DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 49814--------------------------------------------------
CN At Leeds Airpot
DIR By: Faust
Date: December 14, 2024, 12:14 pm
---------------------------------------------------------
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:
HTML https://drive.google.com/drive/folders/1-0CCxBvIOQFgaeMSjwEUFO5ztth3ApgB?usp=share_link
Thanks.
#Post#: 49818--------------------------------------------------
Re: CN At Leeds Airpot
DIR By: fraser.mitchell
Date: December 14, 2024, 1:16 pm
---------------------------------------------------------
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.
#Post#: 49832--------------------------------------------------
Re: CN At Leeds Airpot
DIR By: Faust
Date: December 14, 2024, 3:17 pm
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> 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.
>
--- End Quote ---
Thanks, hope to get some help. Haven't appealed as I don't know
what to write.
#Post#: 49845--------------------------------------------------
Re: CN At Leeds Airpot
DIR By: b789
Date: December 14, 2024, 5:48 pm
---------------------------------------------------------
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.
--- End Quote ---
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.
#Post#: 49849--------------------------------------------------
Re: CN At Leeds Airpot
DIR By: Faust
Date: December 14, 2024, 6:18 pm
---------------------------------------------------------
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?
#Post#: 49875--------------------------------------------------
Re: CN At Leeds Airpot
DIR By: Faust
Date: December 15, 2024, 5:51 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> 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.
--- End Quote ---
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.
[/quote]
I have formulated an email address to send to LBA customer care.
Should I make any amendments ?
--- Quote ---
> 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,
--- End Quote ---
#Post#: 49887--------------------------------------------------
Re: CN At Leeds Airpot
DIR By: b789
Date: December 15, 2024, 7:32 am
---------------------------------------------------------
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:
>
> [indent]• 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).[/indent]
>
> 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:
>
> [indent]• 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.[/indent]
>
> 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]
--- End Quote ---
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.
#Post#: 49904--------------------------------------------------
Re: CN At Leeds Airpot
DIR By: Faust
Date: December 15, 2024, 8:13 am
---------------------------------------------------------
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.
#Post#: 49912--------------------------------------------------
Re: CN At Leeds Airpot
DIR By: b789
Date: December 15, 2024, 8:27 am
---------------------------------------------------------
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.
#Post#: 49942--------------------------------------------------
Re: CN At Leeds Airpot
DIR By: Faust
Date: December 15, 2024, 10:18 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> 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.
>
--- End Quote ---
Thanks a lot for your help. I will wait a response, and keep
this topic updated.
*****************************************************
Page 1 of 2
DIR Next Page