POPLA NSL Stansted Airport

Fruitcake

Yes, you must respond with a rebuttal, and also comment on any of your appeal points that were not addressed, stating that those points must be allowed.

Note that you only have 2000 characters available for your rebuttal.

Coupon-mad

This stage is covered in the 3rd post of the NEWBIES thread and I hope you didn't admit to driving in the appeal?  No keeper liability exists on Airport land due to the existence of Airport byelaws.

johnnypjr

Fruitcake said:

Yes, you must respond with a rebuttal, and also comment on any of your appeal points that were not addressed, stating that those points must be allowed.

Note that you only have 2000 characters available for your rebuttal.

Coupon-mad said:

This stage is covered in the 3rd post of the NEWBIES thread and I hope you didn't admit to driving in the appeal?  No keeper liability exists on Airport land due to the existence of Airport byelaws.

Thanks both. I haven't said who was driving at any stage.
I will refer to the newbies thread.

Johnersh

The sign says no stopping, no waiting *at any time to drop off/ pick up* Any contract if one exists at all is in relation to the complete terms. There is no punctuation. 

Their point may be arguable if it just said no stopping, but the ppc cannot prove that the driver was stopping or waiting for the purposes of dropping off or picking up.

(that is, of course, on the assumption the driver stopped for no more than a few secs and no one exited).


Further, who defines what valid reasons are for stopping?  Pedestrians passing near a car, yes, but not to read signs? Really? 

The Google images I have seen show great t&cs outside a car park.  You'd have to stop to read them.

It's entirely foreseeable to expect vehicles to slow and stop near a car park entrance, possibly without entering. 

johnnypjr

Here is the NTK I received from NSL

Coupon-mad

Right!

Immediate complaint to the BPA on two counts (WITHOUT SAYING WHO WAS DRIVING):

1.  They are using a POFA NTK to mislead the keeper about liability but this is an Airport (Stansted) and it's not 'relevant land'.  This is specifically disallowed under the Code and by the DVLA.  A serious breach, which the BPA has stopped before with other rogue operators, e.g. when the pariahs of Sussex One Parking Solution were using a POFA NTK re land owned by BHCC.  Land under statutory control cannot fall under POFA Schedule 4 and the keeper cannot be liable.

2.  The contravention attempts to impersonate a Local Authority penalty charge, by using the specific phrase 'during prescribed hours' which is meaningless in this context, but a clear copy of LA code 01.  This breaches the Code of Practice by impersonating a level of authority that NSL do not have and making it appear to be a Code 01 penalty.  Misleading wording is being eradicated by the DLUHC and operators are supposed to be cleaning up their act, not inventing new ways and phrases to get around the new incoming Government regulation.



P.S.  Use the exact wording above in your online complaint to the BPA and please tell us the complaint ref you are allocated, so others can use the same reference in future complaints.

P.P.S   Do this complaint WHETHER OR NOT you win at POPLA.  No paying!

Did you do your comments already, pointing out this is land under Statutory control and the keeper CANNOT be held liable, and a complaint has been made to the BPA about NSL knowingly using a POFA NTK for land that is always specifically outside of POFA.

Castle

Interestingly, the website https://NSL.startraqdome.com has a "Live Chat" option, if anybody wants to have a "chat" with them!

DW190

Castle said:

Interestingly, the website https://NSL.startraqdome.com has a "Live Chat" option, if anybody wants to have a "chat" with them!

Will need someone who has a PCN asI think it requires enetering before chat starts.

brassneck_2

johnnypjr said:

Here is the NTK I received from NSL

Got the same letter for literally stopping to check which of the car parks I had booked in, having just arrived near the entrance of one of them.  I had pre-booked car parking and went in to booked car park within about 60 seconds - I was probably stopped for about 10 seconds.  The image I have shows 'contravention time' as 00:19 but my car park ticket shows 00:16 - no idea if the time difference helps or not.

I will definitely be appealing. 

Coupon-mad

Appeal by all means - but not writing this "I was probably stopped for about 10 seconds" which gives away the driver and throws the certain win at POPLA stage, in the bin.

Also please complain online to the BPA exactly as already advised on this thread (again, not saying who was driving, nor implying it). They can't use a POFA NTK at this site.