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

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Comments

  • Umkomaas
    Umkomaas Posts: 42,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Conclusion - It's well worth contacting the land owner, and even when the initial contact dismisses saying there's nothing they can do to help, escalate to as high as you can 
    Nicely done. Plan A (eventually) worked. 

    We find so many lower-level staff try the fob-off line to avoid having to 'confront' their PPC, but assertive perseverance (often further up the food chain) can eventually pay dividends. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 148,185 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 March at 4:48AM

    darkovo said:
    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 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.


    August 2024

    darkovo said:

    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.
    -----------------------


    Coupon-mad said:

    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? 

    Yours faithfully
    darkovo said:
    Hi, this has now been resolved\dropped by VCS.

    After trying to find a working email for Steve Griffiths at East Midlands Airport, I found the 2nd best option was to email all evidence to ioan.reed-aspley@eastmidlandsairport.com

    Ioan did reply to say he'd look into it, I left it in his hands for over a week. I hadn't heard anything, so asked Ioan for progress on the complain, he replied to say he'd chase it up. Then a couple more days later replied to say following the evidence his team had instructed VCS to not stop persuing the case.
    We'd already created an appeal with the IAS, they have now also confirmed VCS will not be persuing the charge.

    Conclusion - It's well worth contacting the land owner, and even when the initial contact dismisses saying there's nothing they can do to help, escalate to as high as you can :)

    Good news.

    None of this would be necessary if Airports paid proper security contractors (not ex-Clampers) to apply the Byelaws rather than letting them make up their own rules and run a predatory racket with camera cars issuing as many PCNs as possible even for stops of under a minute, or emergencies/engine failures. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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