Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • BountyHunter
    • By BountyHunter 28th Feb 19, 6:21 PM
    • 70Posts
    • 88Thanks
    BountyHunter
    Newcastle Airport UKPPO BW Legal collective defence group
    • #1
    • 28th Feb 19, 6:21 PM
    Newcastle Airport UKPPO BW Legal collective defence group 28th Feb 19 at 6:21 PM
    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.
Page 9
    • D_P_Dance
    • By D_P_Dance 20th Mar 19, 6:35 AM
    • 277 Posts
    • 373 Thanks
    D_P_Dance
    … and rather cheekily submitted a counterclaim for £1000 for harrasment

    That should attract their attention.
    Treat everyday as your last one on earth! and one day you will be right.
    • david_c88
    • By david_c88 20th Mar 19, 7:19 AM
    • 10 Posts
    • 17 Thanks
    david_c88
    I paid the £60 online. I only did it because I threatened them with it from
    My very first email and I like to keep me word 😂.

    My issue with the juristricfion....UKPPO are attempting to get a parking charge IAW para 6.3 which the byelaws allow for the operator to chase the costs so the specifics of their claim is the juristriction is with county court.

    Again...saying that, looking at byelaws for most other UK airports there is no allowance for parking charge notices so Newcastle is unique.

    Minefield.....but the roads leading upto the car parks - byelaws do not apply.
    • Umkomaas
    • By Umkomaas 20th Mar 19, 7:51 AM
    • 23,004 Posts
    • 36,522 Thanks
    Umkomaas
    My issue with the juristricfion....UKPPO are attempting to get a parking charge IAW para 6.3 which the byelaws allow for the operator to chase the costs so the specifics of their claim is the juristriction is with county court.
    If that's the main thrust for your case, you'll need to sort out 'juristricfion' (sic) and 'juristriction' (sic), neither of which appear in any dictionary, before you even attempt to explain it to a Judge.

    But at least having paid the filing fee, UKPPO can no longer walk away from a hearing (unless they settle your counterclaim beforehand). However, you do need to understand fully what the grounds of your cc are and be able to cogently argue them in front of a Judge.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • david_c88
    • By david_c88 20th Mar 19, 8:12 AM
    • 10 Posts
    • 17 Thanks
    david_c88
    Haha thanks for pointing out my spelling errors...was typing while at work so my attention wasn’t really on the post.....

    But no, that isn’t my case...thanks.
    • Computersaysno
    • By Computersaysno 20th Mar 19, 8:13 AM
    • 1,101 Posts
    • 864 Thanks
    Computersaysno
    Iíve recieved the same, already filed my defence and rather cheekily submitted a counterclaim for £1000 for harrasment 🤣
    Originally posted by david_c88

    You might need to change it to 'costs' as opposed to harassment [@£19/hr]...and book all the time you've spent reading and preparing it etc...not too difficult to get it up to £1000+!!!


    They do NOT want it tested in court...especially since they should be passing the monies raised onto the courts....instead the scumco pocket it for themselves!!!!
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • ianeverton
    • By ianeverton 20th Mar 19, 9:35 PM
    • 117 Posts
    • 61 Thanks
    ianeverton
    Iíve recieved the same, already filed my defence and rather cheekily submitted a counterclaim for £1000 for harrasment 🤣

    Happy to join any group but my defence sounds similar to what you guys are discussing.

    I even have evidence from Northumbria Police staring that the RTA DOES apply on the land.
    Originally posted by david_c88

    That's interesting with the Police stating that.
    • Castle
    • By Castle 21st Mar 19, 9:50 AM
    • 2,206 Posts
    • 2,990 Thanks
    Castle
    Minefield.....but the roads leading upto the car parks - byelaws do not apply.
    Originally posted by david_c88
    If you read section 145(3)(a) of the 1988 Road Traffic Act; the Act also applies to "or other public place" so it covers the public car parks as well!
    https://www.legislation.gov.uk/ukpga/1988/52/section/145
    • bilib
    • By bilib 21st Mar 19, 6:58 PM
    • 5 Posts
    • 4 Thanks
    bilib
    By public it's possibly meant as kept at public expense ie owned by the people



    The core definition of an unadopted road or a private one is that it's maintenance is not from the public purse.


    It's public owned. So ' to a public space' is not the same as 'for the public'.


    A shopping centre generally are not public spaces nor libraries built under a PFI for example
    • twhitehousescat
    • By twhitehousescat 21st Mar 19, 7:13 PM
    • 3,682 Posts
    • 4,628 Thanks
    twhitehousescat
    public , as in public right of access , just like a supermarket car park , they are maintained by supermarket Co , but you can still be breathalyzed by police on that land
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • bilib
    • By bilib 22nd Mar 19, 6:52 AM
    • 5 Posts
    • 4 Thanks
    bilib
    Road/ public place is decided on a case by case basis.


    At Airports either the byelaws apply airside only or the intention is that access roads used by the public are intended for safe/insured/licensed ... users and that includes lighting and parking as enactments setout. Byelaws can apply where enactments do not (regulations for car parks?) or further define in parallel to enactments. Littering for example is both a pollution offence and under varied byelaws.



    Definitely a valid question to ask in a defence but very dependant on the thoughts of a circuit judge on the day.



    My reading of the intention of such a broad inclusion of 'road traffic enactments' is to ensure road safety and other national/eu legislation are complied with. The argument that the parking etc byelaws have an airside only enforcement is both supported and undermined by the layout of the published byelaw.


    Newcastle document is less distinctive on the airside only intention than other airports other than that it in no way excludes the right of police to enforce any enactments. Example door security at a nightclub neither party in a entry dispute protected from prosecution for assault or an arrest.
    • Coupon-mad
    • By Coupon-mad 22nd Mar 19, 11:30 AM
    • 70,207 Posts
    • 82,782 Thanks
    Coupon-mad
    Iíve recieved the same, already filed my defence and rather cheekily submitted a counterclaim for £1000 for harrasment 🤣

    Happy to join any group but my defence sounds similar to what you guys are discussing.

    I even have evidence from Northumbria Police staring that the RTA DOES apply on the land.
    Originally posted by david_c88
    Can you provide that evidence to the group? send a private message to this thread starter and collaborate from start to finish.

    Love your case re harassment. Read Henry Hippo's case on pepipoo against UKPC where he had a successful counter-claim, as you need to lay it on THICK at Witness Statement stage about the distress caused, and cite the right parts of the Act (two WS will be needed for you, one in support of your counter-claim alone, and even if UKPPO discontinue their claim, you can force your CC - which remains 'live' - to a hearing by paying the hearing fee).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • david_c88
    • By david_c88 30th Mar 19, 1:48 PM
    • 10 Posts
    • 17 Thanks
    david_c88
    Can you provide that evidence to the group? send a private message to this thread starter and collaborate from start to finish.

    Love your case re harassment. Read Henry Hippo's case on pepipoo against UKPC where he had a successful counter-claim, as you need to lay it on THICK at Witness Statement stage about the distress caused, and cite the right parts of the Act (two WS will be needed for you, one in support of your counter-claim alone, and even if UKPPO discontinue their claim, you can force your CC - which remains 'live' - to a hearing by paying the hearing fee).
    Originally posted by Coupon-mad
    Ive been in contact with the thread starter

    With regards to the RTA, the definition of road as per Section 192 of the RTA 1988 is;

    in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes,

    Now my "offence" was on the roads leading upto the car parks, not in the car parks. You can drive straight to it without going through any barriers or anything. How can anyone say it is not a road that the public has access to? The RTA doesn't specify who fund it, just that the public must have access to it, therefore the RTA does apply as per the Byelaws (which are taken from the airports act 1986) the byelaws aren't applicable to that particular road.


    Now, if the car was stopped on a grass verge for example, the byelaws WOULD apply and there could be a PCN issued however not on the roads....and maybe not in the car park as you have to go through a barrier?
    • david_c88
    • By david_c88 30th Mar 19, 1:58 PM
    • 10 Posts
    • 17 Thanks
    david_c88
    Can you provide that evidence to the group? send a private message to this thread starter and collaborate from start to finish.

