Charge Notice from VCS Ltd - Humberside airport

[subsearon]

Thursday the 16th March 2017, the driver arrived at a deserted Humberside airport in an Avis/Budget hire car.

Being unfamiliar with the airport, and wanting to find the 'Hire Car Return' parking area, they looked around for the signs. After a couple of circuits and not seeing any signs, they spotted a white VCS van parked on a roundabout, next to the general car park area and terminal entrance. This was closed as the time was 21:17 hrs

With the engine still running and emergency flashers on they went over to the driver (who was leaning against his window dozing!) to ask directions. they tapped on his window and when he wound it down they asked him where the return the hire car parking was. He pointed to a barrier across the way and told them 'in there'.

They thanked him and went off. The whole incident took exactly 42 seconds!!! I was offshore the next day for 31 days. Came home and saw I had received a NTK from VCS.

The charge is for £100. Avis has also charged me £30 to cover their 'costs' in sending me a Traffic Charge Notice!

A couple of things:

• The airport was deserted and no traffic was on any of the roads, except security.
• What sort of person issues a CN/NTD to a person for just asking him for help?
• £100 for 42 seconds? That works out at £2.38/second. Or £8568/hour!!!!

I've read loads of threads on various web sites. Many of them saying 'just ignore it'. If I reply or try and go through the VCS appeals process it could mean I accept guilt.

Any constructive advice??

[ostell]

Re: Charge Notice from VCS Ltd - Humberside airport

Welcome to the wonderful world of private parking. You don't want VCS to know who the driver was.

Wait for your very own copy of the PCN, addressed to you, to arrive from VCS rather than the copy from Avis. With your copy there should be copies of portions of the hire documents that Avis had to supply to VCS when they responded. Without those documents being enclosed then VCS have failed to comply with the requirements of POFA to hold the keeper (you) liable. Many parking companies fail on this.

Also the land is most likely subject to byelaws, as are other airports, and as such it is not relevant land for the purpose of POFA 2012 and as such the keeper cannot be held liable for the sins of the driver. Paragraph 9 was relevant for the notice that was sent to Avis and then paragraphs 13 & 14 after that.

Edit: Yep, Here are the byelaws What did the signs, if any, say?

Another also is that the roads themselves may be considered subject to Road Traffic Act enforcement and are again not relevant land.

Look at other airport parking threads to get some idea.

Post up the Notice To Keeper you eventually receive, suitably redacted. You may find that it is the version that does not invoke keeper liability under POFA.


As for that £30 charge. Get your copy of thee contract out and look at what it says about penalty charges and fines and the reasons for charging the £30. The Notice to Keeper from VCS is an invoice, not a fine nor a penalty notice. Do the conditions allow for this? If not you can dispute the charge.

[subsearon]

Re: Charge Notice from VCS Ltd - Humberside airport

Thanks Ostell,

No copies of portions of the hire documents, that Avis had to supply to VCS, were included in the CN/NTD sent to me. I take it they have failed to comply with the requirements of POFA to hold the keeper liable.

The NTK was served to AVIS as they are the Registered Keeper.

Sorry if this is repetitive, but I just want to be confident in my next response to VCS.

What are my options now?

[ostell]

Re: Charge Notice from VCS Ltd - Humberside airport

Did you receive your very own copy of the Notice to Hirer/Keeper, with missing documents? This is important. AVIS named you as the KEEPER.

It's important that we know what is being dealt with. A copy of the NTK sent to Avis and copied to you is insufficient. Originally VCS didn't bother with POFA, they just proceeded on the basis that the keeper was the driver but they got shot down so many times that they now try to comply with POFA. That's why a copy of the VCS notice addresses to YOU is important.

You will be writing to VCS stating that as the area in question is subject to byelaws and therefore not relevant land you, as the keeper at the relevant time, cannot be held liable, (They have heard this many times and will be expecting this).
If they consider that POFA is applicable then they have also failed to comply with the requirements of paragraph 14 of POFA and there cannot be any keeper liability.
The signage is insufficient to create a contract and therefore there can be no claim for any breach.

You will then get several letters from debt collectors that can be ignored. They would be unwilling to take this to court as when they lose they have lost the ability to frighten others into paying.

When you're next there see if you can get a photo of the signs. Google Street View didn't go into the airport so I can't see any signs but there are none at the entrance.

[subsearon]

Re: Charge Notice from VCS Ltd - Humberside airport

Did you receive your very own copy of the Notice to Hirer/Keeper, with missing documents? This is important. AVIS named you as the KEEPER.



Ostell,

The only letter I have received from VCS is a Charge Notice.

