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

RRTechie

Revised version of my response to LoC....

Your Ref. [REFERENCE FROM THE LOC]

Proposed Legal Proceedings

Claimant: Vehicle Control Services Ltd

I refer to your letter of claim dated 21/05/2024 referencing PCNs: ******

I confirm that my address for service for the time being - assuming you don't delay any claim - is as follows, and any older address must be erased from your records:

[MY ADDRESS HERE]

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Please do not send me your usual boilerplate regarding that.

In addition I bring to your attention the following points that I will be including in my defence:

• Airport Byelaws apply therefore location where the alleged event occurred is not relevant land and Protection of Freedoms Act 2012 does not apply therefore the registered keeper cannot be held liable.
• VCS/Excel Parking Services have previously misled myself and another motorist by stating that the landowners sub-contractor (Bristol Airport) consider Bylaws to be obsolete but this was proven to be untrue in correspondence between the sub-contractor and The Right Honourable Joh Penrose MP.
• VCS are not the landowner. VCS do not have a contract with or flowing from the landowner and therefore have no standing to issue charges in their own name.
• The driver at the material time has not been identified.
• The vehicle was stopped at Traffic Lights/Pedestrian/Zebra Crossing showing a red aspect!. Stopping at a red traffic light is required by UK law and is not parking.
• A driver cannot be held liable for the unexpected actions of a passenger whilst the vehicle was stopped at Red Traffic Lights/Pedestrian Crossing.
• Part B2 of VCS's KADOE contract allows VCS to obtain data only for purposes related to trespassing, abandonment and parking charges, not for "stopping", and especially not for stopping  at a traffic lights/pedestrian crossings therefore VCS are therefore in breach of contract.
• The term “No Stopping”, as written on the signs, is forbidding. The driver stopped as required at the traffic lights/pedestrian crossing, therefore their actions were as required by the airport byelaws and the road traffic act. The driver cannot agree to a contract of no-stopping when the law requires them to do so.
• The Interpretation Act states that it shall apply to the interpretation of byelaws as if they apply to the interpretation of an Act of Parliament. The Road Traffic Act shall therefore apply to roads through the airport where a road traffic order does not apply as if such a traffic order did apply. Road traffic orders require motorists to stop at red traffic lights/pedestrian crossings.

I have two questions, and under the ‘PAP’ I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

Le_Kirk

You might want to change the phrase "red aspect" to "red traffic light" to make it understandable.

Coupon-mad

Yes, apart from that, very good.  Be ready to report them to HMRC when they come back with some tired old blather pretending that the DRA fee is 'part of the PCN' so VAT-exempt.

Oh no it isn't!

RRTechie

Le_Kirk said:

You might want to change the phrase "red aspect" to "red traffic light" to make it understandable.

That comes from my days developing software in the railway signalling sector.

1505grandad

"Joh Penrose MP."  -  typo?

 

RRTechie

1505grandad said:

"Joh Penrose MP."  -  typo?

 

Thanks, yes missed the 'n'.

RRTechie

Both LoC responses now sent and are pretty much identical and align with the following format as previously discussed above...

Your Ref. ****

Proposed Legal Proceedings

Claimant: Vehicle Control Services Ltd

I refer to your letter of claim dated **** referencing PCNs: ****

I confirm that my address for service for the time being - assuming you don't delay any claim - is as follows, and any older address must be erased from your records:

****

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Please do not send me your usual boilerplate regarding that.

In addition I bring to your attention the following points that I will be including in my defence:

• Airport Byelaws apply therefore location where the alleged event occurred is not relevant land and Protection of Freedoms Act 2012 does not apply therefore the registered keeper cannot be held liable.
• Vehicle Control Services (VCS)/Excel Parking Services have previously misled myself and another motorist by stating that the landowners sub-contractor (Bristol Airport) consider Bylaws to be obsolete but this was proven to be untrue in correspondence between the sub-contractor and The Right Honourable John Penrose MP.
• VCS are not the landowner. VCS do not have a contract with or flowing from the landowner and therefore have no standing to issue charges in their own name.
• The driver at the material time has not been identified.
• The vehicle was stopped at Traffic Lights/Pedestrian/Zebra Crossing showing a red light! The VCS Images are clearly showing pedestrians crossing in-front of the vehicle. Stopping at a pedestrian crossing is required by UK law and is not parking.
• VCS are infringing the Data Protection Act (DPA)/General Data Protection Regulation (GDPR) rules by passing sensitive personal information to Excel which is a totally separate  accounting company.
• A driver cannot be held liable for the unexpected actions of a passenger whilst the vehicle was stopped at Red Traffic Lights/Pedestrian Crossing.
• Part B2 of VCS's Keeper At Date Of Event (KADOE) contract allows VCS to obtain data only for purposes related to trespassing, abandonment and parking charges, not for "stopping", and especially not for stopping  at a traffic lights/pedestrian crossings therefore VCS are therefore in breach of contract.
• The term “No Stopping”, as written on the signs, is forbidding. The driver stopped as required at the traffic lights/pedestrian crossing, therefore their actions were as required by the airport byelaws and the road traffic act. The driver cannot agree to a contract of no-stopping when the law requires them to do so.
• The Interpretation Act states that it shall apply to the interpretation of byelaws as if they apply to the interpretation of an Act of Parliament. The Road Traffic Act shall therefore apply to roads through the airport where a road traffic order does not apply as if such a traffic order did apply. Road traffic orders require motorists to stop at red traffic lights/pedestrian crossings.

