NCL airport

Coupon-mad

Yep, one of your appeal points at POPLA will be the lie they told in the rejection letter. Plus any other BPA CoP omissions and deadlines missed, etc.

Then you can add a paragraph that you contend that this is not 'private land' as defined by the Protection of Freedoms Act 2012, therefore there is no keeper liability. It's an Airport road and this Airport is known to have Byelaws (in fact I think this might be the Airport where they have a Byelaw allowing clamping/towing, unusually!!). So you can put the PPC to strict proof to POPLA (with NCL Airport Authority maps and Byelaw information being needed) that this particular Airport Road is not covered by Statute or Byelaw and is 'relevant land' (as defined in Schedule 4 paragraph 3) because you say you believe it is not 'relevant land' at all.

Then add all the usual stuff for a good POPLA appeal (bad signage, unenforceable penalty, no contract, no legal status/ownership, no estimate of loss, etc.) as per the links in this thread, post #15:

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

HTH, let's see your draft POPLA appeal if you want us to fine tune it. Write the whole thing as the registered keeper (no implying who was driving).

Fatlad

Will i need to go up there and take pictures?

bazster

Fatlad wrote: »

Will i need to go up there and take pictures?

Nah. One of your appeal points is that the signage is inadequate and can't possibly be read by someone driving on the airport roads (which is 100% true if it's anything like the airports I'm familiar with). Once you have made the point it becomes their problem to disprove it.

Guys_Dad

Fatlad wrote: »

Will i need to go up there and take pictures?

Anyone local who could help Fatlad's case with any photos?

Coupon-mad

Really don't think he needs them. The motorist needs no proof of any points raised - when such points are lodged as part of a POPLA appeal, as we know, the burden shifts to the PPC to prove otherwise.

Fatlad

Very kind offer on behalf of the forum, but i live reasonably locally, so i can go up myself if necessary.

Cheers

Fatlad

OK, i have drafted quite a long appeal. Do i post it here for folks to check out?

Fatlad

Deleted it just for now until i get a result

bazster

You need to clarify point 1 somewhat.

The operator sent a Notice to Keeper to the registered keeper of the vehicle, purporting to be issued in accordance with POFA 2012 Schedule 4. However, POFA 2012 Schedule 4 specifically concerns parking. The vehicle was not parked, it was merely stopped to allow a passenger to alight. Accordingly, POFA 2012 Schedule 4 is not applicable, hence there can be no keeper liability, and the Notice to Keeper is invalid and meaningless.

Also point 3:

The roads within the airport are subject to byelaws. Accordingly they fall outwith the scope of POFA 2012 Schedule 4, so again there is no keeper liability, and the Notice to Keeper is invalid and meaningless.

Also remove "knowingly" from point 5.

bazster

Oh, and another point:

The driver paid nothing and gave nothing to either the operator or the airport in return for entering or using the airport roads. Accordingly there was no consideration, and where there is no consideration there is no contract.