Newcastle Airport Drop Off - PCN. Enforceable?
Discussion
A couple of weeks ago I took my parents and sister to Newcastle airport and have since received a PCN for apparently contravening some bylaw or other.
The PCN contained 2 photos, neither of which showed any details of how or where I was actually parked.
The vehicle I was in was a hired Hyundai i800, so a fairly long vehicle and one I would class as a people carrier rather than a mini bus.
For reference I was parked in one of the 4 empty bays within the hatched area towards the north end of the drop off area.
I did notice a sign noting something along the lines of `mini buses and vehicles over x'.xx" parking' when entering the drop off area. But this leads you off down a separate lane and to a different drop off area. Again, as my vehicle was below the height restrictions of the normal drop off area and in my view, not a mini bus, I did not enter this area as I was aware it could have incurred a fine for the misuse of it.
Based on the above and the scant information shown on the PCN letter I have appealed against the fine,which is £60 if i pay now or £100 if i pay beyond a certain number of days from the issue of the PCN.
Now had I parked across a zebra crossing or suchlike, or in a `me me me' type manner then I could have accepted the fine and paid it. However I specifically parked in those 4 spaces at the top as they are longer spaces and more suitable for the vehicle I was driving and would not hang over in to the road behind.
I have since received this response from the parking firm.
hank you for your letter of appeal against the Parking Charge Notice issued by us on 04.06.2018
Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:
`The vehicle was captured via CCTV footage loading/unloading whilst stationary in an area that is well signed with notices stating: “Parking In This Area Is Restricted To Vehicles With A Maximum Of 7 Seats Or a Maximum Height of 2.0M”, see attached. There are signs around the entire airport complex including at the entrance that clearly state the restrictions in place. Security at the airport is paramount and any vehicle captured loading/unloading in any area other than the official car parks is immediately issued a notice by the CCTV operator.
The specification for your vehicle shows it has more than the maximum permitted seats. Therefore, you should have entered the area specifically for vans/minibuses, see attached.'
Ok so the vehicle does have 8 seats, and in doing what I believed to be the correct thing, I may have actually done the wrong thing? But I dd genuinely believe that the other 7 seats and above area was for your typical transit and above type minibus.
Is the PCN enforceable?
The PCN contained 2 photos, neither of which showed any details of how or where I was actually parked.
The vehicle I was in was a hired Hyundai i800, so a fairly long vehicle and one I would class as a people carrier rather than a mini bus.
For reference I was parked in one of the 4 empty bays within the hatched area towards the north end of the drop off area.
I did notice a sign noting something along the lines of `mini buses and vehicles over x'.xx" parking' when entering the drop off area. But this leads you off down a separate lane and to a different drop off area. Again, as my vehicle was below the height restrictions of the normal drop off area and in my view, not a mini bus, I did not enter this area as I was aware it could have incurred a fine for the misuse of it.
Based on the above and the scant information shown on the PCN letter I have appealed against the fine,which is £60 if i pay now or £100 if i pay beyond a certain number of days from the issue of the PCN.
Now had I parked across a zebra crossing or suchlike, or in a `me me me' type manner then I could have accepted the fine and paid it. However I specifically parked in those 4 spaces at the top as they are longer spaces and more suitable for the vehicle I was driving and would not hang over in to the road behind.
I have since received this response from the parking firm.
hank you for your letter of appeal against the Parking Charge Notice issued by us on 04.06.2018
Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:
`The vehicle was captured via CCTV footage loading/unloading whilst stationary in an area that is well signed with notices stating: “Parking In This Area Is Restricted To Vehicles With A Maximum Of 7 Seats Or a Maximum Height of 2.0M”, see attached. There are signs around the entire airport complex including at the entrance that clearly state the restrictions in place. Security at the airport is paramount and any vehicle captured loading/unloading in any area other than the official car parks is immediately issued a notice by the CCTV operator.
The specification for your vehicle shows it has more than the maximum permitted seats. Therefore, you should have entered the area specifically for vans/minibuses, see attached.'
Ok so the vehicle does have 8 seats, and in doing what I believed to be the correct thing, I may have actually done the wrong thing? But I dd genuinely believe that the other 7 seats and above area was for your typical transit and above type minibus.
Is the PCN enforceable?