    Love your case re harassment. Read Henry Hippo's case on pepipoo against UKPC where he had a successful counter-claim, as you need to lay it on THICK at Witness Statement stage about the distress caused, and cite the right parts of the Act (two WS will be needed for you, one in support of your counter-claim alone, and even if UKPPO discontinue their claim, you can force your CC - which remains 'live' - to a hearing by paying the hearing fee).
    Originally posted by Coupon-mad
    And as per the counter-claim, it was always meant to be something to edge UKPPO towards dropping the idea of taking me to court but not its in I'm going to run with it

    Havent got my counter claim to hand so cant remember what I put down.


    Something about Protection from Harrasment Act 1997; Its states;


    A person must not pursue a course of conduct by which he intends to persuade any person to do something that he is not under any obligation to do.

    Their letters a pretty forceful threatening court action and CCJ's. I argue they have no right to issue me a PCN, therfore they are trying to persuade me to do something I am not under obligation to do.

    Never expected to win it, just wanted to see what happened. If I took it to court they could get a fine of upto £5000 if found guilty so £1000 seems fair?
    • Elliot_8
    • By Elliot_8 15th Apr 19, 8:00 PM
    • 6 Posts
    • 1 Thanks
    Elliot_8
    Newcastle Airport UKPPO BW Legal - CCJ
    Hi all,

    I received 2 PCN's in March 2018 when picking up and dropping off a friend at the Hotel Barrier at Newcastle Airport. I didn't respond to the letters as I didn't think they had legal grounds to pursue me and believed it to be scare tactics.

    Unfortunately whilst I have been away on Active Duty (RAF), BW Legal have entered two CCJ's against me (which I didn't have chance to appeal) and after seeking Legal Advice I have paid the fees to ensure my credit score is not effected for the next 6 years.

    Can I please be added to the WhatsApp group?

    I want to Appeal the decision but had to pay due to the time constraints and after speaking to the Court they would not give me an extension on the time period.

    Thanks in advance.

    Elliot
    • twhitehousescat
    • By twhitehousescat 15th Apr 19, 8:16 PM
    • 3,682 Posts
    • 4,628 Thanks
    twhitehousescat
    if those CCJs were issued more than 30 days ago , and you have paid , then they will be marked as satisfied , and WILL affect your credit "score"
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Elliot_8
    • By Elliot_8 15th Apr 19, 8:22 PM
    • 6 Posts
    • 1 Thanks
    Elliot_8
    I have paid them within 14 Days of being issued. I did go into the County Court today and they said it would have been £255 for each claim to be heard in Court so I paid to get the CCJ's off.
    • KeithP
    • By KeithP 15th Apr 19, 8:55 PM
    • 14,258 Posts
    • 16,181 Thanks
    KeithP
    That sounds like you have paid £255 each to have two hearings to have two Judgments set aside.

    Is that right?

    Or was each Judgment for £255?
    .
    • twhitehousescat
    • By twhitehousescat 15th Apr 19, 9:11 PM
    • 3,682 Posts
    • 4,628 Thanks
    twhitehousescat
    I read it that he has Funded paid them 2 x claims at escalated prices, instead of doing setasides and fighting them
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • KeithP
    • By KeithP 15th Apr 19, 9:17 PM
    • 14,258 Posts
    • 16,181 Thanks
    KeithP
    Twc, you may be right.
    Last edited by KeithP; 15-04-2019 at 9:20 PM.
    .
    • Elliot_8
    • By Elliot_8 15th Apr 19, 9:38 PM
    • 6 Posts
    • 1 Thanks
    Elliot_8
    For setasides I would have had to have two hearings which would have cost £510. My CCJ's were £268 each so I have paid that to get them off my file. If not the CCJ's would have gone on until the hearing was done and only be "satisfied" if i was to win the cases.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,478Posts Today

4,382Users online

Martin's Twitter
  • Have a great Easter, or a chag sameach to those like me attending Passover seder tomorrow. I?m taking all of next? https://t.co/qrAFTIpqWl

  • RT @rowlyc1980: A whopping 18 days off work for only 9 days leave! I?ll have a bit of that please......thanks @MartinSLewis for your crafty?

  • RT @dinokyp: That feeling when you realise that you have 18 days of work and only used 9 days of your annual leave! Thanks @MartinSLewis h?

  • Follow Martin