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

1505grandad

"Do be careful about saying who was driving. Whilst it may not happen, PPCs do monitor this forum. If the PPC concerned is monitoring this thread, it is unwise to reveal the driver's identity, which knocks out the byelaws/no keeper liability point."

KeithP  -  I was wondering about that also as I have seen similar posts to the above statement  -  in this case is it only the passengers who have contravened the Byelaws and therefore they are liable.? (As usual always willing to learn if anyone can clarify).

Coupon-mad

Yep and remove 12 and 13 which can wait till WS stage.

RRTechie

Latest Defence with recommended changes applied...

The facts known to the Defendant:

2.    The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver at the material time.

3.    According to VCS’ own photographs, the vehicle was stopped at pedestrian-controlled traffic Lights at a pedestrian crossing. Stopping at a pedestrian crossing is a mandatory byelaw requirement therefore there was no breach of parking contract.

4.    As evidenced by the still images provided on both charge notices, it is unequivocally clear that multiple pedestrians were using the crossing at the material times. Additionally, in at least one of the claimant’s images, the pedestrian traffic control light is green, indicating that pedestrians are crossing and the road traffic light is red, requiring vehicles to stop.

5.    VCS are not the landowner. The Bristol Airport website details the land ownership and states that the majority landowner shareholder is the Ontario Teachers’ Pension Plan (OTPP).

6.    The airport is managed by a sub-contractor to the landowner, Bristol Airport Limited, (BA Ltd), and Vehicle Control Services (VCS) Limited are sub-contractors to this management company, not to the landowner.

7.    It is averred that no contract to manage or enforce parking on this land exists between or flowing from the Landowner. Further, it is averred that this Claimant (understood to have a bare licence as agents of a sub-contractor) has no standing to issue court claims in their own name.

8.    In reference to an email letter the Defendant received dated 03/01/2024 from Excel Parking Services (Excel), a sister company to VCS, in response to the defendant’s appeal to VCS, the claimant responded that,

“Byelaws are not currently in use as the last set of byelaws published relate to the old airport site and are now regarded as obsolete by the Airport Company.”
This statement is not true. Bristol Airport Bylaws are not Obsolete.

 

9.    The Right Honourable John Penrose MP wrote to Bristol Airport Limited detailing that Excel had stated on behalf of VCS that Bylaws were obsolete and he (Mister Penrose) received the following response on 21/09/2023 from BA Ltd.
“Firstly, our Byelaws are definitely in place and are not obsolete. We have of course contacted our third-party parking enforcement provider who have identified an issue with the wording used in the response to the constituent, which does not align with their usual communication standards. The operative used incorrect phrasing with regards to Byelaws in this particular response. Excel Parking Services have assured us that this wording anomaly is not consistent  with the response typically used in other communications.”

10. The response received from BA Ltd clearly states that Bylaws “are definitely in place and are not obsolete’ and that Excel Parking Services had assured Bristol Airport that ‘this wording anomaly is not consistent with the response typically used in other communications’ however, clearly this is not the case because Excel recited the same incorrect statement to the Defendant some four months later.

11. Neither the keeper nor the driver can be held liable for the unexpected actions of another person whilst the vehicle was stationary.

Coupon-mad

OK then the rest of para 4 - 30 of the Template Defence, re-numbered (DON'T show us!).

RRTechie

The numbering is automated in Word as a list so each section is automatically renunbered if I remove items. 

KeithP

1505grandad said:

"Do be careful about saying who was driving. Whilst it may not happen, PPCs do monitor this forum. If the PPC concerned is monitoring this thread, it is unwise to reveal the driver's identity, which knocks out the byelaws/no keeper liability point."

KeithP  -  I was wondering about that also as I have seen similar posts to the above statement  -  in this case is it only the passengers who have contravened the Byelaws and therefore they are liable.? (As usual always willing to learn if anyone can clarify).

It was @Fruitcake who wrote that - on 29 December 2023. 
But I do agree with him.

As far as parking is concerned, I think the only use of byelaws is when the driver is unknown - they simply cannot transfer a driver's liability to a keeper on land under statutory control.

So @RRTechie, that in turn means that your paragraphs numbered 8, 9 and 10 in your latest post should not be there.

Coupon-mad

I think they should, because there is the point that the Airport Byelaws take precedence and they allow for emergency stops beyond the control of the driver. Clearly stopping at a red light is a stop that the driver must do.

Fruitcake

I know you plan to submit tomorrow, but it's a bank holiday so it may not register or give you an automatic acknowledgment of receipt.  If you don't get an acknowledgment, submit it again on Tuesday after 9 am.
Take screenshots when you send it, and remember to email it to yourself as well.

RRTechie

Thanks @Fruitcake will do. I usually screen record the act of sending for things like this too. 

RRTechie

Hi Everyone...

Defence just sent and following response received:

Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days

When sending us documents please ensure you comply with the Practice Direction 5B

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b