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

D_P_Dance

send the a reminder copied to your MP.

Fruitcake

Le_Kirk said:

RRTechie said:

@Fruitcake I'm currently waiting to see if Bristol Airport reply to my previous email regarding Bylaws and will then hit them with the quote from your letter and the fact that they are clearly attempting to deceive..thanks again.

I wouldn't wait. I would keep at them until you receive a satisfactory answer.

The OP has copy of the whole letter and I believe will be sending that rather than a quote from it. I do agree though that now is the best time in the hope VCS will pull the plug on the claim before it becomes live.

RRTechie

Hi,
Next email I will be sending today to Bristol Airport with the aforementioned MP letter attached...Thoughts please?...

Dear Sir/Madam,

- Reference Charge Notice: *****

- Copy to [MY MP]

- Copy to  Aviation Centre for Effective Dispute Resolution (CEDR)

I am being aggressively harassed by your parking enforcement provider VCS as the keeper of a vehicle for the alleged offence of 'Stopping To PickUp/Drop Off In A Restricted Zone'. I dispute their ‘Charge Notice’ and subsequent Demand Letters as the keeper of the vehicle. I deny any liability or contractual agreement and I have made multiple complaints to Bristol Airport, my MP and to your landowner regarding their predatory conduct.

In response to this alleged offence I appealed to VCS and received an email with an attached PDF dated 03/01/2024 from Excel Parking Services. In reference to the response from Excel Parking Services…

Bristol Airport Bylaws:

In the letter I received from Excel Parking Services dated 03/01/2024 as the registered keeper, in response to me referencing that Bylaws exist at Bristol Airport negating the Protection of Freedoms Act 2012, VCS/Excel Parking Services stated the following…

“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, the Bristol Airport Bylaws are not Obsolete…Bylaws apply to land under statutory control and do not just become "obsolete". The airport land is still the airport land and if it's airport land then it is not Relevant Land and the Protection of Freedoms Act does not apply.

The Right Honourable John Penrose MP wrote to Bristol Airport detailing that VCS had stated that Bylaws do not exist and he received the following response from Bristol Airport that clearly shows VCS/Excel Parking Services are continuing to seek to deceive myself and the general public (I have attached the full letter response from John Penrose MP dated 21/09/2023 to this email)…

“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.”

Please note that the response received from yourselves (Bristol Airport) 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 VCS/Excel Parking Services have recited exactly the same mistruth to myself on 03/01/2024!

GDPR Infringement:

The response I received to my appeal  was not from VCS but was from a separate company named Excel Parking Services Ltd. This company has a separate incorporation ID and separate accounting. VCS have broken GDPR rules by passing on my personal data to an Excel, a separate accounting company. I have complained to my member of parliament and the airport landowners.

The current status of the VCS 'Charge Notice’ Ref: **** is ‘Letter Before Claim’, should VCS/Excel Parking Services continue with progressing this to a court hearing I look forward to highlighting their blatant lies within their correspondence to the court.

Yours faithfully,

*****.

Fruitcake

If you don't know the name/title/position of the person to whom you are sending, the normal salutation would be "Sirs,"  "and finished as you have correctly done with "Yours faithfully,") Yes, sexist I know, but the legal profession et al appears not to have got the message yet.

Don't use the word "offence." Use instead something like alleged contract breach or alleged breach of terms and conditions.

Where you abbreviate, always use the full term first followed by the abbreviation/acronym in brackets, then just the initials thereafter. Vehicle Control Services (VCS) Limited the first time, then just VCS from then on.

Point out that Excel Parking Services Limited are a completely different company according to Companies House records, and is a stranger to any contract BA Ltd may have with VCS limited. 

Tell BA Limited what you want them to do. Instruct them to cancel the court claim and the parking charge notice otherwise they may be liable as principal and become co-defendants for the actions of their sub-contractor, VCS Ltd, for whom they are jointly and severally liable should the claim proceed. They will be required during the hearing to explain to the court why they permitted their agent, VCS Ltd, to make untrue statements when they were already aware of such previous occurrences and were aware, or should have been aware of the action of their agents for whom they are responsible.

RRTechie

Thank you @Fruitcake. I have now revised as follows. How does this look please?...

