Charge Notice for stopping at red light - Bristol Airport

Drivad

No, haven't taken any action yet. Only received the letter yesterday and didn't want to do anything hasty without consulting the pros first!!

KeithP

With a Claim Issue Date of 6th November, you have until Monday 25th November to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 9th December 2024 to file a Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Drivad

Fab thanks. Defence drafted in line with RRTechie's thread. Have put a placeholder in for clause 8, which is intended to reference the Byelaws on Bristol Airport's website (which was re-upped in July this year). 

Again, any pointers hugely appreciated. 

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 two of the claimant’s images, the road traffic light is red, requiring vehicles to stop. 

 

5.    Vehicle Control Services Limited (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. [Unsure how to reference Byelaws document located here: https://www.bristolairport.co.uk/media/0hlpxurr/bristol-airport-byelaws-29072024v2.pdf]

 

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

Umkomaas

Have you submitted your AOS?  First job before Defence. 

Drivad

Yes, AOS now submitted (only clocked the point about waiting 5 days after I'd submitted it, but keen to just get on with it anyway)

Coupon-mad

I think there are better VCS Airport defences out there that include the fact that Airport roads are under statutory control and are part of the public highway and so the Traffic Management Act applies to them.

Search the forum to find a defence that includes that point.

This isn't true, is it?

"the Defendant was the registered keeper".

Please could you show a screenshot of your IAS decision, tonight? I'm gathering them to show the MHCLG.  Urgent! Ta.

Drivad

Good spot, I was the driver not the keeper. 

Screenshots attached, let me know if you need anything else!

Coupon-mad

Drivad said:

Good spot, I was the driver not the keeper. 

Screenshots attached, let me know if you need anything else!

I've put them in the right order. Thankyou!

Drivad

Second attempt adding in some comments regarding statutory control: 

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 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 two of the claimant’s images, the road traffic light is red, requiring vehicles to stop. 

 

5.             Bristol Airport is under the statutory control of Bristol Airport Byelaws 2012 section 6 “Prohibited Acts on private airport roads and other parts of the airport to which traffic enactments do not apply”. Therefore, the airport is not ‘Relevant Land’ and therefore the vehicle keeper (the defendant) cannot be held liable. The case should be struck out accordingly.

 

6.             Bristol Airport Byelaws 2012 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.”

Failing to stop as required would have caused the driver to commit a prohibited act.

 

7.    Vehicle Control Services Limited (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).

8.    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.

9.    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.

 

10. The driver cannot be held liable for the unexpected actions of another person whilst the vehicle was stationary.

Imnotpaying

@Drivad  says

5.             Bristol Airport is under the statutory control of Bristol Airport Byelaws 2012 section 6 “Prohibited Acts on private airport roads and other parts of the airport to which traffic enactments do not apply”. Therefore, the airport is not ‘Relevant Land’ and therefore the vehicle keeper (the defendant) cannot be held liable. The case should be struck out accordingly.

Since you have admitted you were the driver, are not the second and third sentences irrelevant?

But the Byelaws are relevant to point 6.  I'm no expert, but I still believe 6.9 is the most relevant and persuasive section, although others seem to have disagreed and I'm not sure why.  This states:

"[No person shall...]

6.9 Observe signs

without reasonable excuse on foot or whilst driving or propelling a vehicle neglect, fail or refuse to comply with an indication or direction given by:

6.9.1 a traffic or pedestrian sign erected and displayed by or with the consent of the Company placed on or near such parts of the Airport;

6.9.2 any road markings; or

6.9.3 an Airport Official or Constable for the time being engaged in the regulation of traffic or pedestrians....."

Then there's Byelaw 6.1 which I would argue prohibits a driver from moving off whilst an airport user is, without permission, in the process of climbing into a stationary vehicle:

"[No person shall]

6.1 Conduct while driving

drive a vehicle:-

6.1.1 dangerously (by which is meant to drive in such a manner where having regard to the circumstances such driving is likely to cause injury or damage to property);

6.1.2 without due care and attention, or without reasonable consideration for other persons using the Airport;......."

What do others think?