Towed at the drop off at Luton airport

blah554

Coupon-mad wrote: »

No person or company can legally issue penalties! :rotfl:

Am getting my thesaurus out. Let's see if I can get 3 for 3 wrong

neffa

Hello blah554 - I have used the same parking area to drop of a relative on countless occasions over the last few years.
I did so again around 6.30 last night and experienced precisely the same treatment as that of your wife.
From what I witnessed we are certainly not alone in this.
I am pretty certain that Airport bylaws allow the operator to manage parking as they wish.
Having said that my overriding issue is with the signage. I saw some relatively small and poorly visible dark blue signs fixed some ten or fifteen feet up a metal pole. When I asked the male purporting to be in charge of the towing operation to point it out to me he had to illuminate it with his torch, in order for it to be read.
There were also some larger portable signs strategically placed at the far end of the car park with one or two of them placed slightly more centrally.The vast majority of people would have parked and left their vehicle before they saw any clear warning sign. There should have been clear warnings on the approach to the car park and at the entrance in the same way that the 'luminous' pricing changes were shown.
It seemed to me that to all intents and purposes I had been lured into a trap.
I use the airport frequently and am staggered that the operator considers it acceptable customer relations to employ these individuals to use these tactics.
Quite simply had they made it properly clear that I could not leave my vehicle, then I would not have done so and am sure that your wife and any other unfortunates would have done the same.
I'd be interested to hear how this is progressing for you. I have learned one very interesting fact regarding the towing outfit which I don't want to disclose on this open forum.

RENEGADE_2

There are no "airport byelaws", there are certain laws that pertain to airports but none of those actually approve the cowboy action of PPCs - it all looks to me like a breach of POFA and the police simply do not act. Signage nothing. Towing was never above board even before October, it was merely a matter of rife police ignorance that allowed the practice.

To Blah554, Coupon-mad is 100% right, there is no such thing in this legislation as "reasonable penalty". It is not the task of a private enterprise to set punitive measures and for them to seek so much as one penny over and above losses resulting from a motorist's action must be explained in court. That is how the system works.

Sirdan

"There are no "airport byelaws","

I'm sure what you meant to say was "there are no relevant airport byelaws"

Aretnap

Coupon-mad wrote: »

No person or company can legally issue penalties! :rotfl:

Train operating companies?

peter_the_piper

http://www.bbc.co.uk/news/uk-england-20309090

Post 24 is useful.

jean232

Hi all,

I am sorry for the delay in replying. I have been trying to get hold of the "person who deals with the appeals" as I have been told by endeavour vehicles but in vain. I have not received any reply to my appeal as yet and it has been 28 days.

I have read all your useful comments and will liaise with Blah554 and Neffa to find the appropriate measures.

I have contacted the BPA by phone and email who refused to give any information as Endeavour vehicles is not a registered member although APCOA is.

As a starting point, I will send another email stating the fact that I have not received a confirmation of receipt of the appeal which already exceeded 14 days and stating why I believe there has been a breach of my rights.

I will also write to the BBC Watchdog explaining the situation and asking for a legal advice and information.

I will also contact POPLA to check whether or not this case could be appealed with them.

I would recommend watching the episode 4 from BBC watchdog as it does mention private land parking fines.

Thank you again for your replies.

trisontana

Naughty! you have used the "f" word.

jean232

I have finally received a reply from their side after yesterday's email. they stated:

I write further to your recent email.

By your lack of reference I assume you accept that you left your car unattended and decided either negligently or wilfully ignored the 54 signs explaining that unattended vehicles would be removed and further a fee of £180 would be charged should our services be required to remove your vehicle.

You are indeed well advised that the Freedom Act did in fact ban towing and clamping on private land. You are again wisely informed that it is still permitted when the operator has lawful authority. Lawful authority is provided to thoseoperating at, inter alia, airports, ports, certain strategic river crossings and certain railway stations.

The Road Traffic Act does not apply as you are on private land and the fees are contractual.

The fee charged is indeed proportionate. It is a fair estimate of the costs of employing our services. Further, I would rely on the Prescribed Sums Regulation 1977 (as amended). These are the fees charged by the police, DVLA and local authorities and for your clarification they are £150 if a car is removed from the road and £200 if the vehicle is off the road when removed. Your vehicle being in the Drop Off Zone was off road.

You make reference to our qualifications. Indeed we were authorised by the Security Industry Authority.This is no longer required.



Please let me know your thoughts and what measures could be taken as I do believe I have to re-appeal formally this time.

Thank you

Sirdan

Lawful authority is provided to thoseoperating at, inter alia, airports, ports, certain strategic river crossings and certain railway stations.

Only if there is some enabling legislation such as a byelaw.

The Road Traffic Act does not apply as you are on private land and the fees are contractual.

Confirmation that they are indeed towing unlawfully unless there is some other legislation which they can rely on --there isn't.!
This makes the fees themselves wholly unlawful as you can not contractually agree to pay a fee for an unlawful act !!

Further, I would rely on the Prescribed Sums Regulation 1977 (as amended).

Nonsense this applies to vehicles lawfully removed under Road Traffic Act / Regulations which they have already freely admitted do not apply .

You need to show you will not give in and send the towing company and London Luton Airport Ltd a Notice Before Action claiming damages in the amount of the fees plus a reasonable amount of expenses.
One letter only and then if they do not settle you need to issue a claim in the County Court .

I'm sure more expierenced posters will be along to help with the NBA and if necessary claim. (Renegade / Alexis / HO87 are good at this stuff ).

You don't need a solicitor to do this it is relatively straight forward .

As I see their whole defence thus far is "airports can tow because we say we can " not up to much is it ?

In the NBA it may be worth reminding them that although you are making a civil claim towing without lawful authority is actually a CRIMINAL offence.

The BPA actually say something useful for once on this :-
T

."Lawful authority’ applies in cases where specific legislation is in force which allows for vehicles to be immobilised or removed. There are obvious examples such as the public roads, where Road Traffic Regulations could apply, and those statutory authorities that retain the ability to clamp such as the police and DVLA (and their agents).
However, there are also parking areas where particular by-laws have been created that provide for parking enforcement. A good example of this is some railway station car parks. Under the Railways Act 2005, the Secretary of State made Railway by-laws which allow for vehicles to be immobilised or removed in certain circumstances.
There are many other organisations and public bodies which can establish ‘lawful authority’ through Acts of Parliament and local by-laws and these include airports, ports and harbours, strategic river crossings as well as some common land. Any terms and conditions imposed by a landowner do not normally in themselves establish lawful authority."
(http://www.britishparking.co.uk/Protection-of-Freedoms-Act-Clamping-and-towing-ban)

When I got fobbed off by Luton Airport on this subject I emailed asking what specific legislation enabled them to tow ...that was on 5th November ..so far no reply ...makes me think they know fine well there isn't any !!

Don't give up good luck !!!