Bristol Airport Charge Notice

MyMSEName

Hi

Newly signed up, so hope this is posted correctly, apologies if not, but pressed for time.

A £100/£60 Charge notice / Notice to Keeper, from private parking firm VCS, that was issued late November (22), for stopping in Bristol Airport, 'No Stopping Zone', has only arrived this week and the driver is panicking because the appeal deadline expires immanently.

Will try to keep this brief, but for context:

The driver was looking for drop off/pick up, but turned into what was mistakingly thought to be a long stay car park entrance, the driver panicked and stopped short of the barriers and began to reverse. Considering a u turn, the driver then saw that a camera van with orange rooftop lights flashing, had stopped on the road from where the driver had turned off.

Not knowing what to do, the driver put hazards on and walked to the van, and asked politely: if there is a charge for entering the car park? (driver had no means to pay) the reply was yes. The Driver then asked, Even if exiting straight away? The reply was yes.

The driver then asked is it ok to reverse? The reply was yes, that's why I'm waiting here as reversing onto the road isn't allowed. The driver said is that ok? the reply was yes. The driver thanked the person in the van and reversed out, and it appears this is when the pic was taken of the car 'stopping'.

Normally the driver would appeal and 'beg' for leniency, 

It's short notice, but would really appreciate some advice on an appeal, timing etc, and what is the best course of action, as the driver can ill afford the £100/£60 Charge notice, much less any additional fees they may incur for non compliance.

Thanks in advance

Fruitcake

Use the template in blue text you will find in the sticky Announcement for NEWBIES. Do not reveal the driver's identity.

Add a one liner that the approach road to the car park is outside the area that VCS are contracted to operate and remind them that they lost in court the last time they issued a claim to a motorist who stopped in front of the car park barrier.

You can see a copy of the contract between VCS and the landholder that includes the map where they are contracted to operate, and of course, where they are not contracted to operate.

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

You should always complain to the landowner, a foreign investment company, but don't expect them to reply.

You should also complain to the landowner's sub-contractor, Bristol Airport Limited, and your MP. Remind the subby about VCS losing in court when they tried this on before, as well as them losing in court when they issued a claim against a motorist who stopped at a roundabout give-way sign, also outside they area where they are contracted to operate.

This is the whole thread of the chap who won in court for stopping in a queue at a car park barrier.

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

Fruitcake

You might find this video useful.

(3) Bristol Airport No Stopping Zone - YouTube

I forgot to mention that you should add to all your complaints that the VCS camera car has the legend, Road Safety Vehicle painted on it. This is a breach of the CCTV code of practice because it makes no mention of covert surveillance.

MyMSEName

Fruitcake said:

Use the template in blue text you will find in the sticky Announcement for NEWBIES. Do not reveal the driver's identity.

Add a one liner that the approach road to the car park is outside the area that VCS are contracted to operate and remind them that they lost in court the last time they issued a claim to a motorist who stopped in front of the car park barrier.

You can see a copy of the contract between VCS and the landholder that includes the map where they are contracted to operate, and of course, where they are not contracted to operate.

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

You should always complain to the landowner, a foreign investment company, but don't expect them to reply.

You should also complain to the landowner's sub-contractor, Bristol Airport Limited, and your MP. Remind the subby about VCS losing in court when they tried this on before, as well as them losing in court when they issued a claim against a motorist who stopped at a roundabout give-way sign, also outside they area where they are contracted to operate.

This is the whole thread of the chap who won in court for stopping in a queue at a car park barrier.

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

Thanks Fruitcake, your swift response is much appreciated. So am I right in thinking your advice is not to go with the leniency appeal in the first instance and go straight to the template below that is in the 'Parking Tickets Board Sticky' heading?

"I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle."

The last two paragraphs aren't relevant but can add the one liner you suggest.

Tia

MyMSEName

Thanks, yes. the video shows the approach road referred to.

And yes, will make sure the points you have raised are in any complaints.

Thanks again.

Coupon-mad

Yes that's OK but in fact I would appeal saying this instead. (NO TEMPLATE IN YOUR CASE):

"The driver was looking for drop off/pick up, but turned into what was mistakingly thought to be a long stay car park entrance, the driver panicked and stopped short of the barriers and began to reverse. Considering a u turn, the driver then saw that a camera van with orange rooftop lights flashing, had stopped on the road from where the driver had turned off.

Not knowing what to do, the driver put hazards on and walked to the van, and asked politely: if there is a charge for entering the car park? (driver had no means to pay) the reply was yes. The Driver then asked, Even if exiting straight away? The reply was yes.

The driver then asked is it ok to reverse? The reply was yes, that's why I'm waiting here as reversing onto the road isn't allowed. The driver said is that ok? the reply was yes. The driver thanked the person in the van and reversed out, and it appears this is when the pic was taken of the car 'stopping'."

The above is appalling entrapment.

Drop me an urgent pm and I will put you in touch with a well known TV show looking for case studies for a programme next week.  Yours is a horrible story and well worth them featuring (may well get it cancelled too).

MyMSEName

UPDATE:

Merry Christmas!!

The appeal was lodged and a response received.

The company are saying that the responsibility for the charge lies with 'the driver', but they are unable to ascertain who the driver was from the info' given within the appeal, despite this info' being stated.

Also, in order for them to process the appeal correctly, they are asking for the driver to appeal through the 'my parking charge' portal with full address details being provided.

They have also 'as a good will gesture', placed the appeal on hold for 14 days, and will still accept the lesser charge of £60, but if payment is not received by this date, the full amount of £100 will be due, and failure to pay may result in Debt Recovery action being taken and further costs of up to an additional £70 being incurred.

The requests for evidence, and questions asked relating to the legality of the charge within the appeal have so far not been addressed by the company.

Q: Should the same action be followed as before?

Any advice would be appreciated.

Thanks

 

Half_way

It might also be wortrh querying why you are being directed towards a Parking charge notie site ( my parking charge) , or you have been isued a   Parking charge notice when the vehicle was not parked.

 From my underestanding this stopping is not parking aspect  ( to load/unload or other)  is/was covered in the Jopson v homegard case

Fruitcake

You can either ignore it or add to the appeal portal that the keeper has already appealed and are awaiting cancellation of the charge since the alleged event occurred outside the area they are contracted to operate, is not relevant land, is covered by byelaws, and turning round is not parking as determined in the Jopson v Homeguard appeal case, plus entrapment.

Personally I would go with the latter and repeat it every time they contact you without addressing your points.

I think this is a case where an IAS appeal might be worthwhile.

I used all the above points in my son's IAS appeal, plus half a dozen complain ts because they failed to respond within the IPC CoP deadlines.

How did you get on with your complaints to the landowner, their contractor, and your MP?

Mouse007

MyMSEName said:

The company are saying that the responsibility for the charge lies with 'the driver', but they are unable to ascertain who the driver was from the info' given within the appeal, despite this info' being stated.

What? Did you not read the template appeal which you quoted above? in particular this line

"There will be no admissions as to who was driving and no assumptions can be drawn."

Someone is trying to scam you and if you don't take a bit more care they might just get you.

MyMSEName

Half_way said:

It might also be wortrh querying why you are being directed towards a Parking charge notie site ( my parking charge) , or you have been isued a   Parking charge notice when the vehicle was not parked.

 From my underestanding this stopping is not parking aspect  ( to load/unload or other)  is/was covered in the Jopson v homegard case

Thanks HW, will bear that in mind. I received a Charge notice / Notice to Keeper and was not parked.