It seems crystal clear to me, you were in a vehicle with eight seats and you parked in an area signed as being restricted to vehicles with seven or fewer seats.
Whether it's enforceable or not depends on a myriad of things like whether the signage complies with subsection whatever blah blah blah, there are others on here who seem to know their stuff on that and I certainly don't.
Were it me then, unless the signage wasn't clear, I'd be muttering insulting words at myself and paying the thing. In the eyes of some that no doubt makes me a victim of "the man" and bowing to the evil PCN tyranny
Whether it's enforceable or not depends on a myriad of things like whether the signage complies with subsection whatever blah blah blah, there are others on here who seem to know their stuff on that and I certainly don't.
Were it me then, unless the signage wasn't clear, I'd be muttering insulting words at myself and paying the thing. In the eyes of some that no doubt makes me a victim of "the man" and bowing to the evil PCN tyranny
airsafari87 said:
“Parking In This Area Is Restricted To Vehicles With A Maximum Of 7 Seats Or a Maximum Height of 2.0M”
The specification for your vehicle shows it has more than the maximum permitted seats. Therefore, you should have entered the area specifically for vans/minibuses, see attached.'
Ok so the vehicle does have 8 seats
Pay the fine. The specification for your vehicle shows it has more than the maximum permitted seats. Therefore, you should have entered the area specifically for vans/minibuses, see attached.'
Ok so the vehicle does have 8 seats
It's covered by bye-laws, so no contractual breach could have occurred.
The bye-law states the owner is liable for a penalty, and must be enforced by the local magistrates, not a private company.
They only have 6 months to get you in front of a magistrate, and it must be the landowner, not the parking company.
In short, the private parking company are saying "pay us £100, and we'll make sure nobody takes you to court", the reality being that nobody gets taken to court anyway.
I do try to transfer these type of "fines" to the users of the fleet I manage - some will, some wont transfer. I have a template letter that explains in plain english why they can not possibly enforce their "fine". Despite hundreds (literally) of letters from solicitors over the last 4 years, none of these bye-law locations ever result in court action.
The parking companies know they are unenforceable, but whilst people continue to pay up, they continue to issue them.
The bye-law states the owner is liable for a penalty, and must be enforced by the local magistrates, not a private company.
They only have 6 months to get you in front of a magistrate, and it must be the landowner, not the parking company.
In short, the private parking company are saying "pay us £100, and we'll make sure nobody takes you to court", the reality being that nobody gets taken to court anyway.
I do try to transfer these type of "fines" to the users of the fleet I manage - some will, some wont transfer. I have a template letter that explains in plain english why they can not possibly enforce their "fine". Despite hundreds (literally) of letters from solicitors over the last 4 years, none of these bye-law locations ever result in court action.
The parking companies know they are unenforceable, but whilst people continue to pay up, they continue to issue them.
airsafari87 said:
A couple of weeks ago I took my parents and sister to Newcastle airport and have since received a PCN for apparently contravening some bylaw or other.
The PCN contained 2 photos, neither of which showed any details of how or where I was actually parked.
The vehicle I was in was a hired Hyundai i800, so a fairly long vehicle and one I would class as a people carrier rather than a mini bus.
For reference I was parked in one of the 4 empty bays within the hatched area towards the north end of the drop off area.
I did notice a sign noting something along the lines of `mini buses and vehicles over x'.xx" parking' when entering the drop off area. But this leads you off down a separate lane and to a different drop off area. Again, as my vehicle was below the height restrictions of the normal drop off area and in my view, not a mini bus, I did not enter this area as I was aware it could have incurred a fine for the misuse of it.
Based on the above and the scant information shown on the PCN letter I have appealed against the fine,which is £60 if i pay now or £100 if i pay beyond a certain number of days from the issue of the PCN.
Now had I parked across a zebra crossing or suchlike, or in a `me me me' type manner then I could have accepted the fine and paid it. However I specifically parked in those 4 spaces at the top as they are longer spaces and more suitable for the vehicle I was driving and would not hang over in to the road behind.
