Free Traffic Legal Advice

Dear Edward,

Thank you for your response, though I must express my exasperation with its numerous inaccuracies and evasions. Your claim that “VCS, also known as Excel Parking” is incorrect. While VCS and Excel may share directors, they are distinctly separate legal entities with different company registration numbers. Should they unlawfully exchange my data or initiate legal action in confusion of these entities, that would be illegal and EMA would be jointly and severally liable as the contractor.

Additionally, your reference to VCS issuing “fines” is concerning. As an unregulated private parking company, VCS cannot issue fines—only statutory authorities hold that power. What they issue are speculative invoices. It is not only unacceptable for an EMA representative to mischaracterise them as fines but to highlight such ignorance as you have done in your correspondence, is quite frankly an embarrassment.

Your claim that EMA cannot assist in this matter is simply an attempt to fob me off. If you are not already aware, as the landholder, EMA is jointly and severally liable for the actions of its agent, VCS, and you could easily instruct them to cancel this charge, particularly since the emergency stop in question was necessitated by a mechanical failure, which is exempt under the East Midlands Bylaws 2001, section 4(3) and 4(4).

It is also worth pointing out that if EMA wished to hold owners or keepers liable under the airport bylaws, that would be within your authority as the landowner, although this has not been pleaded and is not legally possible here. VCS, as a third party, is definitely not the airport owner, and their 'parking charge' is purely for their own profit. Unlike a penalty under the bylaws, which would go to the public purse, VCS’s charge is based solely on contract law, and their allegations only apply to the driver.

As the registered keeper, I cannot be assumed or inferred to have been the driver, nor can I be pursued under any distorted interpretation of agency law. VCS has issued an invoice that, by law, can only hold the driver liable, not the keeper.

It appears that there is a lack of understanding here about who is the organ-grinder and who is the monkey in this contractual relationship. Rather than allowing your agent (the monkey) to act unchecked, I suggest that this matter be escalated as a formal complaint to the highest levels of management. Given the potential legal ramifications, it may also be wise for a responsible adult to ensure your legal advisors are aware of EMA’s potential liability if VCS is found to have behaved unreasonably should this escalate to litigation, as is the modus operandi of this firm of ex-clamper thugs.

I expect this matter to be taken seriously and for VCS to be instructed to cancel this PCN without delay.

Yours sincerely,
[Your Name]
Registered Keeper of [Vehicle Registration]
[Your Address]
[Your Contact Information]

Ce n'est pas "C'est la vie", c'est "C'est la guerre".