Newcastle Airport PCN - preparing CCC defense but dubious about a few things

suomi_stokr

Hello MSE people, I'm opening my own thread to ask for advice on how to set up a successful defense on the likely possibility I'll be issued a CCC. I promise this is not another newbie thread on what to do, but rather I'm seeking advice about my specific circumstances, and how to set up my defense accordingly. 

I've received yesterday my LoC for a PCN dated June 23 for 'Dropping Off/Picking up in a Restricted Area' where Area refers to Newcastle Airport Hilton Hotel Entrance BARRIER. At the time of appeal, I did confirm I was the driver (I know, silly mistake, but I hadn't come across the forum yet), as I was photographed outside of the stationary vehicle (see photo below).

Now, I read several Newcastle Airport-related threads and all the Newbie guides, but there are a few things that leave me dubious as to what to use in my defense plead, which I'm hoping someone with better insight can shed some light on: 

1 - all existing NewcAirp threads date back to before 2021, where the airport's byelaws included mentions of a parking firm being instructed to enforce parking rules, as set out in the bylaws. However, the new 2021 byelaws (https:/ /www.newcastleairport.com/media/4745/nial-byelaws-final-signed.pdf) do not contain any mentions of that; in fact, my PCN did not include any reference to byelaws being breached. 

2 - I found a very useful youtube video about the parking signage on the site (https:/ /www.youtube.com/watch?v=lRsRrx71fJo), which shows that only the big red signs are visible and readable whilst driving, and that the fine print that constitute a 'contract' on how to use the parking site (the white sign) is not readable unless you stop (contravening the red sign) to read it. All the signage that is visible throughout the site is located in sections of the road ALSO marked by a double red line (see photo of site below). This is different than many other car parks, where you can get out of the car and actually have time to read the signage across a site. You can only clearly read the red signs, and given their placement, it is very easy to assume that they're referring to the specific location where they're placed. 

3 - I did stop in the location indicated in the PCN, however as it's visible from the photos attached to the PCN, the area where the car is is not in a spot marked by red lines, and it's right before the barriers blocking the entrance to the Hotel's parking area, so I assumed it was okay to stop there. 



4 - the genuine intention was to drop off the person I was transporting inside the hotel's parking area, as that was where they were headed, but there was a taxi unloading passengers and luggage in front of it and my passenger just told me not to worry about it and that he would go on foot, hence the photo of us outside the car. I then reversed back onto the road and drove off. Now, I know that intention does not constitute valid grounds for defense, but equally, the only signage that was visible about the area was a set of signs (white and red) at the end of the lane that you have to go through to then access the hotel's entrance (see photo) and on the metal fencing adjacent to it, but there was no specific mention of the entrance itself being restricted. 
Furthermore, the junction itself is kind of a trap: if you enter it by mistake, you're forced to go into the hotel's parking area, as you can't do a U-turn, as per the sign seen there. 




5 - can my passenger be used as witness during the filing of the CC paperwork? I'm guessing not.

Thanks for reading thus far. Now, I am unsure if any of the above points apply when both sending the email to the BW legal solicitor in response to the LoC, and when drafting my defense. And if they do apply, how and when do I use them as evidence? 

many thanks

Suomi 

Coupon-mad

If you only have a LoC, just send exactly what the NEWBIES thread says.

KeithP

Forget byelaws. They only have relevance when avoiding transfer of a driver's liability to a keeper.