Worth appealing this airport charge notice?

hboogz

Hi, family member and I drove to Bristol airport a few months ago and received a charge notice from VCS. 

I know there's been a number of posts previously on airports and VCS, just need a bit of advice. Have also read the newbie threads

I've received charge notices before over the last 6-7 years of driving, every time I ignore them they eventually go away. This time, VCS have sent a LBC, addressed to my family member as they are the registered keeper. I was the one behind the wheel, they got out of the car when we stopped at a zebra crossing (there were genuinely people crossing) which has been captured by their CCTV. 

The charge they're asking for has gone up to £170, have no intention of paying and will be getting the family member to send a 'not the driver' letter as per advice from this thread by zzzLazyDaisy, with the intention of resetting the POPLA clock: https://forums.moneysavingexpert.com/discussion/4754020/parking-letter-before-county-court-claim-lbccc-fight-back-guidance-thread

Once this is done, I imagine they will start sending me letters. Do I have much ground in appealing this based on the fact that I had to stop at the zebra crossing?

Coupon-mad

Yes of course defend the claim. We've seen loads like this.  Dismissed by the courts.

DO NOT USE the ancient thread you linked!  Horribly out of date. Stop reading it.

Instead, in your reply to the LBC, point out the Annex in the new incoming 2024 statutory Code of Practice referred to here:
https://forums.moneysavingexpert.com/discussion/comment/79799183/#Comment_79799183

It talks about roads in airports and says "Parking operators must not pursue parking charges in a no-stopping zone where the stop was: e) in recognition of the use of a zebra crossing by pedestrians".  

There's also a bit about CCTV camera cars which MUST NOT have misleading words on the van such as 'road safety unit'.  VCS' van says exactly that.

Forum regulars might like to hazard a guess that I might have had a hand in those bits myself...!

hboogz

Coupon-mad said:

Instead, in your reply to the LBC, point out the Annex in the new incoming 2024 statutory Code of Practice referred to here:
https://forums.moneysavingexpert.com/discussion/comment/79799183/#Comment_79799183

Thanks. 

I've reviewed this thread and some of your advice, just need to clarify that I'm taking the right steps.

- Request SAR by email to VCS
- Complain to the landowner (airport)
- Send email to solicitor

When you suggested to mention the annex would that be to the solicitor?

Umkomaas

hboogz said:

Coupon-mad said:

Instead, in your reply to the LBC, point out the Annex in the new incoming 2024 statutory Code of Practice referred to here:
https://forums.moneysavingexpert.com/discussion/comment/79799183/#Comment_79799183

Thanks. 

I've reviewed this thread and some of your advice, just need to clarify that I'm taking the right steps.

- Request SAR by email to VCS
- Complain to the landowner (airport)
- Send email to solicitor

When you suggested to mention the annex would that be to the solicitor?

Are VCS using a solicitor in your case?  If so, which one?

You respond to whoever sent the LBC. Your other steps are fine.

hboogz

First email to be directed at the email 'dataprotection' on their privacy page, apologies for replying several times

B789

SAR and debt hold are two separate correspondences.

Here is a template for the SAR you can adapt:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

hboogz

 B789 said:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

Unless I am mistaken, the link you sent is not for SAR, this is for the stage after the LBC if it's not successful?

B789

My bad.... here is the SAR template:

https://www.dropbox.com/s/v29cyfyuglg1ban/subject_access_request3.pdf?dl=0

hboogz

Apparently I have to provide evidence that I am seeking debt advice according to their lit department after I sent an email? Tried to see if any forums had this response and Google searched it, not sure if they can request this?

Coupon-mad

No they can't; tell them to go swivel.

hboogz

Without any proof, they are refusing to put it on hold. What would you advise?