I have since received this response from the parking firm.
hank you for your letter of appeal against the Parking Charge Notice issued by us on 04.06.2018
Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:
`The vehicle was captured via CCTV footage loading/unloading whilst stationary in an area that is well signed with notices stating: “Parking In This Area Is Restricted To Vehicles With A Maximum Of 7 Seats Or a Maximum Height of 2.0M”, see attached. There are signs around the entire airport complex including at the entrance that clearly state the restrictions in place. Security at the airport is paramount and any vehicle captured loading/unloading in any area other than the official car parks is immediately issued a notice by the CCTV operator.
The specification for your vehicle shows it has more than the maximum permitted seats. Therefore, you should have entered the area specifically for vans/minibuses, see attached.'
Ok so the vehicle does have 8 seats, and in doing what I believed to be the correct thing, I may have actually done the wrong thing? But I dd genuinely believe that the other 7 seats and above area was for your typical transit and above type minibus.
Is the PCN enforceable?
Write back and ask then under what authority can a private company enforce byelaws. They are asking for £60 in lieu of prosecution which is illegal. Basically you need to play letter ping pong for 6 months to time out any potenital action by the landownerThe PCN contained 2 photos, neither of which showed any details of how or where I was actually parked.
The vehicle I was in was a hired Hyundai i800, so a fairly long vehicle and one I would class as a people carrier rather than a mini bus.
For reference I was parked in one of the 4 empty bays within the hatched area towards the north end of the drop off area.
I did notice a sign noting something along the lines of `mini buses and vehicles over x'.xx" parking' when entering the drop off area. But this leads you off down a separate lane and to a different drop off area. Again, as my vehicle was below the height restrictions of the normal drop off area and in my view, not a mini bus, I did not enter this area as I was aware it could have incurred a fine for the misuse of it.
Based on the above and the scant information shown on the PCN letter I have appealed against the fine,which is £60 if i pay now or £100 if i pay beyond a certain number of days from the issue of the PCN.
Now had I parked across a zebra crossing or suchlike, or in a `me me me' type manner then I could have accepted the fine and paid it. However I specifically parked in those 4 spaces at the top as they are longer spaces and more suitable for the vehicle I was driving and would not hang over in to the road behind.
I have since received this response from the parking firm.
hank you for your letter of appeal against the Parking Charge Notice issued by us on 04.06.2018
Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:
`The vehicle was captured via CCTV footage loading/unloading whilst stationary in an area that is well signed with notices stating: “Parking In This Area Is Restricted To Vehicles With A Maximum Of 7 Seats Or a Maximum Height of 2.0M”, see attached. There are signs around the entire airport complex including at the entrance that clearly state the restrictions in place. Security at the airport is paramount and any vehicle captured loading/unloading in any area other than the official car parks is immediately issued a notice by the CCTV operator.
The specification for your vehicle shows it has more than the maximum permitted seats. Therefore, you should have entered the area specifically for vans/minibuses, see attached.'
Ok so the vehicle does have 8 seats, and in doing what I believed to be the correct thing, I may have actually done the wrong thing? But I dd genuinely believe that the other 7 seats and above area was for your typical transit and above type minibus.
Is the PCN enforceable?
Stick a post on pepipoo (http://forums.pepipoo.com/index.php?showforum=60). One of the posters Lynnzer has done a lot of stuff on newcastle Airport and what to do to get it cancelled. Basically they are operating "illegally" and will never take you to court as this will blow their business out of the water
Edited by pavarotti1980 on Thursday 14th June 14:00
Cardinal Hips said:
airsafari87 said:
“Parking In This Area Is Restricted To Vehicles With A Maximum Of 7 Seats Or a Maximum Height of 2.0M”
The specification for your vehicle shows it has more than the maximum permitted seats. Therefore, you should have entered the area specifically for vans/minibuses, see attached.'
Ok so the vehicle does have 8 seats
Pay the fine. The specification for your vehicle shows it has more than the maximum permitted seats. Therefore, you should have entered the area specifically for vans/minibuses, see attached.'
Ok so the vehicle does have 8 seats
As I understand it, rules on signeage are quite strict and unless it's absolutely clear and easily visible then on appeal most tickets are rejected. Driving into a drop off zone at a busy airport where you are only going to be a minute or two and not staying or purchasing a ticket where you are able to read signeage fully, in a vehicle you are unfamiliar with as it's hired, would seem to me to be good grounds for refusing to be blackmailed by these companies who are, in the main, complete rogues.
