Newcastle Airport UKPPO BW Legal collective defence group

BrownTrout

If they were there at the time of your ticket then this a bye law case and you should follow the advice given by barge pole (vcs case) I certainly wouldn't disagree with him on points like this

Coupon-mad

Hmmm...still not sure that those who have already ticked 'I intend to defend in full' are safe to change to 'contest jurisdiction'.

Have any of the group NOT done AOS yet, and would they be up for £100 application to contest jurisdiction instead of defence?

BountyHunter

Of the 4 that were willing to give it a try - I think we have all done the AOS.

Some are stuck as they are waiting for the original documents via SAR to be able to respond (i.e. they don't know if the PCN will reference byelaws)

Coupon-mad

I just asked bargepole off forum:

if some of them contest jurisdiction and include a note to say they ticked 'defend in full' in error...are they at risk of a DJ deciding they can't have either?

Bargepole would not risk it.

But if any of you have NOT yet done the AOS are are up for the N244 £100 fee route, clearly setting out evidence that this is stated to be a byelaws penalty (quoting the byelaws) and is in any case, out of time for laying before a Magistrate and out of jurisdiction for the County Court using the small claims track, then that would seem worth doing.

Are any among the 15 - 20 of you in that position and want to do that? You would have to tick the right box on your AOS 'intend to contest jurisdiction' then you'd have 2 weeks max to file the application with our help.

One person doing that and succeeding, would remove their claim completely (leaving them open to sue for the wasted costs and damages for distress/harassment) and give the other defendants a case to cite later in the WS/evidence, when talking about why there is no cause of action.

Umkomaas

Bargepole would not risk it.

Pay very close heed.

Coupon-mad

BountyHunter wrote: »

Of the 4 that were willing to give it a try - I think we have all done the AOS.

Some are stuck as they are waiting for the original documents via SAR to be able to respond (i.e. they don't know if the PCN will reference byelaws)

AFAIK they all referenced byelaws. At least they have a bit more time if defending, and it wold be best of they do see the NTK first, but not essential as they MUST defend in time!

Is everyone the same boat, in that they are all PARKING charge notices not penalties, and all when UKPPO were in the IPC, not the BPA?

BountyHunter

If anyone does decide to go ahead on the basis of not yet submitting the AOS - does this look ok?

1. The material location to which this claim relates, is Newcastle International Airport, Woolsington.

2. The 2019v2 byelaws for Newcastle International Airport were confirmed by the Secretary of State for Transport on 14 February 2010, a copy of which are appended to this notice. The 2009 byelaws replaced Newcastle Airport Byelaws 1991.

3. Section 6 of the byelaws sets out the conditions for driving and parking vehicles within the airport, and Section 3 describes the penalties for any breach of the byelaws.

4. Any breach of the parking contraventions, as alleged by the Claimant in this action, is, therefore, a breach of the byelaws, and must be treated as a criminal offence, which cannot be the subject of a civil claim.

5. The correct jurisdiction for this matter is, therefore, the Magistrates' Court, and not the County Court. Any prosecution arising from the facts of this case can only be brought by Newcastle City Council.

https://www.newcastleairport.com/media/1353/airport-byelaws-2009-1.pdf

Questions for now?

How do we get round the fact that the Claim Form states "Parking contravention" but it's the PCN that quotes the byelaws- is it enough to attach the PCN or does that need further explanation above?

How do we make the payment? Where are the forms sent to?

Also is it £100 regardless of whether we have already done the AOS?

Thanks

BountyHunter

Coupon-mad wrote: »

AFAIK they all referenced byelaws. At least they have a bit more time if defending, and it wold be best of they do see the NTK first, but not essential as they MUST defend in time!

Is everyone the same boat, in that they are all PARKING charge notices not penalties, and all when UKPPO were in the IPC, not the BPA?

Trying to find out if everyone is PARKING and IPC - all are that have responded so far.

BrownTrout

https://www.gov.uk/government/publications/form-n244-application-notice
You send a cheque to the county court business centre and follow the link i sent you about the practice direction.
Yes it's £100 But it's up to you if you risk it nor after completing the AOS

BrownTrout

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