Free Traffic Legal Advice

You've got a private parking ticket, so you're in the wrong forum.

I have requested that this be moved to the private tickets forum.

You have to understand that you are dealing with a vexatious firm of unscrupulous ex-clampers. They have no idea who was driving and you must not reveal that information to them.

As the Registered Keeper, you are under no legal obligation to revel the drivers identity to an unregulated private parking company. VCS are not allowed to assume or infer that the Keeper must also be the driver.

As the alleged contravention took place on airport land which is under statutory control, they cannot rely on PoFA to transfer liability from the unknown driver to you, the Keeper.

Also, they are relying on contract law to say that the driver entered a contract with them. However, their signs are unable to form a contract because they are forbidding.

So, you must write to the LBA airport management and complain vigorously about the actions of their agent, VCS, in issuing you, the Keeper, a Parking Charge Notice (PCN). As they did not form a contract with he driver, they have breached the KADOE contract with the DVLA and obtained your data unlawfully. That is a breach of your GDPR and unless the PCN is cancelled you will hold them jointly and severally liable for the action of their agent VCS and reserve the right to sue for compensation under the Data Protection Act 2018 (DPA).

I suggest you send that complaint to the LBA CEO. Just remember, you are complaining as the Keeper who has received the PCN. No "I did this or that". You refer only to the driver in the third person "The driver did this or that".

Before the deadline to appeal expires, if you have not heard back from the Airport, you send the follwingto VCS as your appeal (only appeal as the Keeper):

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 Leeds Bradford Airport (LBS) is not 'relevant land'.

If LBA 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 of agency. Your NTK can only hold the driver liable. VCS have no hope at IAS, so you are urged to save us both a complete waste of time and cancel the PCN.

It will be rejected but you will have put then on notice that you are not low-hanging fruit on the gullible tree and will be fighting them all the way. They will probably go as far as issuing a claim in the county court but you can be sure they will not see it through unless they want a spanking from the judge for bringing a case that has no hope of ever being successful. They are simply hoping that you will fold once they threaten litigation.

You have to understand that you are dealing with a vexatious firm of unscrupulous ex-clampers. They have no idea who was driving and you must not reveal that information to them.

As the Registered Keeper, you are under no legal obligation to revel the drivers identity to an unregulated private parking company. VCS are not allowed to assume or infer that the Keeper must also be the driver.

As the alleged contravention took place on airport land which is under statutory control, they cannot rely on PoFA to transfer liability from the unknown driver to you, the Keeper.

Also, they are relying on contract law to say that the driver entered a contract with them. However, their signs are unable to form a contract because they are forbidding.

So, you must write to the LBA airport management and complain vigorously about the actions of their agent, VCS, in issuing you, the Keeper, a Parking Charge Notice (PCN). As they did not form a contract with he driver, they have breached the KADOE contract with the DVLA and obtained your data unlawfully. That is a breach of your GDPR and unless the PCN is cancelled you will hold them jointly and severally liable for the action of their agent VCS and reserve the right to sue for compensation under the Data Protection Act 2018 (DPA).

I suggest you send that complaint to the LBA CEO. Just remember, you are complaining as the Keeper who has received the PCN. No "I did this or that". You refer only to the driver in the third person "The driver did this or that".

Before the deadline to appeal expires, if you have not heard back from the Airport, you send the follwingto VCS as your appeal (only appeal as the Keeper):

Quote

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 Leeds Bradford Airport (LBS) is not 'relevant land'.

If LBA 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 of agency. Your NTK can only hold the driver liable. VCS have no hope at IAS, so you are urged to save us both a complete waste of time and cancel the PCN.

It will be rejected but you will have put then on notice that you are not low-hanging fruit on the gullible tree and will be fighting them all the way. They will probably go as far as issuing a claim in the county court but you can be sure they will not see it through unless they want a spanking from the judge for bringing a case that has no hope of ever being successful. They are simply hoping that you will fold once they threaten litigation.

I have formulated an email address to send to LBA customer care. Should I make any amendments ?

I am writing to formally lodge a serious complaint regarding the actions of your appointed agent, Vehicle Control Services (VCS), in relation to a Parking Charge Notice (PCN) that has been unlawfully issued to me as the Keeper of the vehicle.

VCS has obtained my personal data from the DVLA without lawful justification, as no contract was formed between the driver of the vehicle and VCS. This action constitutes a clear breach of the KADOE contract with the DVLA and, more importantly, a violation of my rights under the UK General Data Protection Regulation (GDPR).

By unlawfully obtaining and processing my personal data, VCS has infringed upon the principles of data protection established by the Data Protection Act 2018 (DPA). As the principal party responsible for the actions of your agent, I hold Leeds Bradford Airport (LBA) jointly and severally liable for this breach.

I demand the immediate cancellation of the PCN and the cessation of any further misuse of my personal data. Failure to resolve this matter promptly will leave me with no choice but to pursue my rights under the DPA, which may include seeking compensation for the misuse of my personal information.

Please treat this as a formal complaint and provide a response within [X] days. I expect a clear resolution to this matter, including confirmation of the cancellation of the PCN and details of the corrective measures being taken to prevent further breaches.

I trust this matter will receive the urgency it warrants. Should you require any further information, I am available to discuss this at your earliest convenience.

Yours sincerely,

Thanks, all sent in PDF file. Should I make an appeal as well, or should I wait for now ? Don't think I will receive an response any time soon, especially with Christmas on the door steps.

You can make the appeal if you have not had a response by the deadline. You have until Tuesday 6th January to submit an appeal.

Thanks a lot for your help. I will wait a response, and keep this topic updated.

Good to hear that it's cancelled. The CEO's points should be taken with a pinch of salt - unsurprisingly he's unlikely to admit/agree that there are major issues with their parking setup.

Out of interest, the points you have copied into your letter are not legally valid.  There is well established law that VCS is a compliant parking charge operator and I would advise you not to imagine that you can avoid payment of these types of PCNs in future.  I have seen this play out very badly for recipients of PCNs from VCS who have thought they could argue their way out.

Hilarious. VCS, a vexatious nasty little firm of ex-clamper thugs that regularly operate outside the legal framework. The only people it "plays out badly for" are the low-hanging fruit that do not come here or to MSE for advice.