Refuse to pay on these grounds, they can take you to small claims court where you will have opportunity to state your case, worst case scenario is they win, you pay the fine and end of story, but this is extremely rare, they usually just send loads of threatening letters on a variety of different letterheads and give up. It is best if you reply, state your case, do a formal appeal (which is not what you have done yet). Don't waste time replying to their many threatening letters.
There are thousands of threads around about this sort of thing and there is a lot of good advice out there as well.
jm doc said:
Hyundai designate the vehicle as a PEOPLE CARRIER and it's also under the height restriction. If he had parked in the area which was SPECIFICALLY for vans/minibuses, then undoubtedly he would have got a ticket for that.
As I understand it, rules on signeage are quite strict and unless it's absolutely clear and easily visible then on appeal most tickets are rejected. Driving into a drop off zone at a busy airport where you are only going to be a minute or two and not staying or purchasing a ticket where you are able to read signeage fully, in a vehicle you are unfamiliar with as it's hired, would seem to me to be good grounds for refusing to be blackmailed by these companies who are, in the main, complete rogues.
Refuse to pay on these grounds, they can take you to small claims court where you will have opportunity to state your case, worst case scenario is they win, you pay the fine and end of story, but this is extremely rare, they usually just send loads of threatening letters on a variety of different letterheads and give up. It is best if you reply, state your case, do a formal appeal (which is not what you have done yet). Don't waste time replying to their many threatening letters.
There are thousands of threads around about this sort of thing and there is a lot of good advice out there as well.
They definitely wont be going to court. If they do their entire business model will be exposed and ripped apart rendering them completely redundant which would be a real shameAs I understand it, rules on signeage are quite strict and unless it's absolutely clear and easily visible then on appeal most tickets are rejected. Driving into a drop off zone at a busy airport where you are only going to be a minute or two and not staying or purchasing a ticket where you are able to read signeage fully, in a vehicle you are unfamiliar with as it's hired, would seem to me to be good grounds for refusing to be blackmailed by these companies who are, in the main, complete rogues.
Refuse to pay on these grounds, they can take you to small claims court where you will have opportunity to state your case, worst case scenario is they win, you pay the fine and end of story, but this is extremely rare, they usually just send loads of threatening letters on a variety of different letterheads and give up. It is best if you reply, state your case, do a formal appeal (which is not what you have done yet). Don't waste time replying to their many threatening letters.
There are thousands of threads around about this sort of thing and there is a lot of good advice out there as well.
pavarotti1980 said:
jm doc said:
Hyundai designate the vehicle as a PEOPLE CARRIER and it's also under the height restriction. If he had parked in the area which was SPECIFICALLY for vans/minibuses, then undoubtedly he would have got a ticket for that.
As I understand it, rules on signeage are quite strict and unless it's absolutely clear and easily visible then on appeal most tickets are rejected. Driving into a drop off zone at a busy airport where you are only going to be a minute or two and not staying or purchasing a ticket where you are able to read signeage fully, in a vehicle you are unfamiliar with as it's hired, would seem to me to be good grounds for refusing to be blackmailed by these companies who are, in the main, complete rogues.
Refuse to pay on these grounds, they can take you to small claims court where you will have opportunity to state your case, worst case scenario is they win, you pay the fine and end of story, but this is extremely rare, they usually just send loads of threatening letters on a variety of different letterheads and give up. It is best if you reply, state your case, do a formal appeal (which is not what you have done yet). Don't waste time replying to their many threatening letters.
There are thousands of threads around about this sort of thing and there is a lot of good advice out there as well.
They definitely wont be going to court. If they do their entire business model will be exposed and ripped apart rendering them completely redundant which would be a real shameAs I understand it, rules on signeage are quite strict and unless it's absolutely clear and easily visible then on appeal most tickets are rejected. Driving into a drop off zone at a busy airport where you are only going to be a minute or two and not staying or purchasing a ticket where you are able to read signeage fully, in a vehicle you are unfamiliar with as it's hired, would seem to me to be good grounds for refusing to be blackmailed by these companies who are, in the main, complete rogues.
Refuse to pay on these grounds, they can take you to small claims court where you will have opportunity to state your case, worst case scenario is they win, you pay the fine and end of story, but this is extremely rare, they usually just send loads of threatening letters on a variety of different letterheads and give up. It is best if you reply, state your case, do a formal appeal (which is not what you have done yet). Don't waste time replying to their many threatening letters.
