Newcastle Airport £60 charge from UK Parking patrol

Jessietodd

Hello, seen many different threads some saying ignore /appeal so hopefully someone can help. We got a £60 charge for "dropping off/picking up in a restricted area" Letter came through the post to registered keeper. I did appeal as suggested and UK Parking Patrol have come back today with this..Any advice greatly appreciated.

"
Dear Sir/Madam,



Thank you for your letter of appeal against the ParkingCharge Notice issued by us on#########

Having carefully considered the evidence provided by you wehave decided to reject your appeal for the following reasons:



The vehicle was captured via CCTV footage loading/unloadingin a restricted area. There are signs around the entire airport complexincluding at the entrance that clearly state the parking restrictions in place.Security at the airport is paramount and any vehicle captured loading orunloading in anywhere other than the official collection/drop off car park isissued a notice by the CCTV operator.
The vehicle was parked directly opposite the officialairport taxi car park, which is well signed with notices that at 600x600mm arelarger than the size the British Parking Association state we have to adhereto. To reach this area you have driven passed two no entry signs and signage onthe tarmac stating “No Unauthorised Access”.
When a driver parks in direct contravention to the parkingrestrictions and does not adhere to the warning signage they then enter into acontact with the landowner to pay a charge. The terms & conditions of thiscontract and all charges are clearly displayed on the signage. By stayingat the location the driver accepted all of the prevailing terms &conditions of the parking contract including the charges for breach of thatcontract.

Therefore you were in direct contravention to the parkingrestrictions at the site and the notice was correctly incurred.

You now have a number ofoptions:


1. Pay the Parking Charge Notice at the prevailing price of£60 within 14 days. Please note that after this time you will lose the chanceto pay the discounted rate and the full amount of £100 will become payable.
2. Make an appeal to POPLA- The Independent Appeals Serviceby visiting their website, completing the accompanying forms. Please be advised that if you opt for independent arbitration of your case and are unsuccessful, the full amount of£100 will become payable. If you opt to pay the parking charge you will beunable to appeal to POPLA. Your verification code is: ####################
3. If you choose to do nothing, we will seek to recover themonies owed to us via our debt recovery procedures and may proceed with Courtaction against you.

How to Pay:

YOU ARE REQUIRED TO PAY £60 WITHIN 14 DAYS FROM THE ISSUE OFTHIS CORRESPONDENCE. CHEQUES/POSTAL ORDERS SHOULD BE CROSSED AND MADE PAYABLETO:



The UK Parking Patrol Office and postedto: ParkingPatrol Collections

Office 309, Great Northern House

275 Deansgate, Manchester

M34EL

Redx

if you have a popla code included, check it using the checker in the NEWBIES sticky thread, then go to the popla appeals post in there and draft a suitable popla appeal in notepad, post it on here for checking , minus your personal info

if you dont have one , reply and demand one , then do as paragraph one above

Umkomaas

You make an appeal to POPLA - you've got the code, so now use it to get rid of this spurious invoice.

You need to read Coupon-mad's NEWBIES and Crabman's Parking Tickets stickies at the top of the forum index, and especially that part 'How to win at POPLA'.

Utilise an appeal template which reflects airport 'parking' tickets, and remember that 'telling your story', (mitigation) will be of no interest to anyone in this process and will not get your appeal upheld. So read the stickies and come back with any queries if anything isn't clear.

Post your draft appeal up here before sending to POPLA and we'll advise any amendments if necessary. Remember your opportunity to appeal to POPLA is strictly time-limited so don't miss the deadline.

As an aside I like the PPC comment in their reply to you.

Security at the airport is paramount and any vehicle captured loading orunloading in anywhere other than the official collection/drop off car park isissued a notice by the CCTV operator.

It's reassuring to know that suicide bombers will be issued with a PCN 14 days after their arrival in Paradise. Good to know the security of our airports is in such good hands and the deterrents available are so effective.

Jessietodd

Thanks for your help, can I send this template I found? I was just a passenger

Dear Con Men

PCN number xxxxxxx
As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,

Redx

that appears to be an appeal to the PPC , not popla

if you have a popla code, use a proper popla appeal now , which contains legal arguments in it (see 2) of your reply from the PPC)

da_rule

Short answer; no you can't. This is an appeal to the Parking Company and not suitable for POPLA.

Look at the 'How to win at POPLA' link in the third post of the Newbies sticky thread for POPLA templates.

martmonk

Someone else will provide confirmation on this but I believe that Newcastle airport bylaws mean that it's not relevant land http://www.newcastleairport.com/Media/about-your-airport/newcastle-airport-byelaws-2009-v2.pdf

If confirmed you should include the paragraph used in this thread https://forums.moneysavingexpert.com/discussion/4939792 substituting Newcastle for Liverpool obviously.

da_rule

If confirmed you should include the paragraph used in this thread https://forums.moneysavingexpert.com/discussion/4939792 substituting Newcastle for Liverpool obviously.

