UKPPO Newcastle Airport

Milly25UK

Finally found original here is the back.
kind Regards Milly x

Le_Kirk

Milly25UK said:

Today I’ve received Letter of claim and sent the following.

Dear Sirs,

Your ref: ********

I am the registered keeper but I wasn't driving the car.  Kindly revert to NCP with the following:

I have researched the PoFA 2012, which I understand realise does not apply at Newcastle Airport.  BW Legal/UKPPO must cancel and erase my data, as I am not the liable party and I decline their belated request to name the driver.

Which PPC is pursuing you, as you seem to have confused BW Legal (and me) by changing the PPCs names?  On your post upthread you do use UKPPO but then later revert to NCP.

Milly25UK

Sorry I got confused with it all it UKPPO Newcastle Airport and BW legal begging letters.I’m currently sorting out sending Sar request and I’ll get ready for a court appearance soon.

regards Milly x

Fruitcake

The advice now is not to send an SAR until after receiving a claim form. This is because the PoC on the claim form are often woefully inadequate, and cases are being thrown out because of the CEL v Chan appeal case that can be found in the template defence thread.

Milly25UK

Thanks Fruitcake so just wait now? Don’t fill in these forms or engage in any more E mails ? 

For a young Girl this is all a little overwhelming.
but I will fight all the way thanks for helping x

Fruitcake

I'm not sure to what forms you are referring. I thought you were at Letter of/before Claim stage. If you have replied to the LoC, then there is nothing left to do other than research how to defend a claim whilst waiting for the claim form itself to arrive from the CNBC.

Fruitcake

Things to note (some of which you have already stated to the PPC and their agent): -


The location of the alleged event is not relevant land as defined by the PoFA 2012, and is covered by airport byelaws, therefore the keeper can never be held liable.

The NTK is also not PoFA compliant because it failed to comply with para 9 (2) (a) which states a NTK must,

"specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;"

Since the alleged event did not occur on relevant land, the PPC cannot possibly comply with the requirement to specify said relevant land.


The NTK also failed to comply with para 9 (2) (e) because it did not invite the keeper to pass the NTK to the driver.

9 (2) 

(e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

Stopping is not parking, and loading/unloading (of goods or people) as determined in Jopson v Homeguard (transcript available online). This was an appeal case and is therefore persuasive on the lower courts.

Stopping is not a breach of byelaws.


It wouldn't hurt to respond to the LoC with the above, reminding them of the findings in the persuasive appeal case of Vehicle Control Services Limited v Mr Ian Edward that they cannot assume the keeper was the driver, which in any case is denied.
Also remind the solicitors that their first duty is to the court, not their client, therefore they should warn their client that since the location where the alleged event is not relevant land where byelaws apply, and therefore the keeper cannot be held liable, they will be leaving themselves open to costs for unreasonable behaviour if they fail to discontinue.

Milly25UK

Thanks Fruit cake x

Nellymoser

Like you so many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes.

PPCs always claim discounted rate/full rate pcns/court claim letters were sent though they offer no evidence to prove this. Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP.

Please @Milly25UK sign/share @jmccabe petition closes 22nd june 2024.
https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thank you. Good luck I'm sure you'll win

Milly25UK

Done x and signed x