply with the advertised terms and conditions.

It seems that VCS are simply ignoring some of the points I made easier in the appeal. They claim that the whole territory is managed by VCS, and provide the map to justify this with the red line drawn around the whole territory of the airport. However, the map they provide does not explain the meaning of the red line they drew around the airport - so it produces an impression that they can manage ALL airport territory (including car parks, which is absolutely not true).

VCS also enclose the evidence suggesting that the no-stopping signs were located close to the place where the car stopped. However, if the area where I stopped is outside of the VCS management area, the positioning of signs, in relation to my stoppage place or else, iappears irrelevant?

 VCS also include my original appeal letter to them, hich also says that the stoppage place is outside of their responsibility (and where I tried to appeal to their human side, saying that the alleged offence took place on a day when my wife's mother passed away, which caused confusion).

 I would appreciate your advice on this - I have only few days to counter this evidence provided by VCS.

Boudouche1

@Umkomaas , @B789, @Coupon-mad