There are thousands of threads around about this sort of thing and there is a lot of good advice out there as well.
jm doc said:
I'm sure you are right, and obviously it would be a complete disaster for us all if that happened, but I didn't feel I should state it categorically to someone posting on an internet forum, not least because in theory they could actually go to court.
They could go to court but would you if threat of going could destroy your business. not sure if it is still a dormant company who are contracted by Newcastle Airport but a different registered company are operating??This is also widely posted on various other forums so nothing contentious
Isn't a minibus 8 passenger seats or more?
If it wasn't, anyone passing after 1997 would need a D1 licence to drive that specific car
edit:
"Parking In This Area Is Restricted To Vehicles With A Maximum Of 7 Seats Or a Maximum Height of 2.0M"
Other than the fact you already meet the qualification because the vehicle is under 2m, does the sign say "7 passenger seats" ? That would make more sense
If it wasn't, anyone passing after 1997 would need a D1 licence to drive that specific car
edit:
"Parking In This Area Is Restricted To Vehicles With A Maximum Of 7 Seats Or a Maximum Height of 2.0M"
Other than the fact you already meet the qualification because the vehicle is under 2m, does the sign say "7 passenger seats" ? That would make more sense
Edited by essayer on Thursday 14th June 14:37
airsafari87 said:
"Security at the airport is paramount and any vehicle captured loading/unloading in any area other than the official car parks is immediately issued a notice by the CCTV operator."
I hate how these outfits use the 'security' bandwagon. You were in an official car park anyway.
pavarotti1980 said:
Write back and ask then under what authority can a private company enforce byelaws. They are asking for £60 in lieu of prosecution which is illegal. Basically you need to play letter ping pong for 6 months to time out any potenital action by the landowner
Stick a post on pepipoo (http://forums.pepipoo.com/index.php?showforum=60). One of the posters Lynnzer has done a lot of stuff on newcastle Airport and what to do to get it cancelled. Basically they are operating "illegally" and will never take you to court as this will blow their business out of the water
Parking and traffic movement is regulated within the airport byelaws.Stick a post on pepipoo (http://forums.pepipoo.com/index.php?showforum=60). One of the posters Lynnzer has done a lot of stuff on newcastle Airport and what to do to get it cancelled. Basically they are operating "illegally" and will never take you to court as this will blow their business out of the water
Edited by pavarotti1980 on Thursday 14th June 14:00
Newcastle International Airport Limited in exercise of the powers conferred on it by sections 63(1) to (5) and 64 of the Airports Act 1986 and section 37 of the Criminal Justice Act 1982, makes the following byelaws which shall apply within Newcastle International Airport.
3. PENALTIES
3.1 Any person contravening any of the following byelaws or anyone assisting or procuring others to do so shall be liable on summary conviction to a fine which, in respect of a contravention of:
3.1.1 byelaws 4.11 or 5.19 shall not exceed level 2 on the standard scale;
3.1.2 byelaws 4.1, 4.2,4.26,4.7, 4.8, 4.9, 4.10, 5.1, 5.2, 5.5, 5.14, 5.8, 5.11, 6.1,
6.1.2, 6.1.3, 6.7, 6.8 or 6.12 shall not exceed level 4 on the standard scale;
3.1.3 any other byelaw shall not exceed level 3 on the standard scale.
3.2 As at the date of these byelaws the relevant levels of the standard scale, by virtue of Section 37(2) of the Criminal Justice Act 1982, are as follows:
3.2.1 level 2-£500;
3.2.2 level 3-£1,000;
3.2.3 level 4 - £2,500.
3.3 These levels are, however, subject to amendment from time to time by statute or by an order under section 143 of the Magistrates' Courts Act 1980.
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:
NIAL/Byelaws/2009/v2 5
3.3.1 Apply a Parking Charge Notice
3.3.1.1 A Parking Charge Notice (PCN) may be issued in respect of the vehicle. The PCN will
specify:
3.3.1.1.1 the sum the registered keeper is required to pay;
3.3.1.1.2 the time within which the payment must be made; and
3.3.1.1.3 the address to which the payment must be sent.
