Yet another Parking Notice Charge at Doncaster Airport

Redx

if in doubt , warn off , then IGNORE anything except a court claim

this isnt really suprising as they were always going to harass you for 6 years regardless

the only possible outcomes are

you pay in full

they take you to court

it times out after 6 years

Coupon-mad

Either hoohoo's version (with CSE corrected to CSA at the end) or Gan's version or a mix of the two - see the pepipoo links on that other thread. Purely because BW Legal are a new kid on the block and a response looks better than ignoring it if the matter should proceed to a small claim in the end.

And it does no harm as long as the keeper writes, not the driver; this isn't a letter of excuses nor an appeal, it's a response to show the letter has not been ignored but that the recipient is not a victim.

Giant_Hogweed

Thanks RedX and Coupon Mad, last bit of thinking.


Do I bother to add the points I've listed ? Especially the point about naming my brother in law as driver and that this continuation of threatening letters is tantamount to harassment?


Or shall I keep my powder dry on those points just in case they try court ? (I've got all the letters filed ready for that possibility).

Coupon-mad

Do not name the driver because this is Airport land, comes under byelaws and the keeper cannot be held liable as it is not 'relevant land' under the POFA 2012. So I would not hand them the name and address of a person they 'could' hold liable.

I would however, say you were not driving, that you will sign a witness statement to confirm as much and will defend the matter robustly and claim your costs (as the wrong party, not liable in law) if they issue proceedings...mention the POFA and 'relevant land' and byelaws.

Giant_Hogweed

Coupon-mad wrote: »

Do not name the driver because this is Airport land, comes under byelaws and the keeper cannot be held liable as it is not 'relevant land' under the POFA 2012. So I would not hand them the name and address of a person they 'could' hold liable.

I would however, say you were not driving, that you will sign a witness statement to confirm as much and will defend the matter robustly and claim your costs (as the wrong party, not liable in law) if they issue proceedings...mention the POFA and 'relevant land' and byelaws.

But I have already named him, I sent his details a few months ago to both ZZPS and Wright Hassall (as VCS had stated they would no longer deal with me on this matter and all correspondence should go to ZZPS, so it did).
He was over for a visit.
He lives in the Philippines............

Giant_Hogweed

So do I point this out to bw legal or shall I wait and see if they push any further?


(Just shows how much notice they take of any of the letters people send them though, and how much dialogue there is between VCS, ZZPS and their eviller twin WH !)

Coupon-mad

Oh, OK, then yes, tell them you are only the registered keeper and you discharged any potential liability months ago by supplying the name and address of the driver who lives in the Phillipines. But in any case, the POFA 2012 does not apply on land controlled by byelaws such as an airport so even if you had not named the driver you are still not liable in law.

Be very assertive, no please or thankyou, this is not an appeal. This is you (a person who CANNOT be held liable) being harassed and threatened about a charge and harassment is a civil and criminal offence and actionable - i.e. you could sue them. You need to respond like a rottweiler to this pathetic series of threats.

Giant_Hogweed

OK will do, I only reluctantly named him on the advice of Umkomaas and the letter is post no 86 on this thread.


If I'd known and understood more about POFA 2012 and me as RK not being liable on airport land I don't think I'd have bothered naming him (although like I've said, he's not coming back now so they'll never be able to chase him). It's just not my area of expertise (and that is a massive understatement).


I have one question that no one seems to know the answer to though-does the airport own the land the approach road is on? Its an open road, I could drive down there anytime, there's no restriction. There is even a housing estate currently being built just off this road which can only be accessed by driving part way along it.
Surely that means at any time the airport could shut the access road off denying the new residents access to their homes?


Anyone know the answer?

Coupon-mad

Sorry I don't, you'd need to make a Land Registry Enquiry.

And Umkomaas' advice was sound as the driver lives in the Phillipines, it's as good as being the keeper. Neither are touchable and if VCS actually tried a small claim you could show that you can't be held liable.

Giant_Hogweed

Thank you all once again, e mail will be on its way tonight :-)