Please help- Please help !! PCN from Vehicle control services ltd

Fruitcake

Yer Tiz. This is the one at Bristol Airport.

Coupon-mad

@SoJacob you can crop that photo as evidence of VCS' misleading predatory ticketing by van. 

KeithP

And here's a picture of another one of their vans...

Coupon-mad

Looks like it's parked on a pavement.

SoJacob

@Coupon-mad I have read it carefully, and I appreciate your feedback. Regarding the points you mentioned, I believe it would be beneficial to address them in my WS? I am not sure.. Should I point out from the the claimant's WS and provides clear explanations  why certain aspects are incorrect or untrue? 

Furthermore, to support the claims, I have some pictures I took at the airport a few months ago. Please let me know if any of these pictures should be used into my WS? 

Please help- Please help !! PCN from Vehicle control services ltd - Page 50 — MoneySavingExpert Forum

Coupon-mad

Copy my words (bullet points) straight into your WS - I wrote it to be copied - then show us, including which photos you plan to use (pics showing a lack of signs and the Excel sign are mist useful in your case).

All you will need to do is paragraph number my bullet points when you slot that section into your WS

SoJacob

Dear all, 

Please find the below flipsnack link to my witness statement and exhibits. have added new points 19, 25, 26, and from 41 -44. 

please take a look at the documents and let me know your thoughts. Your guidance could make a significant difference, and I want to ensure that everything is in order before proceeding further.

https://www.flipsnack.com/85DDFEAA9F7/exhibit-01-to-11-1.html

https://www.flipsnack.com/85DDFEAA9F7/witness-statement-draft-1.html

Thank you so much for being willing to help out.

Fruitcake

For the alleged event on the 1st of August and image timed at 16:13:13, it can be seen that the double red lines have end bars and stop at the beginning of the layby. This means that the car was not stopped on double red lines therefore was outside the no-stopping zone, therefore no breach of Ts and Cs occurred, and therefore VCS had no right to obtain and process the keeper's personal data from the DVLA.

It is reasonable to assume on the balance of probabilities that the "man on the Clapham omnibus" (a legal term meaning a reasonable person/Joe average) would believe that road signs and surface marking such as red lines had the same meaning at an airport covered by byelaws on roads where the general public have motoring access would have the same meaning as those on public roads where traffic orders apply.
It would be disingenuous for a landowner or their agent to deliberately apply different meanings to signs and surface markings to those found on public roads. 

It is therefore reasonable that the man on the Clapham omnibus would believe a lack of red lines on a road or layby to mean that there were no restrictions.

Fruitcake

The findings of a Traffic for London Appeals Tribunal is worth mentioning. It takes some unpicking but the tribunal found that,

"It follows that if one looks at why the 2015 amendments came about and put them in contest, one can infer that the Secretary of State had concluded that while the use of cameras on red routes should be preserved on SR and DR, the enforcing authorities should not be allowed to use cameras at red route bays."

You can download the original findings of the tribunal in the second link from this post, Case reference 2230177189.

Received PCN from TFL for stopping on red route "loading zone only" for 1.4 sec! (as per evidence) — MoneySavingExpert Forum

Again, it is reasonable for the man on the Clapham omnibus to believe that the findings of a traffic tribunal stating that cameras should not be used to enforce laybys on single or double red lines must also apply to airport land.
The tribunal also stated that red lines are not red lines unless supporting upright signs are present. 

SoJacob

my hearing is on the 14th, so I still have time until the end of tomorrow, the 31st, right? I'm making sure I have all my preparations in order.