Bristol Airport - No stopping claim form received

ANTHONY22

Thanks to all for the information you take your time to provide to assist others

Would like opinion on a family member receiving claim for "stopping"

The usual suspect has sent correspondence to the registered owner, who was not the driver.

All correspondence was not engaged.

The initial "Charge notice" sent on the day of the alleged stopping was an invoice for £100

A follow up final reminder - do not ignore stated "... As the keeper of the vehicle, you are now invited to:
1) Pay the unpaid charge
or
2) Provide the full name and details of the driver/keeper and pass the notice on to the driver/keeper

The registered owner did not wish to accept this invite.

A follow up demand for payment had photographs attached which clearly shows the registered owner getting out of the vehicle on the front passenger side, therefore not the driver. 

Opinions would be welcome on a short defence being submitted using the above ie not the driver as photographs of claimant show, otherwise vehicle would have remained at spot where registered owner got out of vehicle and secondly no legal obligation to disclose driver and no wish to accept the invite to disclose driver details. 

Thanks in anticipation 

KeithP

Hello and welcome.

There is no list of registered owners but the DVLA does keep a list of Registered Keepers.  

What is the Issue Date on your County Court Claim Form?

ANTHONY22

Sorry registered keeper

Its issued 25/7/22 so will acknowledge service etc. 

Fruitcake

What happened when you complained to the landowner, a foreign investment company? They completely ignored me when I complained.
Did you complain to the landowner's agent, Bristol Airport Ltd?

Have you complained to your MP yet?

Where precisely did the alleged event occur? Compare it with the site maps from this post below. The pdf attachment shows the route where VCS are contracted to operate, but they have form for issuing charges outside that contracted area.

Vehicle Control Services, No stopping in a queue... - Page 3 — MoneySavingExpert Forum

You might also find this video useful that I took last year.

Bristol Airport No Stopping Zone - YouTube

Coupon-mad

The usual suspect has sent correspondence to the registered KEEPER, who was not the driver.

No to the idea of a risky short defence.  Use the full template defence and add your short bit and the fact you were not driving.

The main defence is there can be no keeper liability because this is not 'relevant land'.  You can also adapt some of the wording I just suggested to someone who wasn't the driver, on the current Porthpean thread (see my reply there less than 5 mins ago).

KeithP

ANTHONY22 said:

Its issued 25/7/22 so will acknowledge service etc. 

With a Claim Issue Date of 25th July, you have until Monday 15th August to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 30th July, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 30th August 2022 to file your Defence.

That's almost five weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Castle

ANTHONY22 said:

Sorry registered keeper

Its issued 25/7/22 so will acknowledge service etc. 

But not until Monday 1st August as this will then give you until Tuesday 30th August, (Monday 29th being a Bank Holiday), to send your defence.

ANTHONY22

Hi All, 

Update on this case.

Made a 31:14 application for disclosure

1. Of contract between VCS and landowner. They sent page 1 and 8 of the contract called them today for reason not disclosing all of contract, stated client was only happy to disclose pages 1 and 8 because of commercially confidential  information.

2  Proof of planning permission for signage etc, nothing disclosed, they said their client believed they should not provide it.

3 copies of all correspondence between VCS & ELMS and DVLA in order to identify the registered keeper. ELMS stated they do not know how there client obtain the registered keepers details from the DVLA.

4 for map of designated area and location of signage. Received 8 google map areal photos with green, red, yellow and blue circle markers (85 in total) places at various points on the maps. No index to show what each marker represents. When asked to explain ELMS operator stated the were positions of cameras. 

Don't believe that ELMS/VCS have complied with spirit of CPR re disclosure. Considering previous disclosure of contract in full and aerial photos with coloured circles are unlikely to be location of 85 cameras! 

I am writing to them to confirm their telephone answers to the inadequate disclosure while working on defence.

Any thoughts from anyone would be appreciated.

The contract front cover is 4th October 2019

Thanks all

Umkomaas

Made a 31:14 application for disclosure

Doesn't apply to claims on the small claims track. 

Scope of this Part

31.1

(1) This Part sets out rules about the disclosure and inspection of documents.

(2) This Part applies to all claims except a claim on the small claims track.

Coupon-mad

However the case was not yet allocated to track, so it did!  A clever tactic.

Fruitcake

VCS don't have a contract with the landowner, which is a foreign investment company.

You should be asking to see a contract with or flowing from the landowner. I doubt the landowner is even aware that VCS exist, or that their subcontractor Bristol Airport Ltd, has sub-contracted VCS.

Ask the council about planning permission for pole mounted cameras, and advertising consent for the signs. Not having the latter is a criminal offence as well as a breach of para 12 of the PoFA 2012. Sadly it's difficult to get judges excited about this, but it doesn't hurt to include it.

I don't know if VCS have any pole mounted cameras as their normal method is to use a scamera car, called a Road Safety Unit, but that legend breaches the CCTV CoP because it takes covert images yet doesn't have warning signs on the van about this, nor for what purpose the data will be used.