Clutch failure, took <2 minutes to get going again - Stopping Prohibited East Midlands Airport fine

darkovo

The Vehicle Control Services Limited company have sent me a Charge notice letter in my name. Still images show times of stopping before a roundabout for 1 minute 17 seconds.

The van unfortunately stopped due to the clutch slave cylinder failed, pedal went straight to the floor and van stalled on the approach to a roundabout within East Midlands Airport. It took just over a minute to figure out how to get it back into gear and set off again, then managed to get out of the airport without any more stalling. The new clutch kit was ordered the same day from ebay and was fitted a few days later.

I'm not really sure how to show evidence of the failure, I have the ebay invoice showing the purchase of what it is and date etc, and could get a letter signed from my mechanic of the diagnosis and fitting if this would help?

Any help will be gratefully received.

Thanks

Coupon-mad

Appeal with evidence to VCS but without using words that imply who was driving. Say 'we' not 'I' or just "the driver".  Point out the Airport Byelaws ALLOW AS AN EXEMPTION, stopping due to an emergency.

Then when VCS reject the appeal, do not try IAS but instead complain to the Airport that VCS are upholding unfair charges which breach and ignore the emergency exemption in the byelaws.

Also get your constituency MP to write to the Airport saying the same thing, supporting your complaint.

Don't pay. Don't panic. Don't try the IAS.

darkovo

Coupon-mad said:

Appeal with evidence to VCS but without using words that imply who was driving. Say 'we' not 'I' or just "the driver".  Point out the Airport Byelaws ALLOW AS AN EXEMPTION, stopping due to an emergency.

Then when VCS reject the appeal, do not try IAS but instead complain to the Airport that VCS are upholding unfair charges which breach and ignore the emergency exemption in the byelaws.

Also get your constituency MP to write to the Airport saying the same thing, supporting your complaint.

Don't pay. Don't panic. Don't try the IAS.

Many thanks, will do

darkovo

Coupon-mad said:

Appeal with evidence to VCS but without using words that imply who was driving. Say 'we' not 'I' or just "the driver". 

I've just received a reply email:

We refer to correspondence received from you concerning the above numbered Charge Notice.

Please note that responsibility for this Charge lies with the driver of the vehicle at the time the contravention was

observed. However, we are unable to ascertain who the driver was on the date in questions from the information

given within your appeal.

In order for us to process your appeal correctly, please follow the instructions below:

1. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME (Forename

and Surname) and a valid FULL SERVICEABLE HOME ADDRESS within 14 days.

2. If you are representing the driver we require a signed and dated statement from the driver of the vehicle confirming

that you are authorised to appeal on his/her behalf; this needs to be an original signature and not a photocopy or a

stamp. The statement MUST contain the drivers FULL NAME (Forename and Surname) and a valid FULL

SERVICEABLE HOME ADDRESS.

Please ensure that correspondence is submitted through the portal www.myparkingcharge.co.uk in order to correctly

adhere with the appeals process.

Grizebeck

Go back to them and tell them it's an appeal by the keeper. 

KeithP

Ignore that and wait patiently for your appeal rejection letter.

Coupon-mad

Dear VCS.

No. The driver will not be named.

I am the recipient of a purported Notice to Keeper and I'm entitled to appeal.

Deal with the dispute professionally.

How are you getting on with the other case that VCS inadvisedly appealed and have now managed to get dragged to the Court of Appeal, by the way? The popcorn is out on MSE so an update from Jake would be fun.

Yours faithfully

Grizebeck

use the above reply exactly as it is

darkovo

The latest email reply letter has now been received from them, as expected they rejected the appeal and ignore the fact the vehicle stalled due to the clutch slave cylinder failure, whch should be classed as a breakdown/emergency stop, albeit for under 2 minutes. Any advice on how to proceed please?

Here's their email letter:

"Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our
main reason(s) for this decision are as follows:
The signs at the entrance to the East Midlands International Airport and the access roads within, clearly state "No
Stopping", giving clear notice that the land is private property and that a Charge of £100 will be levied if vehicles do
stop. The above detailed vehicle stopped in a zone where stopping is prohibited and the driver became liable to pay
that Charge.
In your appeal it is unclear who the driver was when your vehicle was seen to be stopped on the access road.
It is important we highlight that we will continue to pursue this matter on the reasonable assumption that you were the
driver of the vehicle on the date in question until information/evidence to the contrary is provided.
We note your comment that you had a problem with your vehicle and stopped to investigate; however as stated, the
signs near to the location you stopped clearly stated "No Stopping" and warned that if you did so, you were liable for
the Charge displayed.
There are over 240 high profile signs advising drivers not to stop and warning that if a driver does stop, a charge of
£100 is payable. The signs exceed recognised industry standards, with some as large as 2m by 1.1m (6ft 6in by 3ft
7in) which clearly state "No Stopping" alongside the nationally recognised Highway Code symbol for a Clearway (No
Stopping). Furthermore, the signage on the approach road is reflective and positioned to face oncoming vehicles and
the text size used is relative to the average approach speed of a vehicle in relation to the speed limit in force at that
location.
Signs on site clearly display a Helpline telephone number which is available for use by motorists who have any
problems or queries in respect of their use of the site. In this case the driver should have called that Helpline so that
arrangements could be made or advice given in respect of any problem they had.
We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to
accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the Charge
will stand; photographic evidence which supports this can be viewed at www.myparkingcharge.co.uk.

What you should do next - Either:
1. Pay the Charge Notice (CN): In order to settle the Charge, the payment of £60 to reach us by 19/09/2024 or £100
to reach us by 03/10/2024 must be made. Failure to pay this charge within the stated times, may result in Debt
Recovery Action being taken and further costs up to an additional £70 being incurred. Payments can be made
online at www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling
0845 226 9138 by using a valid Credit or Debit Card.
OR:
2. Appeal to the Independent Appeals Services (IAS): If you believe this decision is incorrect, you are entitled to
appeal to the IAS. In order to appeal, the IAS will need the following information (which is also contained in the
subject header of this correspondence).
Notice Serial No: **************** Vehicle Registration Mark: *********
Appeals must be submitted to the IAS within 21 days of the date of this correspondence. Please visit www.theias.org
for full details on how to submit an appeal online.
It is important you note that if you do make an appeal to the IAS, the reduced charge offered above will no longer
apply. You should also be aware that if a payment is made prior to an appeal being made to, or adjudicated by, the
IAS AND this is accepted as Full and Final settlement against the CN, the appeal will automatically be dismissed and
the matter will be deemed closed. Should you appeal to the IAS and it is unsuccessful, the full amount outstanding
(£100.00) will become payable within 14 days of the date the IAS decision is notified to you. Failure to pay this sum
in the 14 day period will result in debt recovery costs of up to £70.00 being added to the outstanding balance.
It is important we also highlight that no further appeals will be accepted at this office; any such appeal must be
made to the IAS.
Please also note that further costs may be incurred should it be necessary for us to subsequently recover any
outstanding charge using further debt recovery and/or court action.
Yours sincerely
Appeals Administration Team
CENTRAL PROCESSING OFFICE"

@Grizebeck @Coupon-mad and anyone else

Grizebeck

Complain to the airport 

fisherjim

Greedy scamming dimwits!