Charge for stopping in traffic Bristol Airport

YankeeBrit

Boudouche1 said:

@Fruitcake , I have already appealed to VCS, and this is the result of my appeal. VCS are now asking me to appel again but revealing the driver's identity. Shall I simply repeat my earlier statements from the first appeal? If I go with the IAS, don't I have to reveal the identity of the driver?

Where have you been advised to reveal the identity of the driver? What makes you think you must do so if you appeal to the IAS? You are not dealing with the police or authority of any sort. All you have is an ex-clamper trying to scam you out of your money.

If you really want to respond, then write what I suggested earlier or make it even simpler... go tell them to sit on a sharp stick and swivel.

Boudouche1

@YankeeBrit , if I can remember correctly, when appealing to the IAS, you ned to say if you were the driver or reveal the driver's identity. It is a drop-down field on their webpage.

I agree wiht your comments about VCS trying to get my money. Just trying to decide what to do next

Coupon-mad

Boudouche1 said:

@YankeeBrit , if I can remember correctly, when appealing to the IAS, you ned to say if you were the driver or reveal the driver's identity. It is a drop-down field on their webpage.

No you don't.  There is 'prefer not to say'.

NOT THAT YOU SHOULD TRY IAS!!

Can you show us the letter response from VCS?  If they are actually saying a keeper cannot appeal then complain about that to the DVLA.

Fruitcake

Boudouche1 said:

@Fruitcake , I have already appealed to VCS, and this is the result of my appeal. VCS are now asking me to appel again but revealing the driver's identity. Shall I simply repeat my earlier statements from the first appeal? If I go with the IAS, don't I have to reveal the identity of the driver?

@Umkomaas , you are right, VCS are my favourite client . The previous case is not resolved yet. This case relates to the car stopping in traffic due to the broken down vehicle, the earlier one relates to the penalty charge issued for stopping outside the VCS's area of responsiblity.

As I previously advised, either ignore their response, or reply as I have suggested telling them,

You were not the driver
You won't be naming the driver and they have no right to know who it was,

Then list all the points I suggested previously (just the list/headings without any explanation) including but not limited to,

Frustration of contract due to a broken down vehicle preventing the driver/vehicle from moving
Not the landowner
No contract with or flowing from the landowner
No standing to issue charges
Stopping is not a byelaw offence
All the other points I suggested
Do include the points about them being at fault for not keeping the traffic flowing/failure to manage airport road safety, and do mention the false wording on their vehicles that state it is a traffic safety vehicle but doesn't specify for what reason covert CCTV images will be used which is a breach of the CCTV CoP.

If were me, I would respond every time they contacted me and repeat the whole list of reasons why I was not liable, over and over at every stage.

I thought you knew by now there is no legal nor lawful requirement for you to name the driver where a parking charge has been received. Even a judge does not have the right to know. Where the keeper was not the driver there can never be a problem with refusing to name them even in court.
If the keeper was the driver, then that should be admitted in a court case, especially an own space case, but not at an air/sea-port or railway land where byelaws apply and the keeper can never be held liable for an alleged byelaws breach.

Boudouche1

@Fruicake, just saw your edited reply. I have saved all the photos provided by VCS. The photos show the queue of traffic on North Side Road.

I will appeal again through the VCS appeal site and do as you suggested: no driver's identity, repeat my earlier statements, suggest that VCS would lose in court etc.

Fruitcake

No, you are not appealing again. You have made an initial keeper appeal, so now you respond by repeating everything to emphasise all your original points. Do not call it an appeal. 

Boudouche1

@Coupon-mad , here is the extract from the VCS reply to my earlier appeal, as requested:

Coupon-mad

Please show their letter.

I want to see if they are refusing to let keepers appeal.

Boudouche1

Thank you @Fruitcake . I appreciate your taking time to advise. I know I have been there before, and I understand that I do not have to reveal the identity of the driver (I did not know how it works in the court though, thanks for explaining). My question was about how to appeal again to VCS who made it conditional for them to even consider my appeal if the driver's identity is not revealed.

I will appeal, again, to VCS as advised.

Boudouche1

@Coupon-mad , please see the letter below: