Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Coalman on June 09, 2026, 12:48:48 pm
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Thank you, once again, Intercity 125. I will send an email to VCS today which will contain your much-appreciated information. I will also send then the link to the Bye Laws that jfellows has suggested as well. Thank you.
Regards.
Coalman
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On top of everything jfollows as said, and hopefully relevant for other, you can check if byelaws apply using this website which I personally developed:
https://www.ninjapcn.co.uk/#pcn-check-tool
It confirms that the petrol station is well within the boundaries.
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You could reply with the following;
PCN Number -
Dear VCS person,
Thank you for your recent correspondence relating to the above PCN.
You guys appear to have got yourselves into a terrible muddle over this matter.
You continue to claim a reliance on PoFA when PoFA cannot possibly apply at this location.
For the purposes of clarity, this site appears to be some kind of fuel station set within the established statutory area known as East Midlands Airport. This area has a clearly established boundary and your client's land is clearly set within that boundary. This area is controlled by a statutory instrument (SI) and road traffic is specifically covered in the SI.
This means that this is NOT relevant land for the purposes of PoFA since land under statutory control is specifically EXCUDED from PoFA.
As a parking operator you should already be aware of this.
Furthermore, you are in clear breach of your Code of Practice (COP).
Your COP expressly forbids operator's from claiming PoFA in situations where PoFA cannot be applied.
You have therefore obtained my keeper details (from the DVLA) unlawfully since the DVLA require you to agree to follow the COP in order to access keeper records.
In your last letter, you once again claimed PoFA keeper liability - this appears a deliberate attempt to mislead me.
I will not be making any further representations at this time - there simply no route to liability in this matter.
Best wishes,
xxxxxx xxxxxxxx
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Hello Lads.
I had a reply from my appeal letter last Friday:
We refer to your appeal in respect of the above Charge Notice (CN) received on 15/06/2026.
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 where your vehicle was observed within the Fuel Station, 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 the advertised Charge.
We note that you have declined to name the driver of your vehicle at the time of the incident in question. It is
important that we make you aware that in this case we may pursue you as the registered keeper of the vehicle for the
outstanding Charge, as per Schedule 4 of the Protection of Freedoms Act 2012 (PoFA).
The notice sent to you clearly states: Please be warned: that if, after the period of 28 days beginning with the day
after the Issue Date of this Notice, the amount of the unpaid Parking Charge specified in this Notice has not been paid
in full and we do not know both the name of the driver and a current address for service for the driver, we will have
the right to recover from the registered keeper, any unpaid balance of the Parking Charge. This Notice will be deemed
to have been received by you on the second working day after the Issue Date stated above unless the contrary is
proved.
A review of our CCTV evidence has confirmed that on the date in question, your vehicle stopped for an unreasonable
amount of time in any area where stopping for any reason is strictly prohibited. As stated, the signs near to the
location your vehicle was observed clearly stated "No Stopping" and warned that if you did so, you were liable for the charge advertised.
I hope and will thank you all in anticipation for your further advice on my next move.
Cheers!
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Submitted the 2nd Appeal.
Thank you for your help.
;D
Coalman
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Having examined the notice I would say that they are going to claim that this is PoFA compliant even though this is airport land.
It makes no odds at this point as we are going to send them a simple response to their previous letter in order to move the matter forward.
Send the following letter back to VCS in response to their previous letter;
To whom it may concern,
Thank you for your previous letter - I have duly notice its contents.
I write as the Registered Keeper of the vehicle in question.
In this instance I will not be supplying any driver details (either now or at any point in the future) as the law does not require it.
As you are no doubt aware, no adverse conclusion can be drawn in a situation where I exercise my right to say nothing in a circumstance where the law does not require it.
As I understand it, there is no possible way that a vehicle driver could have entered into a contract with VCS in the manner which you appear to claim.
I am sorry that I cannot help you further.
Best wishes,
xxxxx xxxxxxxxx
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https://ibb.co/ymvDnTM6
https://ibb.co/CdVFVzP
https://ibb.co/ymvDnTM6
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You’re over-analysing this.
Follow the advice and do what you think is right if you’re unsure.
If you obscure something we need, we’ll ask for it.
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I must say a REAL thank you to you lads who know the ropes and spend YOUR time trying to help the numpties amongst us . It IS appreciated!
I have just read the link mentioned above and believe that this is what I need to do.
I am scanning both sides of the charge notice now. Before redacting anything, can I ask, to be absolutely sure....
Should I redact/leave the following:
Delete name and address at the top of the letter of Keeper?
LEAVE the Issue Date,
Delete the PCN Ref no ?
Delete the VRM Reg no.?
Delete vehicle make ?
Delete vehicle model?
LEAVE the Contravention date,
LEAVE the Contravention time,
LEAVE the Contravention Reason,
LEAVE Site name,
Redact the reg no on car photos,
LEAVE the 'payment dates deadlines' etc.
OVERLEAF
Delete the Ref/Serial no,
LEAVE the Issue Date,
Delete the VRM .
Thank you.
Just another thing. This alleged contravention happened very early in the morning apparently, in the darkness of an April night/morning and apparently the signage, if there was any could/was not to be actually SEEN. It is very difficult to see signs that are not illuminated during the hours of darkness and it is also difficult to get evidence of the 'dark signs' when you apparently cannot stop to take evidential photographs during the hours of darkness otherwise one might receive another PCN.
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The OP needs to post up the NtK showing both sides but redacting ONLY personal data.
Keep all dates visible.
The Code of Practice does comment on the use of PoFA in circumstances where PoFA cannot be applied but the wording used is unintelligible;
The parking operator must not serve a notice or include material on its
website which in its design and/or language:
a) implies or would cause the recipient to infer statutory authority where none
exists;
b) deliberately resembles a public authority civil enforcement penalty charge
notice;
c) uses prohibited terminology as set out in Annex E; or
d) state the keeper is liable under the Protection of Freedoms Act 2012 where
they cannot be held liable.
The lead-in states, "The parking operator must not serve a notice...which in its design and/or language:"
And then specifies, "state the keeper is liable under the Protection of Freedoms Act 2012 where
they cannot be held liable."
So this doesn't read properly.
The lead-in suggests that a notice which in its design / language could suggest PoFA but then condition 'd' uses the word "state that the keeper is liable under PoFA"
So the paragraph uses contradictory rules.
In the case of VCS - their PCN clearly uses wording which mimics that of PoFA but doesn't state PoFA.
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I’m not saying the notice is compliant with PoFA, but there is no requirement to explicitly state “PoFA” I don’t believe. Just to implement all its requirements.
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They're skating on thin ice, relying on most people not being informed and paying up. The PCN is dressed up using the POFA wording, but it doesn't actually mention it. They are, I think, actually in breach of the KADOE contract with DVLA, since there is no actual route to keeper recovery, but which they are implying there is.
Unlike some other operators that roll over when presented with the not relevant land argument, VCS do tend to follow through to court and try it on via the 'reasonable assumption' that the keeper was the driver.
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Thank you. I am really surprised that anyone needs to build a defence when , from what I have read, the petrol station is not 'relevant land' and therefore VCS have no jurisdiction over that part of the airport estate. Isn't this a slam-dunk , a no-win for the scamming parking firm because of the 'not relevant land' situation? Thanks for your time . I will sort out a better upload tomorrow. Thank you.
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Readable, but not OK, please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and repost without dates obscured and other things as advised, these can be fundamental to formulating a winning defence.
3. Post the notice(s) you have received – as well as providing important context, the notices may contain/omit details that can be used to help you successfully fight the charge. Upload photos of any and all notices you have received from the parking company. You should show us all pages of the notice(s), remove personal details (name/address, PCN reference number, Vehicle Registration Mark), but show us all dates and times. Details that you think are trivial could help you win, so don’t leave anything out.
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Hello there, InterCity, and thank you. I will try to upload my PCN. I have looked at an MSE thread about this very same petrol station. The victim has furnished VCS with lots of proof of the 'relevant land' defence and now he is waiting for the LBC to arrive. https://forums.moneysavingexpert.com/discussion/6634537/east-midlands-airport-vcs-ltd-petrol-station .
This is the link to the PCN image. I hope this is ok.
https://ibb.co/d05x8KcC
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If the OP could post up the PCN then we could comment further.
But from the look of the VCS response, they do not look like they are relying on PoFA.
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Thank you....but from what i have read, they are not that 'independent' are they? ::)
I beleive the term to describe the IAS is an Oxymoron
The Airport byelaws can be found here https://assets.live.dxp.maginfrastructure.com/f/73114/x/2de75e178f/ema-byelaws-31st-july-2025.pdf and as you can see from the map on page 22 the petrol station is well within the red line that denotes the area where byelaws apply
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Thank you....but from what i have read, they are not that 'independent' are they? ::)
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IAS is the “independent” appeal service used by members of the IPC, https://theias.org/
A more detailed appeal would include quoting from the relevant legislation and including the airport boundary map, for example, rather than just stating as you have done so far, which is fine for an appeal to the parking company.
The IAS will almost certainly reject the appeal, but you then have the basis of a defence if you next get a county court claim.
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Thank you. I did a fair bit of research and I am inclined to believe that the petrol station IS NOT 'relevant land' , but I will find out for sure. What will the 'more detailed appeal for the IAS ' consist of, please? What is IAS? Thanks.
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They can “require” all they like; you can simply ignore them if you wish. They’ll reject your appeal, and you can then prepare a more detailed appeal for the IAS, who will do the same. POPLA is irrelevant, because VCS is not a BPA member. Your mention of POPLA will have told them that you copied your appeal text without checking it first.
If you haven’t already done so, it would be worth checking the land on which byelaws apply to ensure the petrol station is part of it.
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Hi everybody! I had a this occurrence at the petrol station at East Mids airport. I received the customary PCN from a firm called VCS. After researching websites for excellent information, this was my reply/appeal to them on their website....
( They have a drop down list for you to choose a reason for the appeal )
* Despite the drop down reason given is ''there was no signage at the car park'', I cannot say for sure if there was signage or not, I can only state that I DID NOT SEE any signage.
However, and more importantly, I am the registered keeper but VCS cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control, which East Midlands Airport certainly is. As a matter of fact and law, VCS will be well aware that they cannot use the PoFA provisions because East Midlands Airport is not 'relevant land'.
If East Midlands 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 VCS 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 . Your NTK can only hold the driver liable. VCS have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN. VCS has issued an invoice that, by law, can only hold the driver liable, not the keeper. Please note the Protection of Freedoms Act2012(Sch 4), confirmed in Appeal Court judgment VCS v Ian Edward. I therefore, I require you to cancel the PCN and expunge my personal data from your records.
signed
*******
This is an appeal by the registered keeper - No driver details will *ever* be given. Please do not bother with your known fishing expedition in an attempt to get driver details. It is known parking firms do this to try and get around the fact when there is no keeper liability in play. (and never can be under POFA)
Three weeks later the owner of the car received this:
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 parking 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. If you were the driver on the day in question, please confirm this within your next correspondence.
2. 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 ADDRESS within 14 days.
3. 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 ADDRESS.
Please ensure that correspondence is submitted through the portal www.myparkingcharge.co.uk in order to correctly
adhere with the appeals process.
Is there a templet for a reply / another appeal, or do I just tell them to jog-on?
Thank you in anticipation for your help.