Invoice for stopping on Red Line (Airport)

Fruitcake

I suggest you start with the thread by RRTechie and also do a forum search for Bristol Airport. There are lots of threads about this entrapment scam including my own where I managed to see the scammers off.

And so it ends - Bristol Airport IAS Appeal success — MoneySavingExpert Forum

The first thing to do is establish where precisely the alleged event occurred because VCS have history for issuing PCNs to vehicles that were outside the area where they are contracted to operate. 

This post includes a link to the contract between VCS and the airport operator (which is not the landowner) that in turn includes maps of the area where VCS are contracted to operate.

Vehicle Control Services, No stopping in a queue... - Page 3 — MoneySavingExpert Forum


You should then go through the motions of complaints to the landowner (an overseas investment company), the landowner's sub-contractor, and your new MP. If the location is outside the enforcement area then include that in your complaints, and complaints to the DVLA because it means your data has been unlawfully obtained and processed.

Note that EVERYTHING must come from the keeper with no mention of the driver's identity. No, I did this, I stopped, no me, myself or I. The driver entered the site, the keeper got a PCN.

Your complaints and subsequent appeal should mention all the standard points gleaned from your searched threads, the most important being, not relevant land because byelaws apply therefore the keeper cannot be held liable, and stopping is not parking as determined in the persuasive appeal case of Jopson v Homeguard.

Post your draft complaints and appeal here for checking before you submit it. Please also show us on a map or using google streetview images where the alleged event occurred.

If the location appears on this video, then please tell us the time from the video that will identify the place for us.

Bristol Airport No Stopping Zone (youtube.com)

fredblessed

This is reassuring. The location is not on the video but does appear to be just outside the area they are contracted to operate. I'm not allowed to post links yet so I will write out the co-ordinates instead 51°23'16.8"N 2°42'53.2"W

fredblessed

Ok, so does that mean the operator did not have reasonable cause to request the vehicle keeper’s information?

Umkomaas

fredblessed said:

Ok, so does that mean the operator did not have reasonable cause to request the vehicle keeper’s information?

If the stopping spot is outside the parking firm's contracted area, then quite possibly the case. However, they've got your details, illegitimately or otherwise, so you need to deal with the case as it stands. 'No reasonable cause' won't win this for you. You need to ultimately prove the (lack of) contract situation first, then ....

... complain to the DVLA and potentially sue VCS for a breach of DPA/GDPR regulations.  First things first though.

Fruitcake

The co-ordinates you have provided place the alleged event inside a car park according to the Google map image, but the satellite image for those co-ordinates show the location as being a grass verge. Please show us on a map precisely where the alleged event occurred. Please also show us the photos provided by VCS, but with your VRM redacted.
If the location is correct, then the alleged event does appear to be outside the area where VCS are contracted to operate by a few metres, which is all that is needed to beat this, but it will be a long, hard slog. 
Whilst an IAS appeal is not normally recommended by the forum regulars, I think in this instance it is worth it as long as the alleged event did occur outside the VCS patrol area. It's how I won my son's case where he was just outside the patrol area.
It involves blowing up maps and being absolutely precise with marking where the alleged event occurred, but it is worth the effort.

You can upload images to a web hosting site such as Dropbox or postimage, then paste the URL into a post, but change https to hxxps. Someone here will change it back to a live link.

Once you have the proof the vehicle was outside the patrol area, then you should go in hard with that information in your complaints.

fredblessed

The location was here. The vehicle was in the position marked on the red line. Do you think this falls outside the contracted area? httpx://www.dropbox.com/scl/fi/lxyhf2gyz9o8cuwo1rbqq/Sign-Location.png?rlkey=dgxh4hvwzu7ekl8r9mtvejnf4&st=wl1brc5m&dl=0

LDast

Why not just post the image. Anyone can do that:

fredblessed

To be honest I think I've made a mess of this thread and think it'll be best to start over. I have received far more assistance here than I expected and would like to thank all of you (particularly Fruitcake).

I had no idea that keeper liability did not apply under byelaws and it never occurred to me that this operator had a history of taking photos on land that he was not contracted to operate. When I saw the invoice I just thought that preventing the rider from reading the terms and conditions and putting a No Motorcycle sign at the entrance to the motorcycle parking area was unreasonable and predatory behaviour.

Fruitcake

I think the location was outside the VCS patrol area, but I can't be sure without seeing the photos taken by VCS at the material time.

VCS site Plan from their contract with the landowner's sub-contractor, BA Ltd.



Zooming in, my estimate of the location marked in blue.



Google satellite image of the location.



Zoomed in satellite image with the patrol area superimposed.




You can just make out the sign, and can clearly see the sign's shadow, corresponding to the sign on the left in the image below.




So, start with simple complaints from the registered keeper to OTTP (the major landowner shareholder), Bristol Airport Ltd (the landowner's sub-contractor), VCS, your MP, the DVLA, and the DVLA KADOE team with photo evidence (VCS's photos) and the map/satellite images above to show that VCS unlawfully obtained and processed the keeper's personal data.
Point out that the location of the alleged event, conveniently shown by VCS's own photos, proves that the vehicle was outside the area where VCS are contracted to operate, and therefore VCS had no reasonable cause to obtain the keeper's personal details from the DVLA.
Also point out that stopping is not parking as determined in the persuasive appeal case of Jopson v Homegueard, and that VCS had no right to issue a parking charge notice for a non-parking event.
In any case, the site is covered by airport byelaws, meaning that the location is not relevant land as defined by the PoFA 2012, therefore the keeper cannot be held liable.

Appeal the charge to VCS since the keeper only has 21 days to do so, and this won't be enough time for the complaints to have any effect.

Personally I would go with a non-standard appeal, simply stating that
1) VCS's images show that the vehicle was outside the area where they are contracted to operate by the landowner's sub-contractor, Bristol Airport Limited, therefore the PCN/NTK was not legitimately given because no breach of Ts and Cs occurred within the contracted patrol area.
2) Stopping is not parking
3) Airport Byelaws apply therefore the site is not relevant land, therefore the keeper cannot be held liable. 

fredblessed

Thank you for putting so much effort into producing evidence. I have privately sent you a link to a bike pictured in a similar location to mine. I hope that was acceptable (just ignore it if not).