Newquay Airport Parking POPLA appeal

Smii

kryten3000 said:

Their POFA wording is incorrect on the Notice to Keeper.  I would add a paragraph to tell the assessor why.

So point one is "not relevant land" - inside the boundary of the airport land, use the map to show this.
Point two - if, in the alternative the land is deemed to be relevant land then the notice fails POFA due to the inadequate wording.  

You will need to spell it out to the assessor in simple terms "up goer five" style [link snipped]

Thank you Kryten3000 - would you mind taking a moment to explain which bits are incorrect on the NTK, please? Beyond it being not relevant on the relevant land part, I looked through the requirements and it does seem like they've done everything they're supposed to. At least to my very novice eyes

Gr1pr

I didn't see any invitation for the keeper to pay,  check the pcn and Pofa2012 section

It was mentioned earlier about 

does not comply with 9.2 (c) of POFA as reason for issue too vague

And incorrect clock timings by Umkomaas too ( page 1 onwards  )

Smii

Gr1pr said:

I didn't see any invitation for the keeper to pay,  check the pcn and Pofa2012 section

It was mentioned earlier about 

does not comply with 9.2 (c) of POFA as reason for issue too vague

And incorrect clock timings by Umkomaas too ( page 1 onwards  )

I put incorrect clock timings and too vague in point 5.

Sadly they invite the keeper to pay - 

"As we do not know the driver's current name or postal address, you are now invited to either pay the charge, or if you were not the driver at the time..."

kryten3000

Kaizen2024 said:

Non-pofa IF not Relevant Land, which should attract a complaint for claiming otherwise; if this is the case (bylaws would need reading in full).

 Also, could be argued that does not comply with 9.2 (c) of POFA as reason for issue too vague.

Who are you and what have you done with the real Kaizen2024 ?!

Kaizen2024

I’m not a fan of Initial, incompetent company and convinced they get contracts due to Freemason nonsense.

Smii

I managed to get to the airport and visit the parking situation. 

Sadly I didn't have time to get photos of the entry signs but there are a lot of them and it would be hard to read them whilst you're driving in, but I dare say they meet the requirements for clarity. One claims "This is private land" which is fundamentally untrue.

As for the parking machines, if you were to just follow the on-screen instructions, you enter your reg number, press the card button and then it reads "£2.50 to pay" - shows the date - and "Press green button for ticket or increase amount using the blue + button below"

There is a sign above the display that I do not know if it was present when the driver experienced issues, but I do not believe that helps clarity. It reads:

"To pay for parking follow the onscreen instructions, making sure you choose the correct amount to pay, as displayed on the tariff board. 

If paying at the end of your parking session please ignore the time and date displayed when increasing the tariff.

For payments in excess of £90 please pay at our information desk in the check in hall"

Picture below...



I dare say that they could argue that these instructions are clear enough. However, "ignore the time and date displayed" is a hell of a way to say "we didn't program our machines properly so they don't work like they're supposed to"

I stupidly didn't get any pictures of the tariff boards in the room where the meters were. We were travelling somewhere else and had been on the road for 6+ hours so I was keen to not hang around.

Gr1pr

Why do you say that the airport is not private land  ? It may be under lease from a council , but i don't think it's a dealbreaker in your case.  There are more important aspects

Its certainly not Relevant land under POFA2012 

Reminds me more of ALMO's where councils think that they divorce a housing estate under an ALMO means that private parking companies can issue pcns, instead of being monitored by council CEO's ( wardens  )

One point about wordy signs on access roads and at the entrance are that the argument is that nobody can stop and study the alleged contract that the driver is supposedly agreeing to 

If people were able to study in your face signs, Lord Dennings red hand rule would be met,  more people would comply and there wouldn't be as many pcns or penalties issued

Its quite clear in the cases on here involving Manchester Airport and Apcoa in the last 6 months that the system is worse and not working as it should 

They used to get money from everyone leaving up until around May 2025, but now Apcoa are issuing pcns like confetti,  with no income from those who successfully challenge the pcns with our guidance 

This farce at Newquay reminds me of the early days with VCS at JLA

Smii

This is so far beyond my area of expertise but surely leasing land from a council doesn't make it private land? It's still council land. 
In any case, as you say - the POFA 2012 relevance is the important bit.

Assuming there's no other feedback on my proposed POPLA appeal I'll submit that today!

Thanks for your help everyone. I'll update when I hear back - hopefully with positive news.