Newcastle Airport

Beechy74

They sent the evidence today...
I dont know if it makes any difference but it quite clearly states by-law. Even the evidence is somewhat vague.

Redx

So nothing else to do until a court claim arrives from the CCBC in Northampton

Umkomaas

Have you read the NCL byelaws to know exactly what they say and what your (and UKPPO's) angles are?

Coupon-mad

Can anyone else remember that there was something (from the DVLA maybe?) that stated to parking firms that they must not conflate byelaws penalties with parking charges and must make it clear which basis the charge is issued under.  i.e. it's either contract law or byelaws and can't be both.

Beechy74

Thanks guys,
@Umkomaas i did read some of the info re; byelaws from the topic about Newcastle airport and the Whatsapp group. I was under the impression a byelaw has to be heard in a Crown Court within 6 months of the material date. Not a County Court over 18 months after the alleged 'contravention'.
Ive no idea what that image is even meant to suggest. It just looks like the vehicle is driving through a barrier. Farcical.

Redx

Bylaws PCN s are magistrates court , not crown Court

What you said plus what coupon mad said is the nub of the argument , which is why at least one WhatsApp member contested jurisdiction , the rest fought on the argument that if it's bylaws then it's not contract law , or similar

Coupon-mad

Beechy74 said:

Thanks guys,
@Umkomaas i did read some of the info re; byelaws from the topic about Newcastle airport and the Whatsapp group. I was under the impression a byelaw has to be heard in a Crown Court within 6 months of the material date. Not a County Court over 18 months after the alleged 'contravention'.
Ive no idea what that image is even meant to suggest. It just looks like the vehicle is driving through a barrier. Farcical.

That's the point and is why the DVLA reminded PPCs not to muddy the waters between the two.  Maybe it's in an FOI reply online, try Googling for it.

1505grandad

Any help? -  per PePiPoo:-

http://www.pepipoo.com/forums/lofiversion/index.php/t133185.html

"The DVLA does not allow parking operators to use a mixture of contract law and Byelaws at the same

time. Parking operators must choose one or other form of parking management and stick to it. This is

demonstrated in the emails released in response to Freedom of Information Request 302420. On pages

15 and 16, the DVLA writes to the Legal Counsel at NCP as follows: “We note the position you are in

with railway car parking but we would restate that if you are operating the railway car parks under

Byelaw 14 then that must be clear on the signage, communications and tickets and if you are operating

the car parks under contract then that needs to be clear on signage, communications and tickets. We

will not release data for those sites where it is not clear to the users which you are using or where you

may decide after the event which you will use (byelaw prosecution or contractual breach)”."

Umkomaas

Complain to the DVLA. 

ccrt@dvla.gov.uk (and) KADOEservice.support@dvla.gov.uk - send to both. 

Beechy74

Thankyou,
Complaint sent. I know these companies are thieves but that image shows the driver either paying to get out or pressing the button to get in. Its just taking the !!!!!!.