Any point in IAS appeal if I already inadvertently identified driver?

genericusername123

As per title, unfortunately I engaged in an appeal directly with VCS (parking administrator for Bristol airport, where this happened) for my charge notice before coming across this forum. In doing so I inadvertently confirmed to them that I had been the one driving. My appeal has been rejected. 

The original incident happened a few weeks ago and I have a few days left before the fine goes up from £60 to £100. All the advice here says there's very little point in engaging with IAS in a further appeal - so, am I out of options? 

Below is the text I used in my appeal. In my appeal I also attached proof of my partner's train ticket and the parking ticket which shows I entered around a minute after their CCTV evidence, although I really don't think those points necessarily matter. Many thanks in advance for any advice.

"Dear Sir or Madam

I am writing to appeal the above Charge Notice (reference number [redacted]).
On the day in question, I travelled unexpectedly to Bristol Airport after my partner missed his flight due to circumstances beyond our control.

Having entered the airport road network, I intended to use the appropriate paid parking facilities. However, as a driver unfamiliar with Bristol Airport, upon my arrival I found there were multiple car parks and there was no realistic opportunity to safely determine which car park I should enter before being required to pass the barriers and being subjected to paying the associated fees.

I was faced with the choice of attempting to interpret unfamiliar parking information whilst driving, using my mobile phone whilst driving, or stopping briefly in order to determine the correct paid parking area. I chose the option that allowed me to comply with my responsibilities as a driver by avoiding the use of a mobile phone or attempting to read detailed parking information whilst driving.

The CCTV images you have enclosed show my vehicle being stationary for 34 seconds (19:40:59–19:41:33). As evidenced by the enclosed parking receipt, I entered the appropriate paid car park immediately at 19:43 and paid the applicable parking charge. This demonstrates that I had every intention of using Bristol Airport's parking facilities correctly and was not attempting to avoid payment or obtain any financial advantage. At no point did I leave the airport road network without paying for parking, nor did I stop for the purposes of picking up or dropping off passengers.

I would also ask you to consider whether the current layout and signage provide motorists unfamiliar with the airport with a genuine opportunity to understand the applicable parking arrangements and the terms on which this charge is said to arise before they are expected to comply with them. In my case, there appeared to be no safe or lawful opportunity to assess the available parking options without either continuing to drive whilst interpreting unfamiliar information or stopping briefly in order to determine the correct paid parking area. I do not believe a motorist unfamiliar with the airport is given a fair opportunity to understand those arrangements before being expected to comply with them.

On the day in question, I had to leave home unexpectedly after my partner missed his flight. His train to Bristol Airport had been delayed for over two hours following a fatal incident on the railway, during which passengers were unable to leave the train. As a result, he missed his flight and I had to travel to the airport at short notice to collect him and help him arrange alternative travel. I have enclosed evidence of the rail disruption together with his original flight details. I include this information to further evidence the fact that the trip was unexpected and I had had no opportunity to prepare in advance. Further information on the incident in question available at this link.

In summary, this was an isolated incident arising from exceptional and unforeseen circumstances. My stop was brief, solely for the purpose of identifying the correct paid parking location, and was immediately followed by my use of your parking facilities exactly as intended.

In light of these circumstances, together with the fact that I did pay for parking and did not seek to circumvent the airport's parking system in any way, I respectfully request that you exercise your discretion and cancel this Charge Notice."

yarpsnehpets

You will not win at IAS since they are in bed with these scammers.

The fact is that you have no contract with VCS which would allow them to invoice you for £100.

However, you will have to play the long game.

VCS are chancers and are easily beaten in Court if they ever go that far.

Car1980

Driver identity doesn't matter if their paperwork adheres to the legislation, which VCS's does.

I would rather crawl over hot coals than pay these parasites and try court instead, which you probably will have to do as they're pretty litigious.

Just make sure you don't choose Bristol as your local court as they do win down there.

Coupon-mad

"The original incident happened a few weeks ago and I have a few days left before the fine goes up from £60 to £100. All the advice here says there's very little point in engaging with IAS in a further appeal - so, am I out of options?"

Obviously not. IAS was never a valid option anyway. Don't you dare pay sixty quid to VCS!

😆

Please show us the NTK showing the timing of 34 seconds. I want to show it as evidence to the Government and CMA. Redact your data, VRM & PCN ref, and cover all QR codes.

genericusername123

Thanks for your comments so far. I read through the various MSE forum guidance before posting but all the advice rested on the fact you hadn’t revealed your identity, so I am getting my head around the advice you’ve posted so far about my particular case. 

What I’m understanding is that I should neither pay VCS nor file an appeal with IAS and chance VCS taking it to court - is that right? That sounds pretty risky - particularly as my name is attached to it - and expensive. Is there any further guidance or resources that outline why this line of action would be recommended? Is there a legal basis to it? For clarity, at Bristol airport there is signage saying not to stop, my issue was that I could not determine which car park to enter without stopping and in my stress I didn’t see any 'no stop' signage in my immediate area.

I’ve also attached the picture of the CN / NTK, as per Coupon-mad ‘s request. Thanks again for the help so far!

Coupon-mad

Not only is that CCTV camera half a mile away (covert surveillance is illegal, per ICO rules and UK GDPR 2018) but your car doesn't look to be on double red lines?!

This isn't fair or lawful IMHO. This is predatory surveillance over a brief, momentary 34 second halt whilst in the course of driving.

Umkomaas

The first and third photos are identical.

yarpsnehpets

Quick question;

Has anybody ever studied in any detail how the VCS Ltd claim of contract in these instances would fit in with the framework set out in the Consumer Contracts Regulations?

In particular, is there not a requirement for the 'trader' (VCS) to provide the consumer (the driver) a 'confirmation of contract' as set out in the CCRs? The consumer is not bound by contract terms until the confirmation is provided by the trader?

James_Poisson

https://forums.moneysavingexpert.com/discussion/comment/82099953#Comment_82099953

Not quite @Umkomaas they are 34 seconds apart, and if you enlarge them the there is a vehicle coming up behind in the second photo that isn't in the first.

But it's clear no one got out of the vehicle, it could even had stalled for the time it was stationary there is no logical reason to issue a Parking Charge other than the pure greed of the so called parking company applying an implied commercial contract intransigently for profit.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82100107#Comment_82100107

Not really studied in depth but it is acceptable to the MHCLG. I think stops of under a minute should not get a PCN at all.

The IPC say the contract is formed whilst driving but if the signs are poor and the camera hidden half a mile away, then it's unlawful surveillance.

James_Poisson

"The IPC say the contract is formed whilst driving"

It's quite ridiculous in a way, by that way of operating John Lewis could put up big signs at their entrance stating If you cross this threshold you must buy something.