Newcastle Airport Fine

Redx

Usually there is only one LBC with the 30 days notice period plus they include the financial forms as well , the rest are normally debt collector letters and not a formal LBC

The SAR is only done once , but you can respond as coupon mad said and deny any alleged debt , once or fifty times , deny it as often as you like , the main thing is not to look foolish and ignorant if you get a stickler of a judge who expects certain rules to be followed

With a 30 day LBC , it's a sign that a SAR should be done if not already done , then start to prepare for a court claim pack from the CCBC in Northampton , especially in this pandemic when revenues are down so they decide they have time to chase up old invoices , so it's no coincidence that debt collection has resurfaced

Umkomaas

Have you read this long-running thread by @BountyHunter which discusses contesting jurisdiction (for which I think there is a £100 fee). Ensure you understand all the process involved. 

nosferatu1001

WendyJo said:

Hi,

I checked the Newbies thread and couldn't see where it said I may receive more than one, so apologies.  I will reply, but will be contesting on jurisdiction, so will let them know.  Thanks again for your help and I'm sure I will be back once I receive the Court letter.

Do you understand what contesting means, and what are your detailed groudns for doing so? 
Theyll state that a civil remedy is all thats been asked for, unlike say SABA which start off threatening criminal penalties then try to convert. 

WendyJo

Hi,

I've just seen all of these replies. 
Redx said:

Usually there is only one LBC with the 30 days notice period plus they include the financial forms as well , the rest are normally debt collector letters and not a formal LBC

The SAR is only done once , but you can respond as coupon mad said and deny any alleged debt , once or fifty times , deny it as often as you like , the main thing is not to look foolish and ignorant if you get a stickler of a judge who expects certain rules to be followed

With a 30 day LBC , it's a sign that a SAR should be done if not already done , then start to prepare for a court claim pack from the CCBC in Northampton , especially in this pandemic when revenues are down so they decide they have time to chase up old invoices , so it's no coincidence that debt collection has resurfaced

It is definitely a second LOC with 30 days to respond all all the financial forms.  I had one in August last year and that is when I put in the SAR request, which I have already received.  Should I just send the same response?

Umkomaas said:

Have you read this long-running thread by @BountyHunter which discusses contesting jurisdiction (for which I think there is a £100 fee). Ensure you understand all the process involved.

I have read this, not sure I understand it all though...nosferatu1001 said:

WendyJo said:

Hi,

I checked the Newbies thread and couldn't see where it said I may receive more than one, so apologies.  I will reply, but will be contesting on jurisdiction, so will let them know.  Thanks again for your help and I'm sure I will be back once I receive the Court letter.

Do you understand what contesting means, and what are your detailed groudns for doing so? 
Theyll state that a civil remedy is all thats been asked for, unlike say SABA which start off threatening criminal penalties then try to convert. 

I don't really understand it all, will need to read it over again and hopefully get some help with it all. I don't want to just pay it.

Redx

Yes , do an LBC reply denying the alleged debt and state that you are seeking debt management advice etc

As the SAR has already been done , no need for another one

These matters are complicated , as are Airport bylaws versus civil laws etc , so as well as reading the bountyhunter thread , read recent airport threads at Bristol and Southend etc too

example

https://forums.moneysavingexpert.com/discussion/6107365/vcs-claim-form-for-stopping-in-a-restricted-bus-stop-at-southend-airport/p1

example

https://forums.moneysavingexpert.com/discussion/6046976/please-help-pcn-from-southend-airport/p1

example

https://forums.moneysavingexpert.com/discussion/6183947/bristol-airport-charge-notice-stopping-in-a-zone-where-stopping-is-prohibited/p1

Get a handle on how and why they are going in a certain direction and what the arguments are , the more you read the more you will understand , like we do ( or do you think we have dozens of court cases , ongoing and concluded that we were daft enough to get a PCN in every possible scenario , just to be able to advise others ? , Or do you think we have had few or none at all ? , The latter in my case)

We don't need to be able to fly a space shuttle to know it when we see it , we know technical stuff about it , as do the engineers that built it , even if they never flew it !!

Stephen Hawking knew stuff even though he was almost paralysed with MND , it didn't stop his mind absorbing knowledge by reading etc

Coupon-mad

AND - get ANGRY and GET EVEN about this scam!   Please now make a real difference:

A TASK FOR SEPTEMBER:

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

WendyJo

Hi,

I received this as a response ... Any thoghts?

Thank you for your recent email, the contents of which have been noted on file.

 

Our Client is engaged by Newcastle International Airport Ltd to enforce the Newcastle International Airport Byelaws 2009 (Byelaws) and to (a) issue Parking Charge Notices (PCN) to vehicles parked in contravention of the Byelaws and (b) bring proceedings in its own name. It is fundamental to note that the Byelaws do not prevent our client from entering into a contract with a motorist. As such, any material breach of the terms and conditions (stated below) gives rise to a contractual claim which can be brought under civil proceedings (i.e. via the County Court). You are put to strict proof to the contrary.

 

The signage erected at the Site contained, inter alia, the following terms and conditions:

 

“PARKING NOTICE

RESTRICTED ZONE

 

NO STOPPING, PARKING, LOADING OR UNLOADING IN THIS AREA

 

STOPPING, PARKING, LOADING OR UNLOADING IN THIS AREA WILL RESULT IN A £100 PARKING CHARGE NOTICE BEING ISSUED. YOUR DETAILS MAY BE REQUESTED FROM THE DVLA.”

 

The signage situated across the Site forms a unilateral offer to anyone wishing to park their vehicle at the location. As the offer is a unilateral one, there is no need for the motorist to communicate their acceptance; the performance of parking in accordance with the terms and conditions is the act of acceptance. The signs are prominent and the terms and conditions are clearly displayed, and the motorist would have had the opportunity to read and understand them on parking at the Site. An objective observer would consider this action to have been done in acceptance of the terms and conditions.

 

The terms and conditions (referred to in the paragraph above), which you accepted upon entering the Site, are clear and unambiguous. The terms make it clear that you should not stop, park, load or unload your Vehicle. The enclosed photographs taken by the Automatic Number Plate Recognition(ANPR) cameras shows your Vehicle breaching the terms and conditions as the Vehicle had stopped/parked in an area where it was prohibited.

 

As a result of the breach, our client is well within their rights to issue the PCN and take all necessary steps (including bringing legal proceedings) to recover the outstanding charge.

 

Accordingly, the Balance is Due in full.

 

BrownTrout

i would go back with a quick note
Thanks for you reply, just to advise that you have a history of complete failure at this site with your client, indeed when jurisdiction is challenged due to this being under byelaws you have acted like a rat up a drain pipe and withdrawn from the claim"...

D_P_Dance

Rat up a drainpipe?  No cowardice there.

WendyJo

Hi, thanks, will do