Bristol Airport NTK - 104) Stopping to Pick-Up/Drop Off In a Restricted Zone

RRTechie

Hi Everyone,
Firstly, I have read the Newbies thread but I honestly have not seen this example on the Forum, hence the post...

An alleged Stopping/Picking Up offence occurred at Bristol Airport...A passenger alighted from a vehicle. On the way-in past the first roundabout there is a set of traffic lights...these were red and seeing as there was a set of steps directly to the left to navigate to the Departures, they got out while the lights were red.

As the registered keeper have received a Charge Notice NTK from Vehicle Control Services Limited (VCS) with the Title as '104) Stopping to Pick-Up/Drop Off In a Restricted Zone'!

My questions are as follows please...

- Does their governance cover that road section at the traffic lights?

- If they do have governance in that roadway section, does their claim stand if the lights were red? This is clearly shown in the images that they have provided.

- What is there next steps? Do I do nothing and hope they will give up? They have said the usual...Pay before 14 days and the £100 is reduced to £60.

Thank you in advance for all your help...as likely with you, I vehemently despise such blatant profiteering and perceive these company's and their directors to be pretty much the bottom feeders of the planet!

Coupon-mad

You just do what the NEWBIES thread says. Appeal as keeper without saying who was driving. Then ignore them until court claim.

RRTechie

Coupon-mad said:

You just do what the NEWBIES thread says. Appeal as keeper without saying who was driving. Then ignore them until court claim.

I thought if not liaising with them the best approach was to not engage with them at all? Or do you mean Appeal to the Airport?

Coupon-mad

Do what the NEWBIES thread says.

The template appeal is "one size fits all".

Complaining to the landowner is also explained there and that's not an 'appeal' it's a complaint.

Fruitcake

This post contains a pdf with a map that shows where VCS are contracted to operate by the airport sub contractor, which should show if the car was within the PPC's entrapment zone.

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

I don't recall there being any traffic lights on any of the internal main roads, but of course they may be newly installed since I was last there, so please tell us precisely where they are, ideally by marking them on the map or showing us the spot on Google Streetview, even if the images are out of date.


Plan A is always a complaint to the landowner, in this case a foreign owned investment company, details of which can be found on the airport website. You will need to do internet searches to find email addresses for their London and Toronto offices.
Do not be surprised if they do not reply. I have yet to learn of anyone who has received a response, but you need to go through the motions so you can show a judge if necessary that you tried to narrow the issue in an attempt to avoid court.

You should also complain to the sub contractor that manages the airport on behalf of the landowners, Bristol Airport Limited. Contact/complaints details can also be found on the airport website.
Don't be surprised when they side with their unregulated parking company, but again you need to go through the motions.

Do complain to your MP as well.

Appeal to VCS using the template in blue text from the NEWBIES, sent unaltered from the keeper except for the following additions,

Airport byelaws apply and since this means the location where the alleged event occurred is not relevant land, the PoFA 2012 does not apply and the keeper cannot be held liable. 
The driver cannot be held liable for the unexpected actions of a passenger whilst the vehicle was stopped at traffic lights as mandated by Bristol Airport Byelaws 2012 that state,

6. PROHIBITED ACTS ON PRIVATE AIRPORT ROADS AND OTHER PARTS OF THE AIRPORT TO WHICH ROAD TRAFFIC ENACTMENTS DO NOT APPLY
On any private Airport roads or other parts of the Airport to which the Road Traffic Enactments do not apply no person shall: 

6.7 Road Traffic Enactments drive or cause or permit to be driven any vehicle which fails to comply with any braking, steering, lighting, tyre or electrical requirements which apply to that type of vehicle if it were to be operated on a road to which the Road Traffic Enactments apply. 

RRTechie

Fruitcake said:

This post contains a pdf with a map that shows where VCS are contracted to operate by the airport sub contractor, which should show if the car was within the PPC's entrapment zone.

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

I don't recall there being any traffic lights on any of the internal main roads, but of course they may be newly installed since I was last there, so please tell us precisely where they are, ideally by marking them on the map or showing us the spot on Google Streetview, even if the images are out of date.


Plan A is always a complaint to the landowner, in this case a foreign owned investment company, details of which can be found on the airport website. You will need to do internet searches to find email addresses for their London and Toronto offices.
Do not be surprised if they do not reply. I have yet to learn of anyone who has received a response, but you need to go through the motions so you can show a judge if necessary that you tried to narrow the issue in an attempt to avoid court.

