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Hi.First of all thanks for previous ticket that I got cancelled with help from here. I dind't think I'll ask again for help.
However, I started new job at Leeds airport working for construction site. Sadly I haven't been given clear instruction where workers are parked, and I had to stop to ask the workers about it.
Sadly I have received Charge Notice that I have to pay £100 fine. I heard from other workers that the company are refusing to sort this out. Or they say that it will get sorted, but then people get new letter for £170 fine.
I don't want to rely on the company promise that it will get sorted, and want to appeal. And I don't think that saying I was working there will cancel my CN.
Any advice please?
All photos of this case and photo of CN are attached on google drive link below:
https://drive.google.com/drive/folders/1-0CCxBvIOQFgaeMSjwEUFO5ztth3ApgB?usp=share_link
Thanks. -
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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. -
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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.
Thanks, hope to get some help. Haven't appealed as I don't know what to write. -
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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):QuoteI 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. -
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Thanks for your help. So the message you have quoted is for appeal, is that correct ?
I’ll need to find the email address to the airport of CEO. Can I ask please what should I write in the email to the airport? -
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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):QuoteI 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 ?QuoteI 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, -
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I'd suggest you use the following which incorporates the fact that the driver was newly employed to work on a construction site at the airport:Quote
Mr Vincent Holder
Chief Executive Officer
Leeds Bradford Airport
Whitehouse Lane
Yeadon
Leeds
LS19 7TU
Subject: Formal Complaint Regarding Unlawful and Unfair Parking Charge Notice [PCN number]
Dear Mr Hodder,
I am writing as the Registered Keeper of a vehicle that has been issued a Parking Charge Notice (PCN) by Vehicle Control Services Ltd (VCS), acting as your agent at Leeds Bradford Airport.
The alleged contravention occurred on 5th December 2024, and the PCN was subsequently issued to me, the Keeper. I am raising a formal complaint on two key grounds: the unfairness of the circumstances surrounding this PCN's issuance and the legal and procedural concerns about its validity.
Unfair Circumstances Surrounding the Issuance of the PCN
The driver of the vehicle, who was newly employed to work on a construction site at the airport, was unfamiliar with the area and had not been given adequate instructions about where workers were permitted to park. While attempting to navigate the situation, the driver briefly stopped to request directions from colleagues.
It is deeply unfair for a PCN to have been issued under such circumstances. A simple act of seeking assistance, which did not obstruct operations or violate any reasonable expectation of airport use, should not result in the disproportionate penalty of £100 (or an even higher demand if left unresolved). This treatment reflects poorly on the airport and its contractors and creates unnecessary hardship for individuals who are already working to support your operations.
Legal and Procedural Issues with the PCN
In addition to the unfair nature of this PCN, I have serious concerns about its validity under applicable laws and regulations:• No Keeper Liability Under Protection of Freedoms Act 2012 (PoFA):
The alleged contravention occurred on airport land, which is under statutory control. Consequently, VCS cannot rely on PoFA to transfer liability from the unknown driver to me, the Keeper. I cannot lawfully be held liable for this charge.
• No Contract Formed with the Driver:
VCS’s reliance on contract law is flawed. The signage at the site is prohibitive in nature and incapable of forming a binding contract with the driver. Therefore, no contractual relationship existed between VCS and the driver to justify this charge.
• Unlawful Access to Keeper Data:
Since there is no lawful basis for holding the Keeper liable, VCS has breached its KADOE contract with the DVLA by unlawfully accessing my personal data. This represents a clear violation of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA).
As the landowner and principal, Leeds Bradford Airport is responsible for the actions of its agent, VCS. Their conduct, particularly under the circumstances outlined above, reflects poorly on the airport’s reputation.
I request that you:• Instruct VCS to cancel this PCN immediately and confirm this in writing.
• Review the practices of VCS to ensure fairness and compliance with applicable laws and regulations in the future.
Failure to address this matter adequately will leave me with no choice but to escalate my complaint to the Information Commissioner’s Office (ICO) and consider pursuing compensation under the Data Protection Act 2018 for the unlawful use of my personal data.
Please confirm receipt of this complaint and provide a response within 14 days.
Yours sincerely,
[Your Full Name]
I suggest you send it as a PDF attachment in an email to the CEO, Vincent Hodder, at vincent.hodder@lba.co.uk and also CC in yourself. Let him or one of his minions sort this out for you. -
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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.
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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.
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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. -
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So this my PCN has been cancelled by work company as I send them a copy of the letter. However , received a reply for CEO today as well.Quote
I understand that this PCN was withdrawn yesterday following a request from the Principal Contractor, Farrans Construction.
Our traffic restrictions are in place to ensure the safety and security of all users of the airport, passengers, employees, contractors and visitors alike. The road network here is constrained and extremely busy.
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.
As a helpful hint, recipients who contact us politely and are able to provide a verifiable account showing that they have acted in good faith are far more likely to receive leniency than those who attempt to challenge us legally.
Feel free to ignore any other correspondence in relation to this PCN as it sometimes takes a few days to pass through the administrative systems.
I guess I shouldn’t worry about new letter.
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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.
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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.
That’s what I thought when I got a reply from him. -
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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. -
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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.
The company refused to cancel the pcn for some workers , that’s why I decided to ask for help. £100 is a lot of money, even if paid half. -
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