I have two questions, and under the ‘PAP’ I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

****

RRTechie

Hi everyone...

Today I received the following response from DCBLegal regards to my reply to their LoC...

Dear ****

 

We write in response to your correspondence received in our office dated ****.

 

We now respond to the same as follows.

 

Vehicle Control Services (VCS) are authorised by the landowner to undertake Parking Management, Control and Enforcement. We have enclosed a copy of the contract for ease of reference.  

 

A charge of £70.00 has been added to the sum of each Parking Charge Notice (PCN) as per the contractual costs outlined, as the Claimant has had to go to the expense of instructing debt collection agencies to recover the debt.

 

 

The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT.

  In relation to the Data Protection Act (DPA), this information is located on the sign "When on site, we will capture your details including vehicle registration mark and relevant activity using Parking Wardens and/or CCTV and/or ANPR in order to enforce parking terms and conditions. Where the terms have not been complied with your personal data may be collected, processed, shared and retained in order to enforce the parking contract and for legitimate interests with the following: The DVLA to pursue a PCN/ Third parties for appeals and enforcement." 

 

WITHOUT PREJUDICE

 

Based on the circumstances provided, our client are willing to settle the matter. Our client would be agreeable to a payment of £120.00 to conclude the matter. For clarity, this relates to both PCNs; ***, ***.

 

If agreeable, we would require payment within 30 days from the date of this email. Payment can be made via bank transfer to our designated client account: - Account Name: DCB Legal Ltd Client Account   Sort Code: ****   Account Number: **** You must quote the correct case reference (****) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred. We would ask that you kindly furnish us with your most up to date telephone number and email address, this can be emailed to us at info@dcblegal.co.uk. Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/. 
Kind Regards,  ****

Litigation Support Associate DCB Legal Ltd   Tel: ****

They also attached the following document...

 CONTRACT STATEMENT OF AUTHORITY 

On behalf of Bristol Airport Limited, I can confirm that: 

1. The site is known as: Bristol Airport 

Address: Bristol Airport, Bristol 

Postcode: BS48 3DY 

2. The landowner is Bristol Airport Limited. The site operator is Vehicle Control Services Ltd of 2 Europa Court, Sheffield Business Park, Sheffield. S9 1XE. 

3. The Operator is authorised by the Landowner to undertaker Parking Management, Control and Enforcement at the site by a contract dated 07th October 2019. 

4. The Operator is authorised by the Landowner to issue Parking Charge Notices where vehicles are found/seen on the site in a manner not permitted under the Terms and Conditions of the site. The Terms and Conditions are set out on the signage at the site and detail. 

5. Vehicle Control Services Ltd is authorised to collect and retain all unpaid Parking Charge Notices (including suing for their recovery in their own names) and Bristol Airport Limited agree to give all reasonable assistance, including executing any relevant documents if required in relation to such recovery. 

6. The Operator is authorised by the Landowner to pursue the outstanding parking charges in accordance with the Approved Operator Scheme Code of Practice. 

7. The Operator is authorised by the Landowner to issue Parking Charge Notices in the area outlined in red on the map below.  

Fruitcake

Dear DCB Ltd,
     As you are or should be aware, VCS Limited are not the landowner of Bristol Airport, nor do they have a contract with or flowing from the landowner of Bristol Airport. G (Graeme) Gamble is not the COO of the owner of Bristol Airport. These statements are false and I will be reporting DCB Limited to the Solicitors Regulatory Authority for making these false statements.

VCS Limited have failed to provide a copy of the contract with or flowing from the landowner to the registered keeper of the vehicle. Without such a contract, the keeper can never be held liable.

The map of the area outlined in red does not match the location where the alleged event occurred. 
There are no traffic lights shown within the area marked in red where the alleged event allegedly occurred.
The map does not show where the alleged event occurred.
VCS have failed to show photos of the vehicle allegedly parked within the red outline on the map of where the alleged event occurred.
The photos provided by VCS do not show the vehicle was within the area marked in red.

Based on the circumstances provided, I am willing to settle the matter. I  would be agreeable to your offer of payment of £120.00 to conclude the matter. For clarity, this relates to both PCNs; ***, ***
My bank details are,  Sort Code NN NN NN, A/C No XXXXXXXX. Payment of £120 to this account within 7 (seven) days of the date of receipt of this notice, which is presumed by law to be two working days from the date of issue will result in an end to this matter. 
If payment is not received within this timeframe, your client should be prepared to lose in court at which point I will seek ordinary costs plus costs for unreasonable behaviour.

For the avoidance of doubt, airport byelaws apply at the material location meaning that the registered keeper can never be held liable for this spurious and inflated charge.
The driver has not been identified, and in any case, they cannot be held liable for actions of a passenger whilst the vehicle was lawfully stopped as require by airport byelaws at a traffic light controlled pedestrian crossing whilst said lights were set to red.

Coupon-mad

Brilliant reply. 

Just to add, please also search the forum for the below. Report DCB Legal to HMRC immediately for dressing up a debt recovery fee as if it is a VAT-exempt parking charge:

"HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), falls out of the scope of VAT."

You'll see what to say to HMRC when you do the search.  Please do the HMRC 'VAT concerns' report urgently and state that the complaint is potentially worth £millions in what looks like unpaid VAT on DRA enforcement fees that the public have been charged for years,  instead of the parking operator client.