I have received nothing else. All that Avis has sent me is a letter informing me of a 'traffic charge'.

I have sent an e-mail to Humberside Airport, as they employ the services of VCS. In it I have explained the circumstances and asked them to consider getting VCS to drop the charge. Upon looking at the photos the vehicle had only stopped for 42 seconds. The £100 charge is grossly unfair.

[mystery1]

Re: Charge Notice from VCS Ltd - Humberside airport

If you have received a letter direct from VCS, sanitise it and post it up. If not wait for one to arrive. If after 10/11 weeks from date of parking you don't have one, then that'll be another nail in their coffin.

M1

[subsearon]

Re: Charge Notice from VCS Ltd - Humberside airport

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[ostell]

Re: Charge Notice from VCS Ltd - Humberside airport

What happened to the previous conversations?

[subsearon]

Re: Charge Notice from VCS Ltd - Humberside airport

Not sure. I was wondering as well.

[mystery1]

Re: Charge Notice from VCS Ltd - Humberside airport

I cleaned them up.

M1

[Kati]

Re: Charge Notice from VCS Ltd - Humberside airport

Here's what I've been sent so far [MENTION=5354]mystery1[/MENTION] xx

[subsearon]

Re: Charge Notice from VCS Ltd - Humberside airport

Today a reply came from an Administration assistant at Humberside airport. It was in reply to my e-mail to them, ref a VCS charge of £100 for stopping to ask directions from the VCS operator.

The 'stop' was for 42 seconds!

The CCTV footage will be requested from VCS and passed on to the Administration Manager. He will look into it.

Fingers crossed common sense will prevail.

[ostell]

Re: Charge Notice from VCS Ltd - Humberside airport

I do hope that will work but somehow I am doubtful.

[mystery1]

Re: Charge Notice from VCS Ltd - Humberside airport

As IPC members, an appeal is always unlikely to win and neither is a secondary appeal to THEIAS.ORG.

http://www.parking-prankster.com/case-law.html #35 & 36 set out your legal argument should it ever get that far. The keeper liability point is also good if the drivers identity is not disclosed.

M1

[subsearon]

Re: Charge Notice from VCS Ltd - Humberside airport

Below is a copy of the e-mail I received from the manager of Humberside Airport. They are going to advise VCS to cancel the fine/charge of £100. I understand completely what the Terminal Services Manager has informed me of, about security etc.

I still believe mitigating circumstances played a part...or maybe I was just lucky! The airport was deserted, the only person I could ask for help with my enquiry was the VCS man.

I now wonder if Avis/Budget will refund the £30 they've charged me for 'administration charges'!!

Thank you OSTELL and MYSTERY1 for your advice. I will remember it.



Dear Mr Soutter,

In relation to the Notice you have received for stopping on the private approach roads at Humberside Airport.

Airports and their road networks are governed by very strict regulations. Indeed, the road network at Humberside is governed by the same rules that apply to all UK airports.

Vehicles stopping or causing an obstruction on the access roads, no matter for how long, can cause serious problems for airport traffic and emergency vehicles and create a potential security risk. Due to the unsafe parking practices of some motorists, management and enforcement is therefore required. Humberside Airport reserves the right to either carry out this prevention themselves or to contract this out to another party. Vehicle Control Services Ltd (VCS) are contracted to carry out traffic management and enforcement on our behalf.

The signs at the entrance to the airport and throughout the site are of such a size and are of sufficient numbers they give all motorists clear notice that a charge will be levied if they stop on the designated roads or bus route.
We do allow a grace period of 30 seconds to allow drivers time to read the signs and pull away. However if a premeditated act, such a passenger entering or leaving a vehicle, takes place there is no requirement in these circumstances for any grace period before a charge becomes applicable, as there is ample notification to motorists prior to entering the restricted zone.

Rules without enforcement are more often than not ignored; as a commercial operation that relies on licences to operate, we have to apply a very tight application of the rules and by stopping in an area where stopping is not permitted, motorists become liable for a Notice as per the Terms and Conditions displayed throughout.

We hope this explains the background in respect of the Notice issued to you on your recent visit.

We have looked at the images and comments from both yourself and VCS and I have passed your comments about the signage for Car Hire returns to our Terminal Services Manager.
I am pleased to tell you that as a gesture of goodwill the Managing Director has agreed on this occasion to request this charge be cancelled.

For future reference, if you do need to make a short stop for any reason, there is a free 15 minute ‘Drop-Off’ facility in Car Park 1.

We would like to thank you for your custom and hope that you will continue to support the airport in the future.

Yours sincerely

Humberside Airport