Newcastle Airport UKPPO BW Legal collective defence group

BrownTrout

Right

Before you post your defence of , if the area is subject to byelaws then i would suggest the county court does not have the jurisdiction in this case....

Others may disagree but that would be my first call.

BountyHunter

BrownTrout wrote: »

Right

Before you post your defence of , if the area is subject to byelaws then i would suggest the county court does not have the jurisdiction in this case....

Others may disagree but that would be my first call.

Thanks. That's exactly our conclusion so far.

twhitehousescat

ok airport land simply means they cannot use POFa

cases are now appearing at john lennon , with VCS

Unicorn51

Airport Byelaws do not apply to any road, to which the public has access.


Airports Act 1986
65 Control of road traffic at designated airports.

(1)Subject to the provisions of this section, the road traffic enactments shall apply in relation to roads which are within a designated airport but to which the public does not have access as they apply in relation to roads to which the public has access.

BrownTrout

If the ticket has definitely been issued for a byelaw breach then simply challenge on court jurisdiction, for the moment. People have had the chance to this before on here and they havent taken the advice then gone ahead and lost their case (at Liverpool)

BountyHunter

BrownTrout wrote: »

If the ticket has definitely been issued for a byelaw breach then simply challenge on court jurisdiction, for the moment. People have had the chance to this before on here and they havent taken the advice then gone ahead and lost their case (at Liverpool)

That's the plan - taken a while but hopefully we have our heads around it now.

BrownTrout

BountyHunter wrote: »

That's the plan - taken a while but hopefully we have our heads around it now.

Good have a read of this part of the CPR

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part11

You need to follow that....

BountyHunter

BrownTrout wrote: »

Good have a read of this part of the CPR

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part11

You need to follow that....

Thank you this is new information for the group.

So am I right in thinking we only have 14 days from submitting the AOS to dispute the court's jurisdiction? That certainly speeds things along.

Does anyone have a template to ensure we follow correct protocol?

Evidence wise - include the original PCN, Copy of Byelaws - would you include the defence and witness statement that would usually be submitted? Or anything else?

Many thanks we may have missed this otherwise.

BrownTrout

BountyHunter wrote: »

Thank you this is new information for the group.

So am I right in thinking we only have 14 days from submitting the AOS to dispute the court's jurisdiction? That certainly speeds things along.

Does anyone have a template to ensure we follow correct protocol?

Evidence wise - include the original PCN, Copy of Byelaws - would you include the defence and witness statement that would usually be submitted? Or anything else?

Many thanks we may have missed this otherwise.

You have 14 days from the AOS to do this,

Coupon-mad

I agree in principle with the idea to contest jurisdiction, but am concerned about 2 things:

1. You have all - understandably as that's the norm, here - done the AOS saying you intend to 'defend in full', not ticking the box that you 'intend to apply to contest jurisdiction'.

2. A N244 costs (AFAIK) a £255 fee, even to contest jurisdiction as far as I can see. I can't find anything to the contrary. Bloody expensive if so and would then need you all to try to get your courts to award your costs back from the Claimant, or sue them for the fee wasted, and damages for distress:

https://www.moneyclaimsuk.co.uk/PDFForms/N244-Notes.pdf

Do you ALL have a PCN called a 'PENALTY' or a 'PARKING' charge? UKPPO had 2 types.

Do you ALL have PCNs from when UKPPO were in the IPC, as they are now, or the BPA?