Dear Sirs,

- Reference Charge Notice: ***

- Copy to [My 

- Copy to Aviation Centre for Effective Dispute Resolution (CEDR)

I am being aggressively harassed by your parking enforcement provider Vehicle Control Services (VCS) as the keeper of a vehicle for the alleged offence of 'Stopping To PickUp/Drop Off In A Restricted Zone'. I dispute their ‘Charge Notice’ and subsequent Demand Letters as the keeper of the vehicle. I deny any liability or contractual agreement and I have made multiple complaints to Bristol Airport, my MP and to your landowner regarding their predatory conduct.

In response to this alleged breach of contract I appealed to VCS and received an email with an attached PDF dated 03/01/2024 from Excel Parking Services. In reference to the response from Excel Parking Services…

Bristol Airport Bylaws:

In the letter I received from Excel Parking Services dated 03/01/2024 as the registered keeper, in response to me referencing that Bylaws exist at Bristol Airport negating the Protection of Freedoms Act 2012, VCS/Excel Parking Services stated the following…

“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, the Bristol Airport Bylaws are not Obsolete…Bylaws apply to land under statutory control and do not just become "obsolete". The airport land is still the airport land and if it's airport land then it is not Relevant Land and the Protection of Freedoms Act does not apply.

The Right Honourable John Penrose MP wrote to Bristol Airport detailing that VCS had stated that Bylaws do not exist and he received the following response from Bristol Airport that clearly shows VCS/Excel Parking Services are continuing to seek to deceive myself and the general public (I have attached the full letter response from John Penrose MP dated 21/09/2023 to this email)…

“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.”

Please note that the response received from yourselves (Bristol Airport) 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 VCS/Excel Parking Services have recited exactly the same mistruth to myself on 03/01/2024!

GDPR Infringement:

The response I received to my appeal  was not from VCS but was from a separate company named Excel Parking Services Ltd. This company is a totally different company in respect to Companies House, is not the same company that you have a contractual agreement with to provide parking enforcement and has a separate incorporation ID and separate accounting. VCS have broken GDPR rules by passing on my personal data to an Excel Parking Services, a separate accounting company. I have complained to my member of parliament and the airport landowners.

The current status of the VCS 'Charge Notice’ Ref: VCS20999280 is ‘Letter Before Claim’. I request that you instruct VCS to cancel the Charge Notice/Court Claim otherwise you may be liable as principle and become co-defendants for the actions of your sub-contractor, VCS, for whom you are jointly and severally liable should this claim proceed. It may become necessary for Bristol Airport to explain to the court why they have repeatedly permitted their parking enforcement contractor to make untrue statements to myself and the public when being aware of such previous occurrences and the actions of their contractor, VCS.

Yours faithfully,

****.

Fruitcake

You still have the word, "offence" in there. I would also be wary about the use of the word "harassed." Harassment is a high bar to achieve in law, and you don't want to be accused of libel by VCS over the use of that word.

RRTechie

Fruitcake said:

You still have the word, "offence" in there. I would also be wary about the use of the word "harassed." Harassment is a high bar to achieve in law, and you don't want to be accused of libel by VCS over the use of that word.

Thanks @Fruitcake.

I missed that instance of 'offence' and have now changed to 'Breach of Contract'.

I have already used the word Harassed multiple times in emails and messages to VCS and Bristol Airport but have changed this to 'Harried'.

1505grandad

And there are still loads of the word Byelaws spelt without the "e".

"How do you spell bylaws in the UK?

It is normally a criminal offence to breach a provision of a byelaw. (Correct spelling is 'byelaws' - common incorrect spellings include: by laws, bylaws, by-laws, bye laws, bye-laws).7 Dec 2023"

RRTechie

1505grandad said:

And there are still loads of the word Byelaws spelt without the "e".

"How do you spell bylaws in the UK?

It is normally a criminal offence to breach a provision of a byelaw. (Correct spelling is 'byelaws' - common incorrect spellings include: by laws, bylaws, by-laws, bye laws, bye-laws).7 Dec 2023"

Did a quick check and would seem both are fine but seeing as I had accidentally used both forms in my email I changed all to Byelaws

Fruitcake

Since the word byelaws in the Bristol Airport Byelaws 2012 document is spelt with an e, then that is the spelling that should be used.

4 Ikctsktt (J1\J) (bristolairport.co.uk)