Newcastle Airport - Letter of Claim - BW Legal

FezzyWasp

Good evening all,

I have tried to refrain from posting as I realise a wealth of knowledge has already been posted in relation to the extortionate fines being placed upon people for breaking unreasonable bylaws, however the sheer amount of information has me overwhelmed and I fear I am incorrectly facing court proceedings as the registered keeper soon.

In this instance, the registered keeper is being pursued via a 'Parking Charge Notice' for 'parking' in a prohibited area in August 2019. In fact, it transpires that such accusation is perhaps based upon the actions of stopping briefly (30 seconds) on a private, unadopted, yet publicly accessible road while a further individual entered the vehicle. The PCN sites a byelaw which when explored states no person shall 'Wait in, leave or park a vehicle where waiting or parking is prohibited by notice' however this is inconsistent with that which is set out upon poorly lit and awkwardly situated signage, which is indeed difficult to read when travelling in a vehicle. To read the sign clearly and be aware of any terms and conditions the driver would, ironically, be required to stop.

The identity of the driver remains unknown. The charge was appealed and this was turned down.

Numerous requests have been made to both UK Parking Patrol Office (UKPPO) and more recently BW Legal for clear legible pictures showing the signage in situ at the location where the alleged bylaw breach took place. To date most photos provided have been unfit for purpose as they are either unreadable, in an altogether different part of the airport or of merely a graphic (not a photo).

A Letter of Claim has now been issued to the registered keeper, which states that a 'limited contractural licence' was entered into when entering land operated by UKPPO, meaning that certain terms and conditions should have been abided by. These were allegedly set out upon prominently displayed signage, something which the registered keeper contests. It is thought the the driver would have not been aware of any such contract as the signage is severely inadequate.

On reviewing the information set out on this forum, the registered keeper is now going to respond to BW Legal stating that whilst a Subject Access Request is made to UK Parking Patrol Office, that all processing of the Registered Keeper’s data must be restricted and whilst such request is being processed, the case should be placed on hold. Clarification is also sought as to what the Principal Debt and Legal Fees consist of.

Does this appear to be the right course of action in this instance?

Can the Registered Keeper be held to account in this instance through Civil proceedings?

Any information or advice greatly received as this is beginning to really cause the registered keeper unnecessary and harmful stress.

Thanks,

Fezzywasp.

Redx

more than 20 people were involved in the thread by Bountyhunter about UKPPO and that airport

I suggest you read through the whole thread , the conclusions and what happened in all the cases, its very comprehensive and covers every eventuality

yes do the SAR and telling B W LEGAL to place it on hold pending debt management advice

Coupon-mad

Does this appear to be the right course of action in this instance?

Yep, have you sent BountyHunter a private message for any tips of what he or the others did at this early stage, and maybe his list of all the court wins and discontinuances that you could (if the group agree) use as a weapon?

Have you complained to the new MP if you are localish, and appraised them of all the cases the courts keep kicking out, and ask for support?

Can the Registered Keeper be held to account in this instance through Civil proceedings?

No, not on Airport land.

FezzyWasp

Thanks to both. Will contact BountyHunter, send off holding letter to BW Legal and issue the SAR.

I will also drop a line to the MP.

Will update on how I get on.

- just quickly - should I start listing points I contend with (i.e. civil proceedings on private land issue) in the holding letter or keep it brief?

Thanks agin

Redx

Keep it brief but add a note that you are seeking advice from the people who won their cases recently about the same issues at the same location and will use their experience and advice in defending this unwarranted demand for money on non relevant land

FezzyWasp

Have tried to contact BountyHunter but the webpage is stating that they have exceeded their stored private messages quota and cannot accept further messages until they clear some space!

waamo

Try posting a message on the Newcastle airports thread. I'm sure it will be read.

FezzyWasp

Thanks waamo - have done.

@Redx - the land in question is a road which travels away from the private car park. It is privately owned and maintained (not adopted), but could be argued to be publicly accessible. Does this still mean it is not relevant land?

Thanks

Umkomaas

but could be argued to be publicly accessible. Does this still mean it is not relevant land?

Doubtful. Any private car park or private estate road is 'publicly accessible', but I can't see any being argued as 'not relevant land' for PoFA purposes.

If that was the case, where on earth could PPCs earn a crust? Think of their poor children (and private yachts, Range Rovers and Lambos)!

chris0241

FezzyWasp said:

Thanks to both. Will contact BountyHunter, send off holding letter to BW Legal and issue the SAR.

I will also drop a line to the MP.

Will update on how I get on.

- just quickly - should I start listing points I contend with (i.e. civil proceedings on private land issue) in the holding letter or keep it brief?

Thanks agin

How did you get on with your case?

Chris