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Newcastle Airport Fine
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Better but I would put something like: You are no doubt aware that this airport is subject to byelaws. This is not and cannot be a civil debt. Should you proceed with a civil case an application will be made to strike it out as the civil court lacks jurisdiction to hear such cases.
Having been warned that such an application will be made I will hold you fully responsible for all and any fees associated with this and apply for all costs due to your unreasonable behaviour.
Feel free to tidy that up.0 -
Great, thanks everyone for all the help. I will get something sent today..0
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Quick question, does it go to the complaints email address or just log on to the portal to send it?0
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Hi,
So the response to my email is below.. Also received a letter of claim in the post today..
Thank you for your recent email, the contents of which have been noted on file.
Our Client is engaged by Newcastle International Airport Ltd to enforce the Newcastle International Airport Byelaws 2009 (Byelaws) and to (a) issue Parking Charge Notices (PCN) to vehicles parked in contravention of the Byelaws and (b) bring proceedings in its own name. It is fundamental to note that the Byelaws do not prevent our client from entering into a contract with a motorist. As such, any material breach of the terms and conditions (stated below) gives rise to a contractual claim which can be brought under civil proceedings (i.e. via the County Court). You are put to strict proof to the contrary.
The signage erected at the Site contained, inter alia, the following terms and conditions:
“PARKING NOTICE
RESTRICTED ZONE
NO STOPPING, PARKING, LOADING OR UNLOADING IN THIS AREA
STOPPING, PARKING, LOADING OR UNLOADING IN THIS AREA WILL RESULT IN A £100 PARKING CHARGE NOTICE BEING ISSUED. YOUR DETAILS MAY BE REQUESTED FROM THE DVLA.”
The signage situated across the Site forms a unilateral offer to anyone wishing to park their vehicle at the location. As the offer is a unilateral one, there is no need for the motorist to communicate their acceptance; the performance of parking in accordance with the terms and conditions is the act of acceptance. The signs are prominent and the terms and conditions are clearly displayed, and the motorist would have had the opportunity to read and understand them on parking at the Site. An objective observer would consider this action to have been done in acceptance of the terms and conditions.
The terms and conditions (referred to in the paragraph above), which you accepted upon entering the Site, are clear and unambiguous. The terms make it clear that you should not stop, park, load or unload your Vehicle. The enclosed photographs taken by the Automatic Number Plate Recognition(ANPR) cameras shows your Vehicle breaching the terms and conditions as the Vehicle had stopped/parked in an area where it was prohibited.
As a result of the breach, our client is well within their rights to issue the PCN and take all necessary steps (including bringing legal proceedings) to recover the outstanding charge.
Accordingly, the Balance is Due in full.
Should you have any queries please contact our office on 0113 487 0432, or alternatively sign in or register on our Online Customer Portal at https://www.bwlegal.co.uk.0 -
That reply makes no sense whatsoever. Is this a byelaws issue or a civil claim? They seem to be mangling the two together.
I would ask them exactly what basis are they issuing this claim byelaws or civil?0 -
Whilst some of that may be true against an admitted driver, there is no POFA compliance due to bylaws applying, meaning that a keeper would not be deemed as liable
They have issued mixed messages in that response, because if it was a parking charge then no offer to park existed and no intention to park was made, plus no grace periods were applied either
If it was a penalty notice then they cannot impose it and the bylaws apply
Typical bw legal trying to fudge the issues and I agreed with waamo, make them clarify which stance they are using because the two do not mix0 -
OK, Will send them something back. In the meantime I have the LOC to deal with also..0
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Hi,
I sent my SAR to UKPPO yesterday. Karen has just got back to me asking for proof of identification - do I need to send that?0 -
Yes
Otherwise they won't supply the info you need0 -
OK, Thanks0
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