PCN for stopping 5 secs in lay-by at Southend Airport

Fruitcake

Appeal the new NTK as per the template in the NEWBIES.

If it gets to court then you can state that it is too late for keeper liability to apply.

Have you determined if the place where the alleged event took place is within the airport boundary and therefore byelaws apply?

Have you complained to your MP yet about this unregulated scam?

You need to get pics of the site and signage as soon as possible. Do this on foot, by train, or dashcam from a very slow driveby without stopping. You may also find images on google streetview or similar.

purplepenny

Thank you.
Yes, I believe it is within the airport so assume Byelaws will apply.
Found this Byelaws document on airport website:
https://d1z15fh6odiy9s.cloudfront.net/files/sen-byelaws-1983-297c76b8.pdf
I have taken pics but haven’t yet written to my MP. Will do.
Thanks again.

Fruitcake

purplepenny wrote: »

Thank you.
Yes, I believe it is within the airport so assume Byelaws will apply.
Found this Byelaws document on airport website:
https://d1z15fh6odiy9s.cloudfront.net/files/sen-byelaws-1983-297c76b8.pdf
I have taken pics but haven’t yet written to my MP. Will do.
Thanks again.

Good search. Para 13 of the byelaws refers to parking and signs erected by the council, who are a traffic authority.

You might find post 9 of this thread helpful to understand how the PoFA can be used to show how byelaws are not relevant land by following the sections highlighted in bold.

https://forums.moneysavingexpert.com/discussion/6073673/vcs-ema-petrol-station-yet-again

purplepenny

In terms of complaining to my MP, should it be a general complaint about parking scammers OR should we include relevant details, eg Byelaws, reissued ticket a month after claimed contravention, and aspects of our situation/defence, ie why the driver might have inadvertently pulled over in wrong place? Thanks in advance.

Coupon-mad

It should be asking for their assistance and with details of your case and why it is a complete scam/what happened.

purplepenny

Thank you.
I have read elsewhere:

“If a vehicle is captured on CCTV, an accredited trade association parking company must, BY LAW, send a parking ticket to the vehicle’s owner within 14 days, starting from the day after the parking incident took place.”

As the PCN was issued 33 days after the alleged contravention, I would like to include details of the law they have broken. Please can anyone point me to the relevant law for my letter to MP? Is it this one:

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Does this law apply to stopping momentarily, not parking?

Many thanks in advance.

Redx

Don't know where you read that , seems a Mish mash to me and only those bylaws you found apply at that location

POFA doesn't apply on non relevant land and it's not mandatory anyway, plus it talks about issuing to keepers , not owners , there is no owner database anyway , so how can anyone find out who owns a vehicle ? Only a bill of sale tells you that

The DVLA keep registered keeper details , which parking companies buy and have 7 months to do so

Tell us which law has been broken , if any

purplepenny

Thank you. Please could you clarify, do companies like VCS have the legal right to collect charges and chase registered keepers for alleged contraventions on non relevant land covered by Byelaws? Thank you.

Redx

Only a judge can answer that question which you were told in post #12 above

Read through the UKPPO thread that Bountyhunter posted where over twenty people went through it in relation to Newcastle airport

Coupon-mad

purplepenny wrote: »

Thank you. Please could you clarify, do companies like VCS have the legal right to collect charges and chase registered keepers for alleged contraventions on non relevant land covered by Byelaws?

Short answer, no they don't.

At court stage, later, you will need to put in evidence, pages from the original 2012 Government Guidance to Section 56 of the POFA:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

Read the bits about not being able to hold a keeper liable on byelaws land. Parliament said so!

You will also need VCS v Quayle and the appeal case of Excel v Smith, to use as evidence, and can copy another defence that includes those cases, when you get to court stage.

Search the forum for those cases and read people's examples.