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Southend Airport no stopping

valrossi
valrossi Posts: 28 Forumite
10 Posts Photogenic
Hi, I have received a claim form from VCS for stopping at Southend Airport in a no stopping zone.
I received it on 10 Feb.
I have sent an AOS on 15/2/20
I am currently working on my defence.
I have been looking at the NTK and it states it obtained keeper details from DVLA in accordance with Road Vehicles (Registration and Licensing) Regulations 2002. It does not mention POFA on this form. 
Is POFA the way they get access to the keeper details or have they used a different regime to obtain them.

Thanks for your help
«13456

Comments

  • 1505grandad
    1505grandad Posts: 3,672 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What is the issue date on the claim form.
  • Redx
    Redx Posts: 38,084 Forumite
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    POFA does not apply as keeper liability on airport land

    However , they obtain DVLA details by being a member of the IPC , nothing to do with pofa
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the land is covered by airport bye-laws it is likely that different law applies, read te stuckies for more information.

    Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.



    You never know how far you can go until you go too far.
  • issue date was 10/02/20
    Redex, I realised that POFA didn’t apply as airport Byelaws apply but thought they tried to claim this which was my question. 

    Thanks,

    back to work on my defence.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 28 February 2020 at 6:47PM
    They may try to use it under contract law , not bylaws , complicated issues so read other Airport threads

    But their ability to obtain Keeper details comes under being a member of the IPC and gas done so since POFA was enacted

    Read the ktvillan airport thread and the UKPPO Newcastle WhatsApp fightback thread by Bountyhunter
  • KeithP
    KeithP Posts: 41,228 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    With a Claim Issue Date of 10th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th March 2020 to file your Defence.
    That's over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

    To file a Defence, follow the guidance in this post:
    Don't miss the deadline for filing a Defence.

  • Thanks for the advice above. I have been doing little else but reading these defence examples and I think I am stat rating to get a handle on it. Can I ask one piece of advice please (that will be at this stage)
    I was not the driver at the time of this alleged contravention, but I was the RK.
    How much detail do you thinkI should put in my defence as to signs displayed. I didn’t see them at the time as I was not driving but I have since seen some of them since.
    Should I at this time concentrate on not driving and not being liable as the RK.
    Thanks
  • Le_Kirk
    Le_Kirk Posts: 24,154 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Of course, as soon as you received the NTK as RK you went (on foot) to inspect the car park and take pictures.
  • Coupon-mad
    Coupon-mad Posts: 148,371 Forumite
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    Humberside Airport, that defence says...

    stopping at Southend Airport on a red line.

    I am asking this because the Judge will.  WHY would anyone ever stop on a no stopping double red line at an Airport?  Please don't say the driver thought that was an OK place to pick up or drop off a passenger?  If so, you are going to struggle a bit - notwithstanding luckily the driver wasn't you, so you have 'no keeper liability' at least.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • valrossi
    valrossi Posts: 28 Forumite
    10 Posts Photogenic
    Humberside Airport, that defence says...

    stopping at Southend Airport on a red line.

    I am asking this because the Judge will.  WHY would anyone ever stop on a no stopping double red line at an Airport?  Please don't say the driver thought that was an OK place to pick up or drop off a passenger?  If so, you are going to struggle a bit - notwithstanding luckily the driver wasn't you, so you have 'no keeper liability' at least.


    The probem with Southend airport is the confusion when you enter as to where the drop off and pickup areas are. They are no signs to assist with this. Perhaps the driver stopped for a matter of seconds to ask directions.
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