VCS Bristol Airport U-turn prior to entering short stay lot

moneybits

Hello,
   I've read through the newbie thread and followed several of the threads related to airport parking, bylaws, etc as well as read through the Bristol Airport Terms.pdf linked elsewhere.  Pretty horrible what these people are doing.

   Sadly, before I learned of this thread (or even this site) I appealed my case to VCS and had admitted I was the driver, thinking my situation was reasonable.  How little I knew. 

   My case essentially boils down to having a left-hand drive vehicle, trying to pick up an arriving traveler, and not wanting to enter the short stay car park (was mis-lead by the signage that indicated that the turn I took was for short stay AND pick up) since I had no easy way to collect a ticket from the dispenser. 
    I did a u-turn at the entrance and didn't enter the car park.  The CCTV evidence doesn't show me disrupting traffic or blocking anyone else wanting to enter.
    I'm not sure the turnaround falls under a reasonable grace period for me to decide if I wanted to enter or not? 
   Also, I'm not confident I can reasonably contact an MP since I'm here on a work visa and don't know if the local MP will want to waste their time on me as I'm not a constituent.

   I'm very appreciative of any advice the forum has to offer, thank you, even if it is to just pay up.

LDast

You can search the forum for many similar cases of VCS and Bristol Airport. However, you say you've already appealed. Did you reveal the identity of the driver, inadvertently or otherwise?

moneybits

Hi @LDast, thanks for the reply.

Yes, when I appealed to VCS I had admitted I was the driver, thinking my situation was reasonable and they'd let me off since I hadn't actually stopped.  Didn't realize that VCS were such scammers. 

Coupon-mad

Either:

- try IAS for the laugh then (when you inevitably lose, having cost VCS £15 for the farce of that kangaroo court) ignore the threatograms

or

- go straight into 'ignore the threatograms' mode now.

DO NOT PAY.

Only steps to take (if not wasting yours and VCS' time on the joke IAS):

- Tell them if you move house within 6 years.

- Ignore the tedious £170 threatograms (examples are shown in pictures in the 4th post of the NEWBIES thread).

- Come back if you get a LBC as per the 2nd post of the NEWBIES thread.  Probably from Elms Legal or DCB Legal. Search the forum and read a few!  Easy to beat.  They keep discontinuing well defended Airport claims.

There is no risk in defending a claim.

  

Fruitcake

You say you are here on a work visa. Does that mean you do not live in the UK? 

moneybits

To @Fruitcake -- I live in the UK but am not a UK citizen.  I only mention this b/c I don't know how that will impact the local MPs willingness to help me.  Also, I don't want to take their time not being a voting constituent.  Normally, there is no harm in asking, but taking an MPs time to intercede for a non-constituent doesn't fair to actual constituents.

Thanks for your and the forum's assistance.

The_Slithy_Tove

Don't forget to complain to the DVLA as VCS have obtained the keeper details unlawfully. They had no reason to do so as there was no contravention (if you didn't stop). You could even threaten VCS with a lawsuit for DPA breach - certainly issue a counterclaim for this if they ever proceed with legal action.

Fruitcake

MPs are the only people who can end the misery caused by this unregulated industry. You are a resident of this country. There are several million UK citizens in this country who cannot vote, but MPs are still responsible for those people in their constituency.

I still suggest you complain to the MP for the area where you currently reside. You have to abide by UK law, so the law, or in this case, the people who make the law, should be accountable for people like yourself who are affected by law, which in this case is Schedule 4 of the Protection of Freedoms Act 2012, and The Consumer Rights Act 2015 to name a few.

I suggest you use this website. All you need to do is put in your postcode and it will automatically find the MP for your area. You then just fill in the proforma provided.

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

As for the alleged event, have you looked at all the images of the vehicle in question held by VCS. The ones on the NTK don't show the vehicle stopped, although I suspect there are others that do.

In addition, the airport is not relevant land because airport bylaws apply, and stopping is not a bylaw breach, nor is it parking. Attending to a vicissitude of some short duration (changing a wheel, looking for directions, turning round etcetera) is not parking as determined in the persuasive appeal case of Jopson v Homeguard, case number B9GF0A9E. 
The transcript is available online, so have a look at the judge's comments around paragraphs 19 and 20.

Use the Jopson case, and stopping not being a bylaws breach in your complaints and IAS appeal, explaining as you have done in this thread about it not being possible (as opposed to being difficult) to obtain a ticket in a left-hand-drive vehicle, thus causing a frustration of contract.

You should also do the standard complaints to the landowner and their sub-contractor who employed VCS. Details can be found on the airport website and other BSL threads.

Fruitcake

I've just noticed that the NTK says the images were taken using a mobile enforcement cameras, but this appears to be untrue. It looks like the images were taken from a pole mounted CCTV camera. 

You should include very single point available to you in your complaints and IAS appeal. Do make sure you use the free appeal version, and not the one that costs motorists £15.

The main road through the site was going to be closed at some point, and a different road used for access to car parks and other facilities. Please check the map linked from the Bristol Airport Terms pdf in this post and let us know where the alleged event occurred. VCS have a habit of issuing charges on land where they are not contracted to operate.

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

The contract is actually out of date, but nobody has yet managed to obtain a copy of the current one. You should therefore state that VCS do not have a contract with or flowing from the landowner, Ontario Teacher's Pension Plan in complaints and appeals.
It would be nice to flush out a copy of the new contract if it exists.

moneybits

Thanks again @Fruitcake.  Attached are images taken from the terms pdf with a yellow oval where the images are showing the alleged event occured (near roundabout on left).  It's outside of the red highlighted area where the service is supposed to be provided.  I've also uploaded a picture of the area behind my vehicle as I was exiting the slip area into the short stay car park showing red lines behind the vehicle which I pulled from their excel site.  That's where the u-turn occurred.

(Removed by Forum Team)

Car1980

Bear in mind the entire premise of forming a contract where stopping incurs a charge is impossible UNLESS they have a specified "stop here, read this contract and understand from this point on stopping will incur a charge" area AND there is a facility for them to refuse the terms of the contract and leave immediately.

You cannot form a contract with a person in a moving vehicle that stopping will incur a charge merely using a no stopping symbol road sign.