Charge for stopping in traffic Bristol Airport

Fruitcake

Boudouche1 said:

Good morning @Fruitcake . Can youm please have a look at the draft appeal letter to VCS (below), before I send it to them?

I want to a  Appeal for the Charge Notice VCS***** issued on 30 June 2023. It relates to the event when t  The car was unavoidably stopped in a queue of traffic due to a broken down vehicle in front causing a frustration of contract. The photos provided by VCS clearly show the queues of traffic in both directions, blocking North Side Road. The photos from VCS also show several passengers leaving their cars and walking on the side of the road with their suitcases so that they do not miss their flights.

 

1) The event did not breach the airport’s Terms and Conditions.

2) Bristol Airport is covered by byelaws. Airport byelaws allow stopping as long as there is a legitimate reason.

3) Stopping due to circumstances outside the driver's control makes the contract terms void for impossibility.

4) VCS do not own the land where the alleged event occurred. Bristol Airport is owned by Ontario Teacher's Pension Plan. VCS do not have a contract with or flowing from the landowner.

5) VCS have a Service Agreement with Bristol Airport Limited, who are not the landowner, to patrol parts of Bristol Airport. Contract number 127/VCS-CCTV/AS. VCS do not stand have no standing to issue charges in their own name.

7) The operator had no reasonable cause to obtain and process the registered keeper's personal data from the DVLA, thus a breach a breach breaching the Data Protection Act (DPA) 2015 and General Data Protection Regulations (GDPR) 2018 as well as breaching the operator's of the operator’s KADOE contract with the DVLA occurred.

8) The wording on VCS's vehicles fails to warn motorists for what purposes covert CCTV images will be used, which is a breach of the CCTV code of practice.

9) Complaints have been made about these data and contract breaches to the IPC, the DVLA, the DVLA KADOE team, the landowner, the landowner's sub-contractor with whom VCS have a service agreement, and my MP. I have also contact local and national media about this wanton breach of legislation and the operators' predatory tactics in issuing charges to vehicles stuck in a traffic queue due in part to VCS's failure to keep airport roads safe and clear, despite having the legend, Road Safety Unit on their company vehicles.

 

I have contacted BBC Points West TV and Bristol Evening Post about this event as I assume that several other people were affected by similar traffic queues, and unfairly targeted by VCS Charge notices, at Bristol Airport.

A few suggestions above.

GrannyKate

I think that at 7 you need to quote Date Protection Act 2018 and UK GDPR (The UK GDPR is the UK’s post-Brexit version of the EU GDPR - but they are pretty much the same) 

Fruitcake

Actually, the DPA 2015, 2018, or 2022 can be quoted.

Boudouche1

Thank you @Fruitcake and @GrannyKate for your comments. I have amended the appeal letter, and will send it to VCS shortly

Boudouche1

A quick question @Fruitcake please. Which Reason for Appeal do I choose from the list below:

Grizebeck

its irrelevant

Boudouche1

@Fruitcake - the list of reasons (continued):

Boudouche1

Just to confirm - I am appealing as Vehicle's Keeper?

GrannyKate

Wherever possible I try to avoid specifying which bit of DPA law applies as it is so complex but you can't really do that in legal cases.  The current DPA is 2018 (this sits alongside UK GDPR - there are some things which were deliberately left out of GDPR and which were left to individual countries and their own DP Acts) A  new DP bill was introduced in 2022 but it was withdrawn and replaced with a slightly different bill which is currently at report stage in the commons (Data Protection and Digital Information (No. 2) Bill) 2022/23 - this is my specialist area of law but I read the parking thread for interest because of family experiences. 

Boudouche1

Thank you @Grizebeck . I used the reason for "Valid Ticket" for the car park, and attached anonymised confirmation of pre-paid booking in the Airport's Multi-Storey car park