Newcastle Airport UKPPO BW Legal collective defence group

Coupon-mad

Hmm sorry I will try to convert that link, whilst making pancakes!

Caoimhe

I only have a few days left to contest jurisdiction, and if I am going to do so, I need some help with the below.

My reasoning goes like this:

-Byelaws are enforceable only by Magistrates courts.

-The byelaws themselves state that anyone breaching the byelaws shall be subject to summary conviction.

-The byelaws also state that a PCN can be issued at the "absolute discretion".

-UKPPO have themselves stated that this is an alternative to prosecution. Surely the alternativr is the fine, if paid - not the court proceedings?

The sticking point is currently whether the court has jurisdiction over enforcing the PCN.

Q1. Is it enough to state that byelaws are only enforceable through the Magistrates court?

Q2. What is the meaning of "absolute discretion" in this instance. Can the law (& county court) enforce a PCN, issued at the "absolute discretion" of UKPPO?

If you don't have any advice on this, that's fine, but it is my decision, and I am trying to ascertain as much information as possible before making it. Any help is always appreciated.

darb

Nice work Ballantyne78 on getting in the Jurisdiction contest, I've just pm'd you the SAR I sent to UKPP and they were actually quite quick to get back to me (24 hours) the other week.

"Byelaws are enforced by the local authority through the magistrates’ court and contravening a byelaw can result in a fine upon successful conviction."

gov.uk/guidance/local-government-legislation-byelaws#the-byelaws-alternative-procedure-england-regulations-2016 -

Newcastle Airports specific bylaw sates:
___________________
PENALTIES
Any person contravening any of the following byelaws or anyone assisting or procuring others to do so shall be liable on summary conviction to a fine which, in respect of a contravention of:

byelaws 4.11 or 5.19 shall not exceed level 2 on the standard scale;
byelaws 4.1, 4.2,4.26,4.7, 4.8, 4.9, 4.10, 5.1, 5.2, 5.5, 5.14, 5.8, 5.11, 6.1, 6.1.2, 6.1.3, 6.7, 6.8 or 6.12

shall not exceed level 4 on the standard scale;

any other byelaw shall not exceed level 3 on the standard scale.

As at the date of these byelaws the relevant levels of the standard scale, by virtue of Section 37(2) of the Criminal Justice Act 1982, are as follows:
level 2-£500; level 3-£1,000; level 4 - £2,500.

These levels are, however, subject to amendment from time to time by statute or by an order under section 143 of the Magistrates' Courts Act 1980.

Where any person parks or leaves a vehicle in contravention of any of byelaws 6.2 to 6.6, 6.10, 6.16 to 6.18, 7.1, 7.2 or 7.7, or otherwise contravenes any of those byelaws in relation to a vehicle, the Company or its agents may (in its/their absolute discretion) either:

3.3.1 Apply a Parking Charge Notice
3.3.1.1 A Parking Charge Notice (PCN) may be issued in respect of the vehicle. The PCN will
specify:
3.3.1.1.1 3.3.1.1.2 3.3.1.1.3
the sum the registered keeper is required to pay;
the time within which the payment must be made; and the address to which the payment must be sent.
3.3.1.2

The PCN will also explain that unless payment is made in accordance with its terms, court action may be commenced to recover sum due from the registered keeper under the PCN together with costs, interest and any other sums legally recoverable; or

_________

Does this not clearly sate a PCN can be issued and costs recovered in court (not specifying what level). It seems this whole thing is based on "the rejection letter one of you has, that states that these charges were issued 'under byelaws' and are not contractual breach charges" - Does this definitely exist/ can you get a copy as wouldn't this be key to your contest over jurasditcion?

With regards to Q2 above I think it means that UKPP can issues PCNs as they see fit and it would be logical to me they would be dealt with in the same way PCNs are usually dealt with in county court. But are we saying UKPP having slipped up by saying its not actually a PCN.

Caoimhe

darb wrote: »

Does this not clearly sate a PCN can be issued and costs recovered in court (not specifying what level).

It states that a person contravening any of the byelaws is liable, on summary conviction, to a fine. So this would mean, upon conviction in a Magistrates court, the offender is liable to a fine, of which the details are then listed on a scale.

darb wrote: »

With regards to Q2 above I think it means that UKPP can issues PCNs as they see fit and it would be logical to me they would be dealt with in the same way PCNs are usually dealt with in county court.

I would agree that this is what they are trying to say. I've read the following post elsewhere, but I'm not sure how accurate it is.

Peipioo wrote:

Civil recovery (through the courts) is not an option, as with the railways byelaws they would have to prosecute, they cant have the option of civil claim recovery AND court for the same transgression.

Does anyone with legal expertise have legal advice on this, or does anyone know any other forums that might be able to clarify?

BrownTrout

Caoimhe wrote: »

It states that a person contravening any of the byelaws is liable, on summary conviction, to a fine. So this would mean, upon conviction in a Magistrates court, the offender is liable to a fine, of which the details are then listed on a scale.



I would agree that this is what they are trying to say. I've read the following post elsewhere, but I'm not sure how accurate it is.



Does anyone with legal expertise have legal advice on this, or does anyone know any other forums that might be able to clarify?

You wont get *legal advice* on a forum. If you want legal advice please go and consult a solicitor.

Umkomaas

Don't Byelaws have to be signed by the Secretary of State. Surely the airport can't stick a 'Byelaws' title on top of their own made up rules and regs?

Are the Byelaws signed off by a SoS?

Caoimhe

BrownTrout wrote: »

You wont get *legal advice* on a forum. If you want legal advice please go and consult a solicitor.

That meant to say "anyone with legal expertise have any advice". it sounds like you don't have any though.

Caoimhe

Don't Byelaws have to be signed by the Secretary of State. Surely the airport can't stick a 'Byelaws' title on top of their own made up rules and regs?

Are the Byelaws signed off by a SoS

They are signed off, althoubh there are some signs that say "Airport Byelaws - No U-turning". This is not covered in the byelaws, so these signs are illegitimate.

BountyHunter

The group are helping Ballantyne78 with the process for completing the N244 form - can we double check we have covered everything needed?

Form to be completed based on the info and wording agreed earlier in post #38 and the example in #91

This needs to be combined with a draft order from post #51
(Is there any other format that needs to be followed for this?)

Enclose the cheque for £100 (made payable to HM Courts and Tribunals Service - is this correct?), as well as a copy of the byelaws as evidence and a (redacted name & address) copy of the rejection letter from one of us, stating that these charges were issued 'under byelaws' and are not contractual breach charges.

All to be posted to the county court business centre, sent Special Delivery next day signed for, addressed clearly to the CCBC and marked 'URGENT - RE SMALL CLAIMS'.

Deadline is 14 days from the AOS which was submitted on Tues 5 March. (19 March)

Anything else needed?

Thanks

BountyHunter

Also we have a draft defence for review (to follow) - All feedback welcome - in particular can anyone advise if we have the right legal terminology in the right places, if the arguments are logical, and whether it is too long or detailed (is 122 lines the max?)?

There may be some small adjustments for individual circumstances but the defence arguments are the same.

It doesn't reference the magistrates/6 months rule on purpose as jurisdiction has not been contested for those defending.

Thanks