Free Traffic Legal Advice

hi all,

We're being pursued by VCS for 'stopping to collect a passenger' at Bristol Airport, despite the passenger entering the vehicle while the vehicle was stationary at a temporary red traffic light. The light was red the entire time that the passenger was embarking.

Foolishly, we have identified the driver to VCS as this seemed an open and shut case and didn't realise that the appeals process is a kangaroo court. We have gone through the full appeals process and it has been denied at every point (both with VCS and with the IAS).

We're now being pursued by DCBL for £170 (increased from £100).

Formal complaints have been made to Bristol Airport, to VCS (who have not replied to the complaint) and to the DVLA, who advised us that the only recourse is to appeal to the IAS, a process that we had already exhausted.

Letters and appeal details available here: https://imgur.com/a/Utrmx2w

We've confirmed via a SAR that the photos included in the charge notice are ALL images that they have of the vehicle.

Any advice on how best to proceed here would be much appreciated. I only stumbled on this site today and see that you've been able to provide invaluable assistance to others, so holding out hope that we don't have to stump up for this injustice.

Naivety. It seemed a mistake on their part to be pursuing something so obviously cut and dry, so we contacted them to notify them of their embarrassing misunderstanding.

We appreciate what a mistake that was, but still hope the case is redeemable.

A difficulty might possibly be "she just got in" and any defence might need to rest on other points.

Your only real option is to wait for a court claim and defend that. Cost of loss would be about £220. You don't get a ccj provided an adverse judgement is paid in time.

The contract is not to stop. However after that point there is a roundabout, a number of currently closed turning to the right for various non functional parking (including the short stay arrivals) 
and a pedestrian crossing below the terminal, a left turn into the drop off and the variable location of the constantly moving temporary lights.

Stopping under those circumstances - the normal course of traffic - cannot reasonably be a contravention.

A passenger jumping in coincidentally doesn't change the reason for the stop.

There is also a slim chance it occurred on a part of the roadway not under vcs control.

There is however a credibility issue. There is little reason that would put a potential passenger and the vehicle collecting them  coincidentally at the same place.

Where, exactly, were the temporary lights.

I'm also concerned about proving this coincidence was exactly that.

See what others think, but you might be better off not spending too much time trying to prove that. What you don't want is for the judge to think you're taking the p*** or trying to insult their intelligence.

Your other defence points can hopefully stand on their own, regardless of the reason for the passenger being at the location. One of the points will presumably be that the signage is forbidding (a sign that says 'no stopping' 'no drop off/pick up' is not making an offer to stop/park on certain terms, so what contract can be formed?). Another will presumably be that even if a contract had been formed, the terms were impossible to comply with due to the presence of traffic lights forcing you to stop.

No “contract” was breached. You are apparently under the assumption that VCS are some kind of “authority” that can issue a “fine” or a “penalty” for an “offence”. It is nothing of the sort.

It is an alleged breach of contract by the driver. What “contract” do you think was in place? Where did you agree not to “pick up or drop off in a restricted zone”? Do the signs where the vehicle was stopped specifically state “no pick up or drop off” or do they say “stopping prohibited” or both?

Either way, there is no contractual offer of any kind. VCS are pursuing the keeper under the assumption that they were the driver (not allowed due no keeper liability) for a contractual breach which is an impossibility because for a contract to exist, there needs to be an “offer”, “acceptance” and “consideration”. A sign prohibiting something makes no “offer” and there is no “consideration”, so what was “accepted”.

Finally, there is the fact that a driver is not responsible for the actions of another adult. The vehicle was stopped at a red traffic light, which is a legal requirement, and the driver is obligated to stop.

While stationary at a red light, the driver is fulfilling a legal obligation under traffic regulations (airport bylaws in this case). The pedestrian's decision to enter the vehicle while it is stopped at a traffic light is an independent action of an adult. The driver is not responsible for the actions of the pedestrian who chooses to enter the vehicle at that time. Additionally, the notion of picking up or dropping off in a prohibited area typically implies a deliberate action rather than a consequence of following traffic signals.

There is ample defence argument to have VCS spanked in court should they actually issue a claim.

Remember, you do not have to prove anything. The burden of proof is on the claimant. You do not have to prove that it was a “coincidence”. The claimant would have to prove that the keeper was also the driver and that they breached a contractual term on a sign. That’s it. They can’t.

There are actually 2 crossings, and I have just seen the notice (it failed for some reason the first time).

Both have signage on the railings saying no loading amongst other things.

You are at the second one it seems, but going out of the airport. In order to get there you would have gone past the short stay/arrivals car park turning (which you would have done of course since it's closed), gone to the next small roundabout, ignored/missed the left turn for the arrivals/pickup and gone fully round it to get back to that crossing.

Meanwhile your passenger would have missed the signage to the pick up pointing them left from the terminal. Missed the signage and visible buses to the right and instead headed over the road towards the terminal long term, hotels and coach station.

So you both got a bit lost at exactly the same time and your passenger fortuitously jumped in.

Your burden in court is proving that is how events unfolded on the balance of probability.

The other avenues might be better.

You are at the second one it seems, but going out of the airport. In order to get there you would have gone past the short stay/arrivals car park turning (which you would have done of course since it's closed), gone to the next small roundabout, ignored/missed the left turn for the arrivals/pickup and gone fully round it to get back to that crossing.

I am actually heading towards the car park. I was driving to the pickup area, red traffic lights, passenger jumped in, green light, moved away, around the roundabout and then out of the airport.

I am actually heading towards the car park. I was driving to the pickup area.

My mistake, it was hard to tell from the dark photos.