UK Parking Patrol Office Ltd Newcastle Airport

keithlml

Hello
I got a PCN fromUK Parking Patrol Office Ltd at Newcastle Airport for stopping briefly on Double Yellow Lines on the outskirts of the Airport.
The PCN shows two photographs 2 seconds apart of someone getting into my car. Vehicle was stopped for no more than 20 seconds. Pick up only not a parking issue.
I have accessed the Newbie thread and used the template there being careful not to admit who was driving and emailed it off
The PCN did not offer any PoPLa option as I have read about on the forum .

I have received the following reply :-

UK Parking Patrol
Department 309,
Great Northern House,
275 Deansgate
Manchester
M3 4EL

Penalty Charge Number: ////////

Vehicle Registration Number: /////////

Dear Sir/Madam,

Thank you for your letter of appeal against the Penalty Charge Notice issued by us on 26.08.2015
Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:

The vehicle was captured via CCTV footage loading/unloading in a restricted area whilst stationary, causing an obstruction to the lane and in clear view of a warning sign stating: “No Stopping/Loading/Unloading In This Area”. There are signs around the entire airport complex including at the entrance that clearly state the parking restrictions in place. Security at the airport is paramount and any vehicle captured loading or unloading in anywhere other than the official collection/drop off car parks is issued with a penalty by the CCTV operator.

The charge is not issued under contract law and is not an attempt to recover damages for breaching a contract. The charge is an alternative to prosecution in the Magistrates Court for breaching the byelaws. As a result of the charge being permitted under the byelaws Genuine Pre-estimate of loss is not a consideration which is relevant.

We are in possession of a signed agreement with the landowner. We are unable to supply you with a copy of this agreement due to Data Protection but a copy will be produced should the case go to court.

The land is subject to byelaws, to which we are contracted to enforce. The penalty was issued under these byelaws and not contract law, therefore the Protection of Freedom Act does not apply and the registered keeper is held liable.

Therefore the penalty was correctly incurred.

You now have two options:

1. Pay the Penalty Charge Notice at the prevailing price of £60 within 14 days. Please note that after this time you will lose the chance to pay the discounted rate and the full amount of £100 will become payable.

2. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

How to Pay:
YOU ARE REQUIRED TO PAY £60 WITHIN 14 DAYS FROM THE ISSUE OF THIS CORRESPONDENCE. CHEQUES/POSTAL ORDERS SHOULD BE CROSSED AND MADE PAYABLE TO:

The UK Parking Patrol Office and posted to:
Parking Patrol Collections
Office 309, Great Northern House
275 Deansgate, Manchester
M3 4EL

Alternatively you can pay online at (REMOVED LINK)

I would very much appreciate any help on the next step I can take to get rid of this.

Thanks in anticipation

keithlml

ManxRed

Pay us and we won't prosecute you?

Bribery.

The Land is Subjected to Bylaws?

Erm no, they're subject to Road Traffic Enactments.


So, where's the details on how to submit an appeal to an independent appeals body as per the BPA AOS Code of Practice?

Submit an official complaint, along with a copy of that letter to the BPA Ltd, stating that UKPPO are in breach of the AOS Code of Practice by failing to offer an independent appeals process. Ask them what sanctions they will be applying for this breach.

Ignore UKPPO for now.

The_Slithy_Tove

There are a number of threads about Newcastle on Pepipoo. Here are a couple:
http://www.pepipoo.com/forums/lofiversion/index.php/t100073.html
http://www.pepipoo.com/forums/lofiversion/index.php/t100272.html
http://www.pepipoo.com/forums/lofiversion/index.php/t95932.html

UKPPO are not in a position to offer to accept a bribe in lieu of prosection under Byelaws. Neither can they issue Penalties (read the Byelaws). They are also not a trading company, so cannot issue invoices. And there's an awful lot more wrong with this.

In short, they (and by association Newcastle Airport) are guilty of all sorts of things, and are deliberately using confusing terms and language to blur the line between paying a private company some money and a Penalty charge.

bazster

Wot Manx said.

Herzlos

These 2 statements conflict with each other:

The charge is an alternative to prosecution in the Magistrates Court for breaching the byelaws.

and

2. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

If it's an alternative to a prosecution under bylaws, failing to pay up would result in a prosecution under the bylaws. There can't be any debt collection because there's no debt. They are trying to claim that the GPEOL doesn't apply because it's a bylaw whilst still trying to claim it's a debt you owe them. It must be one or the other.

