Help needed, Charge Notice received from East Midlands Airport

Sunny98

Hi all

I'm after some help please!

I've received a charge notice from Vehicle Control Services LTD.

Situation:

As I got close to EMA I was looking for signage to the car park I had reversed a spot in (long stay 2). I found the signage to be confusing and as I approached the car park (the pictures you’ve attached to the charge notice) and I realised it was the wrong car park. There was a car next to me and one following very shortly after, so it wasn’t safe to turnaround; I had merely slowed down (and not completely stopped, I think) to allow the cars to pass so I could safely turn the car around after and head to my intended destination which was long stay 2.

Here are the pics, the time order of the pics is number 2 then 3 then 1.

You can clearly see that the cars that follow me making it unsafe to turn. 

Also they've not sent a pic of me actually on the red route lines.

How can I best contest this?

Thank you in advance for your help.

Sunny98

Also when I go on the website to appeal it asks for a reason, what would be the best reason to select? I'm the owner and the driver.

Sunny98

@Coupon-mad - could you please help? any help you can offer would be much appreciated. 


Thanks in advance.

Coupon-mad

'There was no signage' is a good choice because most of the others cause people to be saying they were driving. Obviously don't.

LDast

Sunny98 said:

Also when I go on the website to appeal it asks for a reason, what would be the best reason to select? I'm the owner and the driver.

That choice is designed to entrap you. Whilst the "no signage" is the only obvious option that does not admit to being the driver, it is important for you to understand why.

Only the driver is liable for the charge. VCS don't know the identity of the driver unless you, the keeper, tells them. There is no legal obligation for the keeper to identify the driver. Because VCS don't know the identity of the driver, they have nowhere to go with this. They are not allowed to assume or infer that the keeper must also be the driver.

If this was not on airport land or land that is under statutory control, VCS could use the provisions of PoFA 2012 to transfer liability for the charge from the unknown driver to the keeper. However, as this is airport land and therefore land that is under statutory control, they cannot use the provisions of PoFA to transfer that liability. Catch 22 for the intellectually malnourished ex-clamper thugs at VCS.

That will not stop them from hoping that you are low-hanging fruit on the gullible tree and will admit, inadvertently or otherwise, to identifying the driver. Now the you are here and have read the Newbies/FAQ thread, we hope you understand why you do not identify the driver. You are the keeper and responding to anything as such. The keeper and the driver are two separate legal entities in civil law.

Sunny98

Thank you for your help so far. Just to clarify, should I use the template in the Newbies thread to appeal and add what I've written above?

Gr1pr

Sunny98 said:

Thank you for your help so far. Just to clarify, should I use the template in the Newbies thread to appeal and add what I've written above?

Probably better to use the not compliant with POFA template adapted from other airport threads, like JLA or Bristol , adding the poor or no signage seen by the driver to it, then appeal using that no signage option 

No blabbing about who was driving, do not infer it, no stories either, so nothing about what happened , keep it simple 

Expect a rejection, after that you wont be doing anything else UNLESS a court claim arrives in the future , the driver will not be revealed 

Sunny98

Gr1pr said:

Sunny98 said:

Thank you for your help so far. Just to clarify, should I use the template in the Newbies thread to appeal and add what I've written above?

Probably better to use the not compliant with POFA template adapted from other airport threads, like JLA or Bristol , adding the poor or no signage seen by the driver to it, then appeal using that no signage option 

Sorry to be a pain, but could you direct me to where I can find the not compliant with POFA template adapted from other airport threads? I want to make sure I use the right one. Could you add a link please?

Thank you

Coupon-mad

You just search the forum for Airport non-POFA and change the filter to NEWEST.

Sunny98

Thank you all for your help so far, I did a quick search and came across this example which I will use, I've added in points 2 and 3. Please let me know if this is good enough to send?

I am writing to formally contest the parking charge notice issued on May 17th, referencing the vehicle registered under my name. As the registered keeper, I decline to disclose the driver's identity, as it is not a requirement under my obligations.

I am well aware that under Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012), parking operators must meet specific criteria, including sending a Notice to Keeper (NTK) within the designated timeframe and adhering to the prescribed format.

Upon thorough examination of the provided documentation, it is apparent that the Notice to Keeper fails to meet the stipulations outlined in POFA 2012. Crucially, the NTK lacks mandatory information as mandated by law, rendering any attempt to establish keeper liability invalid.

Consequently, as the registered keeper, I bear no liability for this parking charge. I hereby request a cessation of any further communication pertaining to this matter and urge the cancellation of the parking charge notice accordingly.

Furthermore, I would like to highlight additional reasons for my refusal to comply with your demand for payment:

1.    Insufficient Signage: The car park in question lacks adequate signage to clarify relevant parking restrictions. Consequently, no contract can be legally formed between the driver and the landowner, rendering all issued tickets invalid.

2.    The images provided do not show the vehicle had stopped in a prohibited stopping zone; please provide a video clearly showing the vehicle stopping in a prohibited stopping zone.

3.    I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as a video clearly showing the vehicle had stopped in a prohibited stopping zone.

Should you choose to reject this appeal or fail to address the concerns raised, I expect compliance with the BPA AOS Code of Practice 22.12. Kindly provide all necessary information, including the contract between your company and the landowner, along with the requisite 'POPLA code', for immediate referral of this matter.

Furthermore, I request evidence demonstrating your authority to demand payments and issue parking charge notices within the car park in question. Please furnish a copy of the contract granting you such rights.

Additionally, please clarify the basis of your claim – whether it pertains to trespass, breach of contract, or a contractually agreed sum. If claiming trespass, I require a comprehensive breakdown of the actual loss incurred by your business or the landowner. Conversely, if alleging breach of contract or a contractually agreed sum, kindly provide a copy of the purported contract entered into by the driver.

I anticipate written confirmation of the resolution of this matter and assurance that no further action will be taken against me as the registered keeper of the vehicle.

Please respond to this appeal within 14 days of this letter's date. Failure to do so may necessitate further escalation, including formal complaints to relevant authorities.

Thank you for your attention to this appeal, and I await your prompt response.

Umkomaas

Should you choose to reject this appeal or fail to address the concerns raised, I expect compliance with the BPA AOS Code of Practice 22.12. Kindly provide all necessary information, including the contract between your company and the landowner, along with the requisite 'POPLA code', for immediate referral of this matter

VCS are not a BPA AOS member.  POPLA is not available to you.