Bristol Airport stopping where prohibited Options

[Pete P]

Just as my last PPC saga comes to an end, a new one begins.

Someone driving my vehicle recently dropped off a passenger at Bristol airport, they were looking for a place to stop with a line of traffic behind them, but there are double red lines everywhere as they want you to use the designated drop-off car park. The driver pulled into a gap to the side of the road the entrance to some sort of restricted area but noticed a sign saying "authorised vehicles only". The vehicle was now off the main road so not obstructing traffic and the driver didn't want to enter the restricted area so they knew they would have to reverse out anyway, there was a line of cars passing preventing them from reversing out so the passenger decided to alight there.

As he was doing so a parking control car with a camera on the roof stopped in the middle of the road blocking all the traffic to take photos of my vehicle.

I have now received the notice to keeper from VCS.

As far the driver can remember there was not a sign where they stopped saying "no stopping", and no double red lines in the entrance to that restricted area.





This post has been edited by Pete P: Sun, 26 Jan 2020 - 21:48

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[ostell]

Dates? Byelaw land? Signs ?

Failed to give warning 9 (2) (f) in the correct format.

Were there red lines where the car stopped?

This post has been edited by ostell: Sun, 26 Jan 2020 - 17:23

[Pete P]

Sorry the NTK issue date is 8 days after the contravention, received in post 2 or 3 days afterwards.

I think there are bylaws in operation on the airport however I'm not sure they cover stopping/parking.

The location the vehicle stopped is here in the entrance to some sort of delivery area: https://www.google.com/maps/@51.3862512,-2....3312!8i6656

The driver does not recall there being any signs there other than the authorised vehicles only one

This post has been edited by Pete P: Sun, 26 Jan 2020 - 20:56

[ostell]

So where exactly was the car, can you show the pictures?

The point about byelaws is that they cannot transfer liability to the keeper.

[Pete P]

I would rather not show the pictures in case they are monitoring these forums.

The vehicle was stopped facing into the restricted area with the rear wheels approximately in line with the gate. It was well clear of the road, at least 1 metre off

This post has been edited by Pete P: Sun, 26 Jan 2020 - 21:20

[ostell]

So the car was well behind the red lines and therefore not a no stopping zone. Indeed this was a single yellow area which does not preclude stopping or waiting. As there are no signs about the yellows then they cannot be considered active anyway

[Pete P]

OK, should I fire off an appeal with that, wait for the rejection, and then do the same appeal to the IPC?

[ostell]

Yes appeal. Your first point is that you, as the keeper, cannot be held liable for the actions of the driver as this is is not relevant land for the purpose of POFA.

Even if it were relevant land their photos show that the driver was parked away from any double red lines, indeedcwas on improperly marked single yellows.

Even if properly configured it is permitted to stop on single yellows.


I'm sure you can thi k of other items.

Post up here for critique before sending

[Pete P]

Yes appeal. Your first point is that you, as the keeper, cannot be held liable for the actions of the driver as this is is not relevant land for the purpose of POFA.

OK I am just reading the POFA

(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—
(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b)a parking place which is provided or controlled by a traffic authority;
©any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

I am correct in thinking (1)(a) applies here?

[Half_way]

1:C any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

the land is covered by by-laws ( statutory control)

[Pete P]

Thank you. I'll try drafting something up tomorrow

[Pete P]

Dear VCS

I, Pete P, contest my liability for your parking charge notice <pcn number> issued on <date> for my vehicle <reg> on the following grounds:

Firstly, as you are probably aware, the alleged event occurred within the grounds of Bristol Airport, land which is covered by byelaws and therefore not classed as "relevant land" under section (1)© of schedule 4 of the Protection of Freedoms Act 2012. Thus, keeper liability does not apply, and you have offered no evidence as to who was driving the vehicle at the time of the event.

Secondly, you state the contravention is "stopping in a zone where stopping is prohibited". The images you have provided show my vehicle stopped in an area in which there is no obvious signage to suggest that stopping is prohibited. The vehicle is well clear of the road, the double red lines which run along it, the pavement, and the crossing area between the pavements. I note the presence of a single yellow line starting from the gate and entering into the service yard; although these are improperly marked, it is nonetheless permitted to stop on a single yellow line.

Regards
Pete P

Any good?

This post has been edited by Pete P: Tue, 28 Jan 2020 - 15:30

[nosferatu1001]

Seems ok.

[The Rookie]

not classed as "relevant land" under section (1)© of schedule 4 of the Protection of Freedoms Act 2012

[Pete P]

Thanks for the replies. Will submit the appeal later today

[nosferatu1001]

Not seen a VCS NtK ina while but
Last I saw, they dont even try to claim Keeper liability. They just "assume the keeper was the driver".

[Pete P]

An update on this: VCS replied to my appeal suggesting that my only two options are to either give them the full name and address of the driver, or to pay the PCN.

I politely informed them that I would be doing neither.

[nosferatu1001]

Can you post up a copy of the NtK? Pretty sure they quote the period incorrectly.

[Pete P]

Can you post up a copy of the NtK? Pretty sure they quote the period incorrectly.

It's in the first post although heavily redacted. What information do you want to know? I can PM you

[Pete P]

Update:

VCS have replied to my reply stating:

Bristol Airport is private property and in fact there are no bye-laws in operation. This is contrary to Bristol Airport's own website: https://www.bristolairport.co.uk/about-us/w...re/our-policies

They also comment on how their signage "exceeds industry standards" and how there are signs everywhere, yet have failed to acknowledge there are no signs in the area where my vehicle was stopped.

They then threaten to pursue the keeper under schedule 4.

This post has been edited by Pete P: Sat, 15 Feb 2020 - 19:23