Free Traffic Legal Advice

I have deleted those images - it may be wise to redact your full name, home address and PCN number from them before uploading to a public forum.

Once you re-upload we can advise on an appeal. It will almost certainly be rejected, and the IAS will likewise prove useless, but you'll have a much stronger chance if they try to escalate to court.

Thanks now edited.

Likely to fail?! what was I supposed to do smash through the barrier?!

Also what is IAS btw??

The Independent Appeals Service, by name but not in reality, https://theias.org/appeal. If you research this forum you will find that it upholds 4% of appeals.

You will also find the normal appeal recommended for VCS at Bristol Airport, for example if you search for “VCS Bristol”. It won’t be accepted but it sets out your stall for the process you must follow.

What is “btw”, by the way?

This will end when the claim that is issued is either discontinued or struck out. However you will need to follow the advice.

For now, simply follow this advice:

There is no legal obligation on the known keeper (the recipient of the Charge Notice to Keeper (CNtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The operator cannot rely on PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

I am the registered keeper. VCS cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, VCS will be well aware that they cannot use the PoFA provisions because Bristol Airport is not 'relevant land'.

If Bristol Airport wanted to hold owners or keepers liable under Airport Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because VCS is not the Airport owner and your 'Charge Notice' is not and never attempts to be a penalty. It is created for VCS's own profit (as opposed to a bylaws penalty that goes to the public purse) and VCS has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your CNtK can only hold the driver liable. VCS have no hope should you try to litigate this matter, so you are urged to save us both a complete waste of time and cancel the PCN.

Stop trying to overthink this. VCS are after your money. You're either low-hanging fruit on the gullible tree who is going to pay up out of ignorance and fear or you are going to fight it and not pay penny to VCS if you follow the advice. Your choice.