Clarification on Newbie instructions - VCS Bristol Airport fee

cutlero

Hi, 

I received a fine from VCS at Bristol Airport in May 24 for £100 for stopping in a 'no stopping zone'. My car was stopped at a red light at a pedestrian crossing and the passenger decided to hop out. The evidence they sent shows people walking in front of my car at the red light.

I read a number of threads here which all seemed to say to ignore all notices sent, do not appeal, until they take you to court. However, the newbie thread seems to say that I should have appealed the first notice so I think I have misunderstood something? 

I am at the phase where I have been sent two notice to keepers from VCS, the first requesting £100 and the second £170 and I have just received the letter from the debt collectors stating I need to pay the £170.

I have ignored all, although thinking I may have messed this up? Can anyone provide straightforward guidance on the next steps please?

Le_Kirk

The NEWBIE sticky fourth post explains about debt collector rubbish, ignore it.  Search the forum for Bristol airport, plenty of threads about it.
Also worth looking for threads by forum regular @Fruitcake, a bit of an acknowledged expert on Bristol Airport

Gr1pr

Plenty of threads about Bristol airport here, study this recent case as your starter for 10 

https://forums.moneysavingexpert.com/discussion/6540632/invoice-for-stopping-on-red-line-airport#latest

cutlero

*** UPDATE *** Aug 24

Since I wrote this original post, I have received two more letters from VCS, followed by a debt collection letter, and now today I have received a Letter of Claim from dcblegal. I have ignored all of these, I have not appealed anything, and I have not revealed the identity of the driver.

The Letter of Claim I received today states, "The vehicle (reg. XXX) was parked on private land managed by our client. The signs displayed on the Land set out the terms of parking. The vehicle was parked in breach of the terms..."

To clarify, I was not parked at any time on the site. I was stopped at a red traffic light within the no stopping zone, and VCS has issued a charge for 'no stopping', not parking as the LoC claims. I was legally obligated to stop at the red traffic light, and the 'evidence' they sent on the Notice to Keeper shows pedestrians walking in front of my car while stopped at the red light as well as my passenger jumping out while we were stopped at the red light.

The letter of claim states I owe £170, an increase from the original £100 as expected.

It is my understanding that I will need to use the web link provided by dcblegal to respond to the Letter of Claim, and below is my drafted response using the template, which I have not sent yet:

>>>>

Dear Sir/Madam,

Your Ref. 121097.6825D
Proposed Legal Proceedings
Claimant: Vehicle Control Services Ltd

I refer to your letter of claim.

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

XXXXX

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".

Don't send me your usual blather about that.

I am the registered keeper of the vehicle. I am not obliged to identify the driver and I decline to do so. As there is no legal presumption that the keeper of a vehicle was its driver on any particular occasion, your client cannot pursue me as driver (see VCS v Edward, 2023).

As you and your client are well aware, there is no keeper liability at Bristol Airport because the airport is not ‘relevant land’ as defined in Schedule 4 to the Protection of Freedoms Act 2012. So your client cannot pursue me as keeper.

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct.

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

<<<<<

If any further advice can be provided on the next steps it would be much appreciated.

Thank you reader 👍

Fruitcake

Your paragraph in the post above beginning, "To clarify ..." identifies the driver.

Enact Plan A, but don't expect the landowner to respond at all, or for their sub-contractor to help. You just have to go through the motions.

Next, trawl other BRS no-stopping threads and come up with a list of bullet points you will add to your LoC response.

These will include,

Not the landowner
No contract with or flowing from the landowner to issue court claims
Byelaws apply, no keeper liability
A parking charge notice was issued for a non-parking event
Stopping is not parking, ref Jopson v Homeguard
Stopping at a red traffic light is a mandatory byelaw requirement
Driver cannot be held liable for the actions of a passenger, contract (signage) does not apply to the passenger, alleged contract with driver therefore void for impossibility
Keeper cannot be assumed to have been the driver, ref VCS v Edward

cutlero

@Fruitcake Unfortunate, considering this was for ease of typing and I was not the driver

cutlero

@Fruitcake Thank you very much for your help

Fruitcake

cutlero said:

@Fruitcake Unfortunate, considering this was for ease of typing and I was not the driver

Even better. Where the keeper was not the driver then they, the keeper, cannot be held liable on non-relevant land where byelaws apply.
You need to include that in your complaints and LoC response.

Coupon-mad

Just add one line to the template stating that you were not driving.  If you were the arriving/departing passenger on a flight, then attach that proof and tell DCB Legal that the driver won't be named, so 'go swivel'.

cutlero

I replied to the DCBL LoC just over a week ago (six working days ago) using the link supplied on the letter they sent.
I am yet to receive a reply, but also, when I submitted my response I didn't receive any sort of confirmation/acknowledgement that it had been received by them or had been sent. I'm wondering if this is normal or whether there is a chance they have not received my response in which case I will need to submit another as I don't want to run the risk of missing the 28 day deadline.

Thanks

KeithP

cutlero said:

I replied to the DCBL LoC just over a week ago (six working days ago) using the link supplied on the letter they sent.
I am yet to receive a reply, but also, when I submitted my response I didn't receive any sort of confirmation/acknowledgement that it had been received by them or had been sent. I'm wondering if this is normal or whether there is a chance they have not received my response in which case I will need to submit another as I don't want to run the risk of missing the 28 day deadline.

Thanks

Send it again if you like.
This time add your email address as a second addressee. In that way, if you receive it, it is an odds on certainty that DCBL did too.