Bristol Airport - PCN for stopping at a traffic light.

LDast

Fruitcake said:

Where you say, "Evidence of a contract ..." you should add, "with or flowing from the landowner, Ontario Teachers' Pension Plan ..."

As pointed out, OTPP is not the landowner. Bristol Airport Ltd is the landowner as they hold the legal title. OTPP are simply majority shareholders in BAL.

Spottydog65

Has everyone a news article that's just been published on BBC website 10/10/24
look for

Customers dispute 'greedy' airport parking fines

It talks about...
More people have come forward about their "ridiculous" experiences after being issued "greedy" parking fines for stopping at an airport. It comes after a solicitor warned fines handed out at Bristol Airport could be unenforceable if people were not technically breaching any bylaws.

Imnotpaying

Up-date on my response to letter of claim received from DCB Legal.
I redrafted my response to take account of helpful comments received and sent it on 8 October.  I received a response from DCB Legal on 14 October which was effectively identical to that received by @Drivad, with my details pasted.  I have drafted the following response with further acknowledgement to @Drivad and others:

Dear xxxx,

Thank you for your email of 14 October. Under the PAP, I am entitled to specific answers to the questions in my email of 8th October.

1. I note from your sixth paragraph that the sum of £70 is in addition to, and not part of, the alleged penalty charge. HMRC Document, VATSC06140 - Consideration: Payments that are not consideration: Fines and penalty charges (last updated on 30 August 2024, not 02 September 2020, as stated in your response to my question) exempts parking charge notices, NOT fees charged for “time and material used attempting to recover” an alleged debt.  I shall be seeking clarification from HMRC about this inconsistency.  Please confirm unequivocally whether or not the £70 added includes VAT.
2. You have provided no answer to my second question:  Is the principal sum allegedly due under the PCN being claimed as damages, or is it intended to be pleaded as consideration for a service (i.e. parking)?  
3. You make reference in your seventh paragraph to the BPA Code of Practice as justification for the increased charge to cover “debt recovery fees”.  The PCN clearly states that VCS Ltd is an IPC Accredited Operator and operates in accordance with their Code of Practice.  According to the list provided on the BPA website your client is not a BPA Approved Operator. Can you confirm whether VCS Ltd are bound by the BPA's Code of Conduct?  
4. In response to my third request for information, you have provided copies of selected pages (the frontispiece, pages 1 and 6) from an 8 page document purporting to be an agreement between the land owner and your client for provision of parking services. The Term of this agreement expired on 6 January 2023. Please supply a complete copy of a contract, valid at the time of the alleged event, showing signatures of both parties to the agreement, which includes the Schedules referenced on page 1 and which evidences your client’s contractual right to issue a Parking Charge Notice for stopping at a traffic light.

Please provide full answers to my original queries which provide clarification on the points raised above.

For the avoidance of doubt, I dispute the alleged charge and the following points will be provided in support of my defence:

• VCS Ltd does not have a contract with or flowing from the landowner and therefore has no standing to issue charges in their own name.
• The vehicle stopped at Traffic Lights/Pedestrian/Zebra Crossing which was showing a red light. Stopping at a pedestrian crossing is required by UK law and is not parking.
• A driver cannot be held liable for the unexpected actions of an airport user whilst the vehicle was stopped at red Traffic Lights/Pedestrian Crossing.  
• Part B2 of VCS's Keeper At Date Of Event (KADOE) contract allows VCS to obtain data only for purposes related to trespassing, abandonment and parking charges, not for "stopping", and especially not for stopping  at a traffic lights/pedestrian crossing.  VCS are therefore in breach of contract.
• The term “No Stopping”, as written on the signs, is forbidding. The driver stopped as required at the traffic lights/pedestrian crossing, therefore their action was as required by the airport byelaws and the road traffic act. The driver cannot agree to a contract of no-stopping when the law requires them to do so.
• The Interpretation Act states that it shall apply to the interpretation of byelaws as if they apply to the interpretation of an Act of Parliament. The Road Traffic Act shall therefore apply to roads through the airport where a road traffic order does not apply as if such a traffic order did apply. Road traffic orders require motorists to stop at red traffic lights/pedestrian crossings.

Yours sincerely,

Spottydog65

Following your very helpful notes as I'm in the middle of the same with dcbl. I had an email from someone who 'claimed' to be a rep of Bristol airport (responding to my email to ontario techers) totally ignoring the info about the lack of VCS contract. They seem to be skirting that issue! Do you mind me asking how many responses you've now made to dcbL?

Fruitcake

Para 1. Did you receive a penalty charge notice, or a parking charge notice? You need to ensure you use the correct terminology, especially where legal documents are concerned.

Para 3. You mention both the BPA's Code of Practice, and the Code of Conduct. You need to be constant.

Imnotpaying

Thanks, once again @Fruitcake, for your help.  It was headed "Charge Notice" (CN) without further qualification, but both the text of the CN and the Basis of Claim in the LOC refer to parking, despite the fact that the "Reason for this Charge" in the CN is given as "104) STOPPING TO PICK UP/ DROP OFF IN A RESTRICTED ZONE". I believe their very evident lack of clarity on what is the basis for the Charge will help with my defence if (when) it gets to that stage. I will amend my email accordingly. 

Imnotpaying

Spottydog65 said:

Following your very helpful notes as I'm in the middle of the same with dcbl. I had an email from someone who 'claimed' to be a rep of Bristol airport (responding to my email to ontario techers) totally ignoring the info about the lack of VCS contract. They seem to be skirting that issue! Do you mind me asking how many responses you've now made to dcbL?

This will be the second.

Spottydog65

Not related to you case but I thought I'd just share with you that I've had another email back from Bristol airport from a person the lady tells me is the CEO - On further investigation with companies house he is listed as a 'business executive'/director.  Happy to share his comments about signage and his note about the 'suveylance vehicle' they use which he says apparently has 'traffic enforcement' on the side if you might find that useful/relevant?
Wondering if anyone has a photo of said vehicle? I might have to start a thread on that as I thought it said 'Road safety Unit' on the side.

I have to say I admire your calmness in dealing with these people. I'm finding it all quite stressy.

KeithP

This post by @Fruitcake has a picture of the 'road safety unit' van.

Lots of useful stuff in that post - well worth a thorough read.

Spottydog65

@KeithP that's the photo I'd looked at before. Coludn't recall whether it was Bristol though. So they are out and out lying then. Thank you!!