Newcastle Airport UKPPO BW Legal collective defence group

BountyHunter · 28 February 2019 at 8:21PM

Starting this thread as there are a group of us (11 at last count) that are currently in touch via WhatsApp as a result of Claim Forms dated 15 Feb for Parking Charge Notices at Newcastle Airport for stopping (outside of the car park) at various places on surrounding airport roads - claims dating back 2-3 years.

We are currently helping each other attempt to get through the minefield of information and are now at the point where we might need advice to confirm our ideas.

BountyHunter · 28 February 2019 at 8:22PM

If everyone in the WhatsApp group could hit “Thanks” in this post (2) to show who we have in the group (hope that’s allowed, promise I’m not just fishing for praise).

BountyHunter · 28 February 2019 at 8:27PM

So it would appear at first that the claims are all for “breaching the Airport Bye-laws” as detailed on the PCN.

Example:
“We have issued Parking Charge Notice (PCN) xxxxxx to you as the registered keeper of the above vehicle because it was observed on the xxxxx at xxxx in breach of the byelaws at 1315 Roads Surrounding Newcastle Airport that we are authorised to enforce. This charge is issued pursuant to the Newcastle International Airport Byelaws 2009 as referred to on the signage on the site. The registered keeper is liable to pay the parking charge for any contravention.”

And on the back of the PCN…

“Legal Issue
UK Parking Patrol Office Ltd have been authorised to enforce the Newcastle International Airport Byelaws 2009 and issue parking charge notices as an alternative to prosecution. Unlike a parking charge notice issued under the Protection of Freedoms Act, under Byelaw 3.3.1 the registered keeper is immediately held liable for the sum due.”

Newcastle Airport have byelaws in place dated 2009.

https://www.newcastleairport.com/about-your-airport/airport-byelaws/

Indeed the 3.3.1 byelaw does state:

“The PCN will also explain that unless payment is made in accordance with its terms, court action may be commenced to recover sum due from the registered keeper under the PCN together with costs, interest and any other sums legally recoverable”

The group are under the impression that approach roads to car park/ hotel etc. are considered public roads – therefore road traffic enactments apply rather than Byelaws.

However – if UKPPO want to base their claims on the fact that byelaws apply – we are more than happy to point out the 6 months timescale needed (now passed) to enforce through Magistrates courts as the first part of defence.

Does that sound the right course of action?

To be followed by why a contract was not enforced, to cover all bases in case the Byelaw argument isn’t successful and as group members have received contradictory responses:

1 member of the group appealed to UKPPO who stated “The charge is not issued under contract law and is not an attempt to recover damages for breaching a contract. The charge is an alternative to prosecution in the Magistrates Court for breaching the Airport Bye-laws”

Whereas another group member who skipped the Appeal stage and responded to BW Legal’s Letter before claim, received the response:

• Our Client's cause of action is that you breached the terms and conditions of the contract which you entered into by parking your vehicle in prohibited area.
• Our Client is pursuing you as the registered keeper of the vehicle.
• The details of the claim are that your vehicle parked in a prohibited area.
• The Parking Charge Notice (PCN) which you have been issued with is for a breach of contract. The only right which you have to enter the land in question are on the terms and conditions which apply. It is unnecessary to apply an analysis of offer, acceptance and consideration quite simply because the contract was formed on mutual promises. By parking your vehicle in the car park you have entered into a unilateral contract with Our Client. Acceptance does not have to be communicated, the act of parking your vehicle is acceptance.

Thank you for any advice you can offer.

Ballantyne78 · 28 February 2019 at 8:51PM

Evening folks, I'm in much the same boat, with little idea of how to proceed. Issue date on the letter I've received is 15.02.2019.

vmc-on-top · 28 February 2019 at 8:55PM

Thanks Bountyhunter!

grimnog · 28 February 2019 at 10:08PM

I have a friend who is a legal academic and his first thoughts on the matter produced the below. Any comments anyone?

1.The initial PCN was issued with the reason of "6.3 - Parking in Prohibited Area". This refers to Newcastle International Airport Byelaw 6.3, which provides as follows:

6.3 Parking in Prohibited Areas
Wait in, leave or park a vehicle where waiting or parking is prohibited by notice.

2.The word "leave" in byelaw 6.3 is not to be understood in the sense of "get out of a vehicle" but is instead to be understood in the sense of "abandon a vehicle". This is made clear by the use of the word "leave" in the other byelaws. Byelaw 6.2, for example, would make no sense if the word "leave" was interpreted as "get out of a vehicle", but makes perfect sense if interpreted as "abandon a vehicle".

3.For this reason byelaw 6.3 does not prohibit a person getting out of a vehicle. There being no suggestion that the car was actually parked or otherwise left in a prohibited area, there is no breach of byelaw 6.3.

4.In their reasons for rejecting the appeal, UK Parking Patrol Office Ltd state that the PCN was correctly issued because of the presence of signage prohibiting unloading / dropping off. In support of this point they include a photograph of the relevant signs.

grimnog · 28 February 2019 at 10:10PM

5.UK Parking Patrol Office Ltd do not state that there was a breach of byelaw 6.3, which is what the PCN stated. An appeal against an alleged breach of one byelaw cannot be rejected on the grounds that the conduct was a breach of another byelaw.

6.UK Parking Patrol Office Ltd give reasons that would suggest a breach of byelaw 6.9, which provides:

6.9 Observe Signs
Without reasonable excuse either when on foot or whilst using, driving or propelling a vehicle, neglect, fail or refuse to comply with an indication or direction given by:
6.9.1a traffic or pedestrian sign erected and displayed by or with the consent of the Company placed on or near a private Airport road;
6.9.2any road marking on such a road; or
6.9.3an Airport Official or Constable for the time being engaged in the regulation of traffic or pedestrians.

7.Whether or not the driver or passenger of the car was in breach of byelaw 6.9 is immaterial. This is because there is no power to award a PCN for breach of byelaw 6.9. The breaches that can be dealt with by way of PCN are limited in byelaw 3.3, which relevantly provides:

grimnog · 28 February 2019 at 10:11PM

3.3 Where any person parks or leaves a vehicle in contravention of any of byelaws 6.2 to 6.6, 6.10, 6.16 to 6.18, 7.1, 7.2 or 7.7, or otherwise contravenes any of those byelaws in relation to a vehicle, the Company or its agents may (in its/their absolute discretion) either: [issue a PCN]

8. Byelaw 6.9 is not included in byelaw 3.3 as a byelaw in respect of which a PCN may be issued.

9.For these reasons:
(i)there is no breach of byelaw 6.3;
(ii)there is no power to deal with breaches of byelaw 6.9 by PCN.

10.The PCN is therefore void.

(Sorry to have to split that between 3 posts - it wouldn’t let me do it in one go for some reason).

BWL1984 · 1 March 2019 at 9:51PM

Hi Bounty

I'm in the same boat. Any chance I can join WhatsApp group?

The_Deep · 3 March 2019 at 10:44AM

Every airport should have such a group.

BountyHunter · 3 March 2019 at 11:13AM

The_Deep wrote: »

Every airport should have such a group.

There are 15 of us now - defence to be posted soon for further advice.

All PCNs issued claiming breach of bylaws for stopping on airport roads outside of the car parks. The only differences are where the individuals stopped, for how long and whether Drivers stepped out of their cars or not - but essentially can be defended the same with a few tweaks.

Newcastle Airport UKPPO BW Legal collective defence group

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