NSL penalty notice Stansted Airport

gazzastears

Apologies as I realise there are lots of threads on this, but wanted some clarity on the process I need to follow and correct template for appeal.

Someone I know dropped a friend off at Stansted airport early one morning. When they got to the airport they realised they didnt have any money or phone on them and so stopped before the chargeable drop off zone in the area marked as no stopping! Their friend jumped out and went up to the airport and they moved off. The registered keeper has since received a Penalty charge notice from NSL for stopping where they weren't allowed.

Could someone clarify the process for appealing and relevant templates? If they cant appeal as they did actually drop someone off then thats fine, but wanted to check.

Many thanks for any assistance.

Fruitcake

Airport land is covered by byelaws which means the registered keeper cannot be held liable.

The keeper should appeal using the template in blue text from the first post of the NEWBIES sticky Announcement, exactly as it is writ, but adding a one liner that since the alleged event occurred on non-relevant land, as defined by the PoFA 2012, where byelaws apply, the keeper cannot be held liable so NSL should cancel now to save themselves money.

It is imperative that the driver's identity is not revealed, and that includes this forum. 

UncleThomasCobley

Are you sure this was a "Penalty" Charge Notice? Was it maybe a "Parking" Charge Notice instead?

Coupon-mad

Please post a photo of the Parking Charge notice front and back (redact your data but leave all dates and wording viewable).

I'm ramping up my complaint to the BPA about NSL and want a current NTK re Stansted as an example of NSL misleading people about the POFA and keeper lability.

gazzastears

Copy of notice as requested. Thanks.

Coupon-mad

Thanks for that.  I will show it to the BPA - very useful - but as you are anonymous in my complaint, it won't help your case.  Your wife (ONLY IF SHE IS THE NAMED REGISTERED KEEPER ON THAT LETTER) can do this as well though to push it to be cancelled:

I suggest the keeper complains by email to the BPA and DVLA, stating that NSL are misleading keepers about liability.

Do not talk about what happened nor imply who was driving!

I have a complaint ref from July, for this NSL complaint at the BPA (which Gemma has not closed, so it is still ongoing):

email

aos@britishparking.co.uk

Complaint ref: BPA-044007

Address it FTAO: Gemma Dorans

Say you want your complaint logged under the above ongoing unresolved complaint ref started by MSE poster 'Coupon-mad' and copy in the DVLA:

KADOEservice.support@dvla.gov.uk

and copy in the Stansted Airport Manager mentioned here:

https://www.stanstedcommuter.com/wp-content/uploads/2021/05/dn01921-recommencement-national-express-a9-service.pdf

THE KEEPER'S (not you...) complaint is that NSL are continuing to reference 'keeper liability' and the POFA 2012 regarding PCNs issued at an airport, where neither keeper nor hirer liability applies.  It appears that they are misleading consumers and POPLA about the POFA applying on land under byelaws (statutory control).

Also, after doing that email, the keeper does an appeal maybe a week later, so the BPA may have contacted NSL in the meantime.

Appeal:

There was no use of the drop off zone and your lack of signs on that airport roadway is appalling . The driver will not be admitted, and you and I both know that there is no chance of 'keeper liability' at an Airport despite your best efforts to pretend that the PoFA applies.  You have been reported to the BPA and DVLA for this and your KADOE access could be withdrawn if it is decided by the DVLA that you are misleading keepers, hirers and POPLA about liability at Airports. Don't waste your time and mine with POPLA. Cancel this PCN, sort out your NTKs to stop misleading keepers and look for lower hanging fruit, which is not me.

gazzastears

Coupon-mad - sent the emails and appeal as suggested. Received the below appeal rejection back as expected. Assume she now needs to appeal to POPLA?

"Dear ...........,

Thank you for your email concerning the above Parking Charge Notice (PCN) issued at Stansted Airport by NSL Ltd on behalf of Manchester Airport Group.

The PCN was issued for the following contravention: Parked in a restricted location during prescribed hours.
After careful consideration, I regret to inform you that the PCN will not be cancelled on this occasion as the PCN was issued correctly.

As the above vehicle came to a halt without a valid external reason including traffic or pedestrians walking the vehicle is said to have parked and as such is subject to the parking restrictions in place.

Parking is not permitted where the above vehicle was observed via CCTV capture irrespective of duration. Whilst I appreciate the circumstances you have described I am unable to accept them as a valid reason to cancel the above PCN.

It is the responsibility of the driver to be aware of and to adhere to the relevant signage, or to seek alternative parking arrangements to ensure the vehicle is parked without contravening the restrictions in force.

I have noted your comments however, as Stansted Airport is privately owned, all PCNs are issued in accordance with the Protection of Freedoms Act and in line with the British Parking Association Approved Operator Scheme Code of Practice. By parking on this land, you are agreeing to acknowledge, and park in accordance with the parking restrictions stated on signage around the area.

In respect to your comments regarding the Protection of Freedoms Act 2012, I must advise you that the act covers the principle of ‘Keeper liability’ in specific circumstances, we believe that all those requirements have been met and the registered keeper of the above vehicle remains liable to Pay the Notice in line with the aforementioned Act.

There is signage in place at this location informing motorists of the restrictions in place. I can confirm that sufficient signage is in place and that it meets statutory/BPA AOS requirements.

In conclusion, a full review of all the evidence regarding the issuing of the PCN has taken place, and, in light of the findings I am unwilling to cancel the Notice. Therefore please make arrangements to pay the balance £60.00 in full within the next 14 days.

You can pay by credit or debit card by telephoning ........... or by using the online payment service at ...........

You have now reached the end of our internal appeals procedure. If you still feel that your appeal has not been adequately considered, you have the option to ask for an independent review to be undertaken by the Parking on Private Land Appeals (POPLA) by visiting the following website ............. within 28 days of the date of service of this notice.

Your POPLA verification code is: ...............................

I must however advise you that should you choose to request a review by POPLA the full charge of £100.00 will become applicable to the above case minus any payments received already.

If you choose to do nothing, after 35 days we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you. This will lead to further charges being added.

I am sorry that this is not the outcome you were hoping for."

Fruitcake

Yes, the keeper now needs to construct a PoPLA appeal using all the points available from the third post of the NEWBIES, plus all the above about NSL misleading motorists etcetera. Make Not-Relevant Land the keeper's first point, and show us the draft before it is submitted.
Note that PoPLA codes last at least 32 days.

Coupon-mad

What did Gemma at the BPA say?

gazzastears

“Thank you for your email. 

I can confirm we are liaising with the Operator regarding the issue.  Unfortunately we have not got an outcome to the complaint yet.

Our remit is to investigate breaches of our Code of Practice.  Unfortunately we cannot compel a member to cancel a parking charge notice.  You will need to appeal the notice directly with the Operator within 28 days of the charge being issued.  Once an appeal is received, the charge will freeze.  The Operator will have 14 days to acknowledge the appeal and 35 days to respond.

If the appeal is rejected, the Operator will provide you with details on how to appeal to POPLA – the independent appeals service.  We suggest you follow this process to contest the charge.  Please ensure you include as much evidence as possible to support your appeal. 

 I hope the above is helpful.

 Kind regards

Gemma Dorans

AOS Investigations Team”

Coupon-mad

NSL need banning by the DVLA for this, IMHO.  Interestingly, the DVLA is fobbing this complaint off to the DLUHC now, which plays into my hands! 

https://forums.moneysavingexpert.com/discussion/comment/80435947/#Comment_80435947