You should also complain to the sub contractor that manages the airport on behalf of the landowners, Bristol Airport Limited. Contact/complaints details can also be found on the airport website.
Don't be surprised when they side with their unregulated parking company, but again you need to go through the motions.

Do complain to your MP as well.

Appeal to VCS using the template in blue text from the NEWBIES, sent unaltered from the keeper except for the following additions,

Airport byelaws apply and since this means the location where the alleged event occurred is not relevant land, the PoFA 2012 does not apply and the keeper cannot be held liable. 
The driver cannot be held liable for the unexpected actions of a passenger whilst the vehicle was stopped at traffic lights as mandated by Bristol Airport Byelaws 2012 that state,

6. PROHIBITED ACTS ON PRIVATE AIRPORT ROADS AND OTHER PARTS OF THE AIRPORT TO WHICH ROAD TRAFFIC ENACTMENTS DO NOT APPLY
On any private Airport roads or other parts of the Airport to which the Road Traffic Enactments do not apply no person shall: 

6.7 Road Traffic Enactments drive or cause or permit to be driven any vehicle which fails to comply with any braking, steering, lighting, tyre or electrical requirements which apply to that type of vehicle if it were to be operated on a road to which the Road Traffic Enactments apply. 

Thank you for such a detailed response Fruitcake, much appreciated..

I have reviewed their terms of service Parking Policy document that you provided and note the following...

1) The Contravention Table listed in Schedule One section does not list my Reason for the Charge which is as follows...'104) Stopping to Pick-Up/Drop Off In a Restricted Zone'. Does this have any bearing on their case or is it that the document is out of date and a later version lists additional Contraventions within their scope?

2) The through road they have coloured as red on the map in effect is the whole road in and out of the airport and yes I did stop at a section of traffic lights along that road and that is where my passenger alighted. Does this mean they have a strong case?

RRTechie

To add to my previous message, I should say that the traffic lights look to be temporary lights that I stopped at.

RRTechie

Here I have added in a copy of the image strip that the included in their single page NTK clearly showing the vehicle stopped at red traffic lights with the passenger alighting...

troublemaker22

RRTechie, Coupon Mad told you what to do at the start.  She is very wise and experienced.  You should take her advice and stop clouding the issue with unhelpful posts.  The photos don't show any identifiable human doing anything.  They show a car.  

RRTechie

troublemaker22 said:

RRTechie, Coupon Mad told you what to do at the start.  She is very wise and experienced.  You should take her advice and stop clouding the issue with unhelpful posts.  The photos don't show any identifiable human doing anything.  They show a car.  

I added additional information to support my original post...I don't believe my additional posts clouding anything.

RRTechie

Hi,
I have read the Bristol Airport Byelaws and reviewed the PoFA 2012 and using the Newbie template have put together the following appeal to VCS which I will send unless there are any issues?

Reference Charge Notice: ********

To whom it may concern,

I dispute your ‘Charge ‘Notice, 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. Airport byelaws covering airport parking apply therefore the Protection of Freedom’s Act 2012 does not apply and therefore the keeper cannot be held liable.

In addition, the driver cannot be held liable for the unexpected actions of a passenger whilst the vehicle was stopped at traffic lights as mandated by Bristol Airport Byelaws 2012 that state the following…

6. PROHIBITED ACTS ON PRIVATE AIRPORT ROADS AND OTHER PARTS OF THE AIRPORT TO WHICH ROAD TRAFFIC ENACTMENTS DO NOT APPLY 

On any private Airport roads or other parts of the Airport to which the Road Traffic Enactments do not apply no person shall:

• 6.2 Parking in time restricted areas
  leave or park a vehicle or cause it to wait for a period in excess of the permitted time in an area where the period of waiting is restricted by notice.

• 6.3 Parking in prohibited areas
  wait leave or park a vehicle where waiting or parking is prohibited by notice.

• 6.10 Safety
  use, cause or permit a vehicle to be used unless:
• 6.10.1 it is in such condition; the number of passengers carried by it; the manner in which any passengers are carried in it; the weight, distribution, packing and adjustment of the load of the vehicle are such that no danger is caused or is likely to be caused to any person in or on the vehicle or on the Airport.

• 6.11 Driving in designated areas
  without permission of the Company drive or park or wait in or leave any vehicle
  otherwise than in areas designated by the Company.

Since your CN 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.

Yours faithfully,

……

Does the above look correct please?

@Fruitcake: I did not use clause 6.7 of the Bristol Airport Byelaws as you recommended because I could not see how that applies?

Thank you in advance.