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

KeithP

I think 'Dear Sirs' would be more appropriate than 'To whom it may concern'.

Coupon-mad

And put this right:

"Freedom’s"

Ouch!

RRTechie

Coupon-mad said:

And put this right:

"Freedom’s"

Ouch!

Oops...Thanks will do.

Fruitcake

RRTechie said:

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

The surface zag-zig markings indicate a permanent crossing place, although that doesn't preclude the lights being temporary. It still doesn't help us to identify the location. We don't ask these questions for fun, but to help us to help you. 

RRTechie

Fruitcake said:

RRTechie said:

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

The surface zag-zig markings indicate a permanent crossing place, although that doesn't preclude the lights being temporary. It still doesn't help us to identify the location. We don't ask these questions for fun, but to help us to help you. 

It was dark but we think it was either coordinates Postcode: BS48 3AQ  Coordinates: 51.387086, -2.711016 or 51.387049, -2.710283. Primarily we think the former of those two. I have marked the two sections on the attached GoogleMaps screenshot. In my annotated screenshot the first coordinates is marked by the circle to the left. There were definitely temporary traffic lights there at the time and they were red.

Fruitcake

RRTechie said:

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.

That looks nothing like the advice I gave you previously. I suggest you go back to that post and re-read it.

For example, 
You have added the word parking even though this is not a parking event.
You have not mentioned the fact that the airport is not relevant land, which is the reason why the keeper cannot be held liable.
You have added parts of the byelaws that don't necessarily help, but have removed the specific parts of the byelaws that do apply to your specific situation.

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.

The driver did this; the keeper got an NTK.

RRTechie

Fruitcake said:

RRTechie said:

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.

That looks nothing like the advice I gave you previously. I suggest you go back to that post and re-read it.

For example, 
You have added the word parking even though this is not a parking event.
You have not mentioned the fact that the airport is not relevant land, which is the reason why the keeper cannot be held liable.
You have added parts of the byelaws that don't necessarily help, but have removed the specific parts of the byelaws that do apply to your specific situation.

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.

The driver did this; the keeper got an NTK.

Thank you for correcting...On reading the Byelaws I thought the clauses I referenced were relevant but I am new to this so accept you know more on these issues than myself.

I have re-written as follows...hope this is better now?

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

Dear Sirs,

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 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.

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:

• 6.7 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.

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,

……

Coupon-mad

Doesn't matter a jot what you put, as they will reject it and (of course) DO NOT TRY IAS.

This will boil down to defending a court claim in 2024 anyway (unless you can get the Airport to cancel it by getting your MP to complain on your behalf).

RRTechie

30/12/2023 Update:

I have now appealed to VCS implementing their Appeals page and have complained to Bristol Airport and multiple addresses for Ontario Teacher's Pension Plan.

Confirmation of appeal received from Excel Parking Services and acknowledgement that a case has been opened with Bristol Airport Customer Relations Team...I won't hold my breath!

Umkomaas

Confirmation of appeal received from Excel Parking Services

They're not VCS and are strangers to any contract that VCS purport you entered into with them. Keep a close eye on how far/much Excel now get involved. Definitely a winning point if they continue to meddle in this.