I would use the one suggested, making the amendments to the location and amending the name of the parking company. Also, remove the first topic about the dates being wrong. At the end of the day it will win because it covers 'no genuine pre-estimate of loss'.

Jessietodd

You guys are simply the best - sorry for all the questions just want to get it right first time, So will this be an acceptable appeal?

To whom it may concern:
POPLA

Re verification code xxxxxxxxxx

I wish to appeal against UK PARKING PATROL and their alleged incident xxxxx,based upon consideration of the following:

1) The amount demanded is a penalty and not a genuine pre-estimate ofloss.
2) This was not Relevant Land as defined under POFA 2012; no registered keeperliability.
3) UK PARKING PATROL are not the landowner and do not have the standing tooffer contracts nor to bring a claim for trespass.
4) No contract with driver




1) The amount demanded is a penalty and not a genuine pre-estimate of loss.
The parking charge does not represent a genuine pre-estimate of loss andtherefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations1999. Parking charges cannot include business costs which would occur whetheror not the alleged contravention took place. The amount claimed is excessiveand is being enforced as a penalty for allegedly stopping.

The BPA Code of Practice states:

“19.5 If the parking charge that the driver is being asked to pay is for abreach of contract or act of trespass, this charge must be based on the genuinepre-estimate of loss that you suffer.

19.6 If your parking charge is based upon a contractually agreed sum,thatcharge cannot be punitive or unreasonable."

POPLA Assessor Matthew Shaw has stated that the entirety of the parking chargemust be a genuine pre-estimate of loss in order to be enforceable. For example,were no breach to have occurred, then the cost of parking enforcement,such aserecting signage, would still have been the same. The estimate must be basedupon loss flowing from a breach of the parking terms, and in this instancethere was no such loss. As UK PARKING PATROL are alleging a 'failure to comply'yet cannot show this is a genuine pre-estimate of loss, they have breached theBPA Code of Practice, which renders this charge excessive and unenforceable.

2) This was not Relevant Land as defined under POFA 2012; no registeredkeeper liability.
The driver has not been identified, yet UK PARKING PATROL are claiming POFA2012 registered keeper liability for this charge. The registered keeper is notliable for this charge as Newcastle Airport is designated as an airport by theSecretary of State and therefore roads within the airport are subject toairport bylaws and so POFA 2012 does not apply. I put theOperator to strict proof otherwise if they disagree with this point and wouldrequire them to show evidence including documentary proof from the AirportAuthority that this land is not already covered by bylaws.

3) No landowner contract nor legal standing to form contracts or chargedrivers
UK PARKING PATROL are not the owners of this land and as such they cannotform a contract with the driver, I wish UK PARKING PATROL to provide me with afull un-redacted copy of their contract with the landowner which allows them toform such a contract. A witness statement as to the existence of such acontract is not sufficient. I believe there is no contract with the landownerthat gives UK PARKING PATROL the legal standing to levy these charges norpursue them in the courts in their own name as creditor. This was shown to bethe case by District Judge McIlwaine in UK PARKING PATROL v Ibbotson, Case No1SE09849 16.5.2012 (transcript in the public domain). So as regards the strictrequirements regarding the scope and wording of landowner contracts, UK PARKINGPATROL have breached the BPA Code of Practice section 7 and failed todemonstrate their legal standing, which renders this charge unenforceable.

4) No contract with driver.
If a contract is to be formed, upon entering the site a driver must be ableto read, understand and agree to the terms and conditions. A driver could notstop in order to read the signs as they enter the road as then by doing so theywould block the junction. In any case, as UK PARKING PATROL are only an agentworking for the owner, mere signs do not help them to form a contract. UKPARKING PATROL -v-HMRC 2012 is the binding decision in the Upper Chamber whichcovers this issue with compelling statements of fact about this sort ofbusiness model. In this instance, there was no contract formed whatsoever.

Umkomaas

WHOAAAA fella.

Have you just done a 'Find & Replace' substituting VCS with UK PARKING CONTROL?

This was shown to bethe case by District Judge McIlwaine in UK PARKING PATROL v Ibbotson, Case No1SE09849 16.5.2012 (transcript in the public domain).

Have you read and understood the above case you are quoting? I somehow doubt it as this was VCS -v- Ibbotson.

And the same with this

UKPARKING PATROL -v-HMRC 2012 is the binding decision in the Upper Chamber whichcovers this issue with compelling statements of fact about this sort ofbusiness model. In this instance, there was no contract formed whatsoever.

Jeez, you really have to be very careful with 'case-law'-type stuff.

BenefitMaster

Jessietodd wrote: »

You guys are simply the best - sorry for all the questions just want to get it right first time, So will this be an acceptable appeal?

Based on POPLA 6060344057 you only need to rely on "Relevant Land" and prove the bylaws.

http://parking-prankster.blogspot.co.uk/2014/03/popla-decree-parkingeye-are-incorrectly.html