Driver wins year-long fight over parking fine
HE IS URGING OTHERS TO CHALLENGE THEIR TICKETS
A FINE at a parking enforcement hotspot at East Midlands Airport has been overturned – following a year-long battle.
It was issued to Peter Morgan after he stopped for about 30 seconds at the BP garage on September 8 last year. The 58-year-old credit control manager was hit with a £100 Parking Charge Notice (PCN) by Vehicle Control Services (VCS).
Now a judge has dismissed the fine and Mr Morgan is urging anyone in a similar position to fight what he claims are “bogus penalties”.
But VCS does not agree with the decision and is considering its next move.
Mr Morgan appealed the fine to parking arbiter the Independent Appeals Service but, when that didn’t work, he decided not to pay up and waited for VCS to take him to court.
Mr Morgan had been at the airport to drop off a friend for a flight.
When news came through that the company was taking him to the county court for non-payment of the charge, he was given the option of having it heard at his local court.
When heard at Watford County Court on August 27, Deputy District
Judge Trigger dismissed the case. He also awarded £25 in court costs to be paid by VCS. If Mr Morgan had lost, he would have been liable to pay those costs plus the £100 fine.
Mr Morgan, of Berkhamsted, Hertfordshire, said his case was based on the fact there were inadequate signs at the petrol station.
Since charges for dropping people off at the airport increased, more people have been doing so at the petrol station, which is why the charges were introduced. He pointed out that, at the time of his fine, there was not enough signage to show he was in contravention of regulations.
He said: “Frankly, the more people that do not pay, based on this judgement, the better. VCS rely on people thinking they must be legally entitled to issue the Penalty Charge Notice.
“Unless people have parked on double red lines, where it specifically says ‘NO PARKING’ on the floor, or possibly at the pumps to pick up, this judgement shows they have no right to issue PCNs, fine people or make their lives hell, as no contract exists between VCS and the driver.
“Their representative at the hearing was a solicitor’s agent, who had not been to East Midlands Airport and could not answer some of the basic questions raised by the judge.
“All in all, it felt like there was not
much effort by Vehicles Control Services Limited to pursue this. I found this surprising, having continued my defence for almost a year.
“VCS can appeal this decision but only if a point of law has been misinterpreted by the judge – and he was very thorough and fastidious.”
It is understood VCS has put up extra signage since the incident, which make restrictions clearer.
A representative for Vehicle Control Services Ltd said: “We do not agree with the Judge’s decision, we consider there was clear and sufficient signage at the Fuel Station and the vehicle stopped in one of the prohibited areas.
“By Mr Morgan’s own admission, he did stop in the Fuel Station forecourt to pick up passengers.
“We regard this as an exceptional case and we are currently considering our position.”
Mr Morgan says the maximum court costs complainants would face if they lose are £25.
If anyone is in a similar position and wants to get in touch with Mr Morgan, you can contact us at newsdesk@derbytelegraph.co.uk, with a direct message on Twitter, via our Facebook inbox or by calling the newsdesk on 01332 411999.