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Dropping in petrol station at airport.
Comments
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Paragraph 3(1)(c) does not require byelaws to use the word “parking”. It asks whether the parking of vehicles is subject to statutory control.
Where statute regulates where vehicles may stop, stand, be left, remain, be removed, or requires compliance with signage and directions, the keeping or leaving of vehicles on that land is governed by statute. That is statutory control of parking, even if expressed through broader vehicle-control provisions.
If statutory control could be avoided simply because a byelaw regulates stopping, standing, authorisation, or removal rather than using the word “parking”, paragraph 3(1)(c) would be hollow. The test is whether vehicle presence is governed by statute rather than left wholly to private contract. If it is, the land is not relevant land and PoFA is excluded.
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FWIW you are the only person who is bringing up the question of whether the byelaws have to specifically use the word "parking". No one else has claimed that.
My point was that the land being subject to byelaws is not the question. It is whether the land is land on which parking is subject to byelaws.
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"My point was that the land being subject to byelaws is not the question. It is whether the land is land on which parking is subject to byelaws."
100% agree.
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As we are going round in circles, I am putting the point to an actual long serving district judge and will take their opinion as the definitive one. To avoid this spreading to more than one thread, I have put the point in this thread:
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I don't see how the PPC can make a charge stick if the driver fueled and/or used the shop, which is the purpose for which a petrol station exists.
Have terms that prevent drop offs by all means, but I'd love to see signage which made it a condition of the contract to stop and fuel that no passenger could leave a customer's vehicle.
Let's see the contract if forumites are going to argue interpretation or take a view.
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The bigger question is should airports charge a drop off fee to bring customers to their facility?
East midlands Airport introduced a drop off fee of 50p and this at the time cause outrage, prior to that you could stop for 20 minutes, then 15 then 10 - other airports were probably the same.
The drop off fee has increased over time, and it has become a cash cow, not even theme parks like Alton Towers, places that raise revenue everywhere, anywhere and anyhow they can charge a drop off fee.
If Airport drop off fees were outlawed by statute, and the system at East midlands Airport went back to the old 10 minutes/15 minutes ( added Driver MUST stay with vehicle rule) then there would be no need for people to get out in odd places, at a stroke wiping out any perceived need for the likes of APCOA and Excell/VCS as well as cars clogging up local villages/towns such as Diseworth ( in the case of EMA) but the drop off fees have become a cash cow, as has the PPC "no stopping" nonsense and both these cash cows are reliant on each other and it would appear that making money by whatever nefarious means comes before customers and the local communities surrounding the airport
As for passengers getting out of your vehicle then what as a driver are you supposed to do? if as at EMA the petrol station is within eyesight of the terminal and your passengers decide to leave from there then short of locking them or using physical force in they are free to go as they please
The Airport drop off fees, and the enfarcement vehicles have a ripple effect that spreads beyond the boundaries of the airport and negatively affects the local communities.
note, i have relatives in the Diseworth area, and i used to regularly use the petrol station at EMA as ( believe it or not) one time it was a cheap/reasonably priced place to fill up
From the Plain Language Commission:
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Did we get an opinion from the district judge?
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Did we get an opinion from the district judge?
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doubledotcomBANNEDThis user has been banned.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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