I'd respond to their letter telling them you reject the offer to pay to avoid prosecution, and await the prosecution (none will happen - the byelaws don't actually apply, and cannot implicate the keeper).
At the same time I'd complain to the BPA, DVLA, Airport, local Police and your MP about this fraudulent claim (because that's what it is; an attempt to gain money by deception).

bazster

Herzlos wrote: »

At the same time I'd complain to the BPA, DVLA, Airport, local Police and your MP about this fraudulent claim (because that's what it is; an attempt to gain money by deception).

What Herzlos said.

On this thread you will find chapter-and-verse on why this is fraudulent, including references to the relevant legislation:

https://forums.moneysavingexpert.com/discussion/5219883

keithlml

Hello

As per advice I have sent emails to BPA (info@britishparking.co.uk) hope correct email address only one on website? Also to DVLA and received an automatic electronically generated response as to why they legally allow driver details to be sold and my MP.

What happens now? I have about 10 days before UKPPO say I am now liable for £100 fine

keithlml

The_Deep

At the same time I'd complain to the BPA, DVLA, Airport, local Police and your MP about this fraudulent claim (because that's what it is; an attempt to gain money by deception

and, most importantly, Trading Standards, but only in writing.

keithlml

Just received this very prompt reply from the BPA

RE: UK Parking Patrol Office Ltd Newcastle Airport

BPA-Info
To KEITH


Good afternoon

Please appeal in writing to the operator following the appeals procedure on the parking charge notice. We recommend you do so within 28 days of the ticket issue and send by recorded delivery as proof of receipt. If the operator rejects your appeal you will be given the opportunity to appeal further to POPLA, the independent appeals service.

Most airports are no stopping, waiting etc. at any time – if this was the case you would have been issued with a parking charge notice.

The Approved Operator Scheme (AOS) and its Code of Practice was developed by the BPA to bring a degree of regulation to an industry without primary legislation. Regrettably as we are not a regulatory authority, we are not empowered to become involved in individual disputes between the motorist and the car park operator and have no authority to overturn an operator’s decision. Therefore, any action regarding your individual circumstances are out of our control and should be directed to the operator.

As a membership association and not a regulatory body we cannot recall charges progressed to a debt collection and have no power to intervene in the appeals procedure with either the operator or POPLA and cannot request an operator to cancel, refund or recall any parking charge notices referred to a debt collection agency.

We can however investigate evidence of a possible breach of any of the points raised in the Code of Practice.

The private parking landscape significantly improved for motorists who had received a PCN and felt that it had been issued inappropriately issued on 1st October 2012 when the BPA launched POPLA (Parking on Private Land Appeals) in England and Wales – a service that gave the motorist the chance to have their case independently heard by suitably qualified assessors after having their initial representations to the parking operator rejected. POPLA is free to the motorist, fully funded by the private parking sector and its decisions are binding on the operator but not on the motorist. Since the arrival of POPLA over 35,000 motorists have had their appeal independently assessed and at no cost to them.

Yours sincerely
AOS Investigations Team
British Parking Association
Email:
Web:


I have emailed BPA back stating that the original correspondence I had sent to THEM was in fact a reply to my appeal and that at no time) on the PCN or in their reply did UKPPO offer any form of POPLA
I will await reply?

What do you think?

keithlml

keithlml

Once again a very quick reply from BPA

Please see below..

---

RE: UK Parking Patrol Office Ltd Newcastle Airport

AOS
To KEITH

Good afternoon

Apologies – this was a penalty charge notice (issued on public land under byelaws) this was not a parking charge notice (issued under private land). We are not involved in any penalty notices as this is covered by Byelaws which negates our Code of Practice. Therefore POPLA would not be applicable.

We are not a legal entity nor a regulatory body. You may wish to seek advice from the Traffic Penalty Tribunal (TPT) (link removed ) with regard to this matter, as they deal with restricted parking zones on public highways etc. in England and Wales outside of the London area.


Yours sincerely
AOS Investigations Team
British Parking Association
Email:
Web:


What are my options now ?

Yours in hope

keithlml

ManxRed

Point out that they obtained Registered Keeper data under the auspices of belonging to the BPA and adhering to the Code of Practice. Can the BPA please confirm that if UKPPO are acting outside of this regime, that they are not permitted to access Registered Keeper data in relation to Penalty Charge Notices?