Help needed VCS no stopping fine

feats

I received a ticket for not stopping at Bristol airport and sent a letter saying that 'as the registered owner I declined their invitation to pay the charge or name the driver'.
I went on to say that as POFA only applied on relevant land and excludes land where there is statutory control (in this case local bylaws) keeper liability cannot be enforced and the notice is invalid.

I have just received a reply not surprisingly rejecting my appeal saying that I stated that I as not the driver (I didn't!) and that they have not cited POFA 12 or stated that I was liable to the charge as the registered keeper. But they go on to say 
'It is important e highlight that we will continue to pursue this matter on the reasonable assumption that you were the driver of the vehicle on the date in question until information/evidence to the contrary is provided'

They then give me a choice of paying the CN or getting the driver to appeal to the IAS and saying that no further appeals ill be accepted at their office.

What do I do?

patient_dream

There is no point in anyone appealing to the IAS, it's all part of the scam.

Fruitcake who is a member on here is having a similar problem and he will be along shortly to assist.

In the meantime just wait.  DON'T PAY or mention anything about a driver

VCS do go to court but forget their bluster, parking companies nowadays have probably less than 50% success in court as the judges have woken up to the scam

Do however expect a debt collector letter which you ignore as they are timewasters

Bristol airport seems to have become a danger area for the public and probably a place to avoid because of VCS

Le_Kirk

feats said:

I received a ticket for not stopping at Bristol airport and sent a letter saying that 'as the registered owner I declined their invitation to pay the charge or name the driver'.
I went on to say that as POFA only applied on relevant land and excludes land where there is statutory control (in this case local bylaws) keeper liability cannot be enforced and the notice is invalid.

I have just received a reply not surprisingly rejecting my appeal saying that I stated that I as not the driver (I didn't!) and that they have not cited POFA 12 or stated that I was liable to the charge as the registered keeper. But they go on to say 
'It is important e highlight that we will continue to pursue this matter on the reasonable assumption that you were the driver of the vehicle on the date in question until information/evidence to the contrary is provided'

They then give me a choice of paying the CN or getting the driver to appeal to the IAS and saying that no further appeals ill be accepted at their office.

What do I do?

I presume you mean for "stopping in a no stopping" zone!  Provided you appealed as Registered Keeper (no such thing as a registered owner) and didn't admit who was driving or in fact you weren't driving, ignore their feeble attempt to get you to drop yourself in it.  See also any other Bristol Airport thread, there are several.

Coupon-mad

You appeal to the IAS without saying who was driving and you read the other Bristol Airport threads first, to see if there are photos posted already that will help you show this stop was perhaps outside of the enforcement area/red lines.

Do the evidence photos online show there were red lines under the car?

Redx

You should definitely read more threads , here is a recent one where fruitcake replied

https://forums.moneysavingexpert.com/discussion/comment/78610078#Comment_78610078

Fruitcake

The thread in the link provided by Redx above includes my post where I have linked to my thread and to ginger_bread_man's successful court case thread. 
I included links to a post containing the landholder contract. Check the maps in that contract to see whether your car was within or outside the no-stopping zone.
I also included my dashcam video of a site visit a few days after my relative got a no-stopping charge, even though his car was outside the no-stopping zone.

Complain to the landowner, which is a Canadian teacher's pension investment company, and to the landholder, Bristol Airport Ltd.
In my relative's case, the landowner didn't reply.
The landholder wasn't interested and ignored the fact their agent was acting outside the area they are contracted to operate.
Don't let this put you off. Complain anyway.

Also complain to your MP.

feats

Thank you for all the comments - not sure I want to trail blaze by taking them on in court - but am prepared to ignore threatening letters from debt collectors!
My question is given that I have not stated who was driving, can VCS take me to court on the 'reasonable assumption' that I was driving?

Fruitcake

feats said:

Thank you for all the comments - not sure I want to trail blaze by taking them on in court - but am prepared to ignore threatening letters from debt collectors!
My question is given that I have not stated who was driving, can VCS take me to court on the 'reasonable assumption' that I was driving?

They can assume anything they like, and can take the keeper to court on that assumption, but court cases are decided on facts. 

If the keeper was not the driver then say so.
If the keeper does not know who was driving, then say so.

You should be checking the maps I pointed you to earlier and determine whether the car was stopped in or outside the no-stopping zone, and making complaints as advised.

You should also decide if the keeper is going to make an IAS appeal or not. The driver should sit on their hands in the corner and say and do nothing.

Umkomaas

feats said:

Thank you for all the comments - not sure I want to trail blaze by taking them on in court - but am prepared to ignore threatening letters from debt collectors!
My question is given that I have not stated who was driving, can VCS take me to court on the 'reasonable assumption' that I was driving?

That's what they will threaten. But I'm not sure we've seen any Bristol Airport case get as far as a court hearing. They seem to be somewhat reluctant to take other cases at other airports they infest around the country. 

Fruitcake

Umkomaas said:

feats said:

Thank you for all the comments - not sure I want to trail blaze by taking them on in court - but am prepared to ignore threatening letters from debt collectors!
My question is given that I have not stated who was driving, can VCS take me to court on the 'reasonable assumption' that I was driving?

That's what they will threaten. But I'm not sure we've seen any Bristol Airport case get as far as a court hearing. They seem to be somewhat reluctant to take other cases at other airports they infest around the country. 

At least two have gone to court and VCS lost both of them. In both cases the defendant was able to prove their vehicles were stopped outside the designated no-stopping zone.
Another charge was cancelled when a motorist received a PCN for stopping within the no-stopping zone ... at a Stop sign.

This is why the OP needs to check the maps I have mentioned to determine first of all whether their car was within or without the no-stopping zone.

D_P_Dance

Their "reasonable assumption" is very likely to fail spectacularly in court and, if you were to counter claim under the DPA, possibly cost them £££s.  Read some of these and complain to your MP..

https://www.google.com/search?q=Elliot+v+loake&oq=Elliot+v+loake&aqs=chrome..69i57.12383j0j15&sourceid=chrome&ie=UTF-8