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East Midland Airport - VCS Charge for stopping on a zone where stopping is prohibited.

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I received a parking charge for stopping for 32 seconds. I was panicking as I have never been to this airport before and was picking my son up as his flight had been cancelled to Manchester. I stopped to put in the address/postcode for the rapid pick up zone as I had not checked out the address before leaving home. (I also received a charge for forgetting to pay for this by 12 o clock that evening)
Is there any point in trying to appeal this charge. Its very stressful having this hanging over me. They use such bullying tactics.
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Comments

  • Car1980
    Car1980 Posts: 1,548 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    It's entirely a contractual charge and these daft stopping zones are generally unenforceable. They quite often even put zebra crossings there so that they can charge you for not running over a pedestrian.

    How can you read a contract and choose to accept or decline the offer whilst in motion? Obviously stopping would incur a charge, so it becomes a case of "by reading this sentence you agree to pay us £100".

    It's also a "forbidding contract" where there is no consideration exchanged, meaning it was never formed. Permission to come to a halt is not a commodity of any value.

    But above all that you have the relevant lane issue at airports, where the Protection of Freedoms Act doesn't apply. Search the forum for other airport land threads for instructions.
  • Coupon-mad
    Coupon-mad Posts: 152,614 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I received a parking charge for stopping for 32 seconds. I was panicking as I have never been to this airport before and was picking my son up as his flight had been cancelled to Manchester. I stopped to put in the address/postcode for the rapid pick up zone as I had not checked out the address before leaving home. (I also received a charge for forgetting to pay for this by 12 o clock that evening)
    Is there any point in trying to appeal this charge. Its very stressful having this hanging over me. They use such bullying tactics.
    Complain to EMA but ignore VCS. No paying.

    Read the NEWBIES FAQS thread.
    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:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • di.partridge
    di.partridge Posts: 5 Forumite
    Eighth Anniversary First Post Combo Breaker
    Thanks both. 
    I’ll check out what you suggest. On the one hand I’m outraged they can get away with this on the other hand life’s pretty stressful currently so it’s another stress I could do without
  • Gr1pr
    Gr1pr Posts: 8,769 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 11 August at 7:47PM
    So please fill in the current government survey mentioned in numerous threads by coupon mad,  before it closes, so needs doing this month.  Victims should be complaining while they can do so 
  • Umkomaas
    Umkomaas Posts: 43,420 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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
  • Nellymoser
    Nellymoser Posts: 1,588 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Agree respond to the consultation and consider joining the other 1,715 people who are asking Govt to:
    Ban Drop-off charges at airports 
    Sign and share
  • I received a parking charge for stopping for 32 seconds. I was panicking as I have never been to this airport before and was picking my son up as his flight had been cancelled to Manchester. I stopped to put in the address/postcode for the rapid pick up zone as I had not checked out the address before leaving home. (I also received a charge for forgetting to pay for this by 12 o clock that evening)
    Is there any point in trying to appeal this charge. Its very stressful having this hanging over me. They use such bullying tactics.
    Complain to EMA but ignore VCS. No paying.

    Read the NEWBIES FAQS thread.
    Are you suggesting I don't even appeal the charge with VCS?

    I am complaining to EMA but am struggling to know where to send this. Is it via the EMA website, "contact us" section?  I am going to use the template "one size fits all" letter on the newbies page. And adding the points from Car1980.

    I am confused after reading a number of posts as to whether is is important for me to NOT admit to being the "driver". 

    Thank you again for the help. 
  • Car1980 said:
    It's entirely a contractual charge and these daft stopping zones are generally unenforceable. They quite often even put zebra crossings there so that they can charge you for not running over a pedestrian.

    How can you read a contract and choose to accept or decline the offer whilst in motion? Obviously stopping would incur a charge, so it becomes a case of "by reading this sentence you agree to pay us £100".

    It's also a "forbidding contract" where there is no consideration exchanged, meaning it was never formed. Permission to come to a halt is not a commodity of any value.

    But above all that you have the relevant lane issue at airports, where the Protection of Freedoms Act doesn't apply. Search the forum for other airport land threads for instructions.

    Looking through threads, I have found this notes/comments, below. Am I right in thinking that these would be relevant to me? They run alongside what you say I think. 

    "I am the registered keeper. VCS cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, VCS will be well aware that they cannot use the PoFA provisions because Bristol Airport is not 'relevant land'. (me - VCS vs Edwards?)

    If Bristol Airport wanted to hold owners or keepers liable under Airport Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because VCS is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for VCS's own profit (as opposed to a bylaws penalty that goes to the public purse) and NCP has relied on contract law allegations of breach against the driver only.

    The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. So, you are urged to save us both a complete waste of time and cancel the PCN.

    As the registered keeper, I am aware that Vehicle Control Services Ltd cannot hold me liable under the Protection of Freedoms Act (PoFA) for alleged contraventions on land that is subject to statutory control. Bristol Airport is not “relevant land” as defined under PoFA, and as such, keeper liability does not apply.

    If Bristol Airport intended to pursue such matters under its bylaws, that would be within its rights as the landowner. However, this is not being pleaded, and even if it were, VCS is not the landowner and does not have standing to issue penalties under those bylaws. VCS’s notices are issued for private profit and do not constitute public penalty charges. As such, they rely solely on alleged contractual breaches by the driver."


    Thank you for your help again.
  • Coupon-mad
    Coupon-mad Posts: 152,614 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do not admit to driving. Just say 'we'.

    There's no point appealing to IPC firms.
    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:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Do not admit to driving. Just say 'we'.

    There's no point appealing to IPC firms.
    I understand there being no point in appealing, as it does nothing. But it stops me receiving letters from them for a few weeks and therefore less stressful for me.

    Please can you say if you think the EMA website is the correct address for me to send my complaint to. I'm not sure if that is the same as the landowner.

    Thanks.

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