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#Post#: 121397--------------------------------------------------
Re: PCN from East Midlands Airport Petrol Station
DIR By: RichardW
Date: June 10, 2026, 3:51 pm
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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.
#Post#: 121400--------------------------------------------------
Re: PCN from East Midlands Airport Petrol Station
DIR By: jfollows
Date: June 10, 2026, 4:45 pm
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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.
#Post#: 121413--------------------------------------------------
Re: PCN from East Midlands Airport Petrol Station
DIR By: InterCity125
Date: June 11, 2026, 1:22 am
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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.
#Post#: 121589--------------------------------------------------
Re: PCN from East Midlands Airport Petrol Station
DIR By: Coalman
Date: June 12, 2026, 7:02 am
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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.
#Post#: 121599--------------------------------------------------
Re: PCN from East Midlands Airport Petrol Station
DIR By: jfollows
Date: June 12, 2026, 7:51 am
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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.
#Post#: 121629--------------------------------------------------
Re: PCN from East Midlands Airport Petrol Station
DIR By: Coalman
Date: June 12, 2026, 10:54 am
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HTML https://ibb.co/ymvDnTM6
HTML https://ibb.co/CdVFVzP
HTML https://ibb.co/ymvDnTM6
#Post#: 121630--------------------------------------------------
Re: PCN from East Midlands Airport Petrol Station
DIR By: InterCity125
Date: June 12, 2026, 11:21 am
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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
#Post#: 121794--------------------------------------------------
Re: PCN from East Midlands Airport Petrol Station
DIR By: Coalman
Date: June 15, 2026, 3:19 am
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Submitted the 2nd Appeal.
Thank you for your help.
;D
Coalman
#Post#: 123983--------------------------------------------------
Re: PCN from East Midlands Airport Petrol Station
DIR By: Coalman
Date: July 7, 2026, 9:40 am
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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!
#Post#: 124039--------------------------------------------------
Re: PCN from East Midlands Airport Petrol Station
DIR By: InterCity125
Date: July 8, 2026, 1:23 am
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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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