3.3.1.2 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;
or
3.3.2 Apply a wheel clamp to the vehicle
3.3.2.1 The Company, its servants and agents adhere to the British Parking Association's Code of Practice for the clamping of vehicles.
3.3.2.2 Where any vehicle is clamped notices will be displayed giving a contact telephone number and also specifying the fee to be paid for the removal of the wheel clamp. On payment of the sum the clamp will be removed as soon as reasonably practicable; or
3.3.3 Remove the vehicle
The Company shall be entitled to remove any vehicle from an area of the Airport where a sign is displayed advising that any vehicle parked contrary to these byelaws will be removed by the Company. The signs will display a contact telephone number and will also specify the fee to be paid for the release of the vehicle. On payment of the fee the vehicle will be released as soon as reasonably practicable.
ElectricPics said:
Parking and traffic movement is regulated within the airport byelaws.
Newcastle International Airport Limited in exercise of the powers conferred on it by sections 63(1) to (5) and 64 of the Airports Act 1986 and section 37 of the Criminal Justice Act 1982, makes the following byelaws which shall apply within Newcastle International Airport.
3. PENALTIES
3.1 Any person contravening any of the following byelaws or anyone assisting or procuring others to do so shall be liable on summary conviction to a fine which, in respect of a contravention of:
3.1.1 byelaws 4.11 or 5.19 shall not exceed level 2 on the standard scale;
3.1.2 byelaws 4.1, 4.2,4.26,4.7, 4.8, 4.9, 4.10, 5.1, 5.2, 5.5, 5.14, 5.8, 5.11, 6.1,
6.1.2, 6.1.3, 6.7, 6.8 or 6.12 shall not exceed level 4 on the standard scale;
3.1.3 any other byelaw shall not exceed level 3 on the standard scale.
3.2 As at the date of these byelaws the relevant levels of the standard scale, by virtue of Section 37(2) of the Criminal Justice Act 1982, are as follows:
3.2.1 level 2-£500;
3.2.2 level 3-£1,000;
3.2.3 level 4 - £2,500.
3.3 These levels are, however, subject to amendment from time to time by statute or by an order under section 143 of the Magistrates' Courts Act 1980.
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:
NIAL/Byelaws/2009/v2 5
3.3.1 Apply a Parking Charge Notice
3.3.1.1 A Parking Charge Notice (PCN) may be issued in respect of the vehicle. The PCN will
specify:
3.3.1.1.1 the sum the registered keeper is required to pay;
3.3.1.1.2 the time within which the payment must be made; and
3.3.1.1.3 the address to which the payment must be sent.
3.3.1.2 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;
or
3.3.2 Apply a wheel clamp to the vehicle
3.3.2.1 The Company, its servants and agents adhere to the British Parking Association's Code of Practice for the clamping of vehicles.
3.3.2.2 Where any vehicle is clamped notices will be displayed giving a contact telephone number and also specifying the fee to be paid for the removal of the wheel clamp. On payment of the sum the clamp will be removed as soon as reasonably practicable; or
3.3.3 Remove the vehicle
The Company shall be entitled to remove any vehicle from an area of the Airport where a sign is displayed advising that any vehicle parked contrary to these byelaws will be removed by the Company. The signs will display a contact telephone number and will also specify the fee to be paid for the release of the vehicle. On payment of the fee the vehicle will be released as soon as reasonably practicable.
So can a private company enforce byelaw offences? Newcastle International Airport Limited in exercise of the powers conferred on it by sections 63(1) to (5) and 64 of the Airports Act 1986 and section 37 of the Criminal Justice Act 1982, makes the following byelaws which shall apply within Newcastle International Airport.
3. PENALTIES
3.1 Any person contravening any of the following byelaws or anyone assisting or procuring others to do so shall be liable on summary conviction to a fine which, in respect of a contravention of:
3.1.1 byelaws 4.11 or 5.19 shall not exceed level 2 on the standard scale;
3.1.2 byelaws 4.1, 4.2,4.26,4.7, 4.8, 4.9, 4.10, 5.1, 5.2, 5.5, 5.14, 5.8, 5.11, 6.1,
6.1.2, 6.1.3, 6.7, 6.8 or 6.12 shall not exceed level 4 on the standard scale;
3.1.3 any other byelaw shall not exceed level 3 on the standard scale.
3.2 As at the date of these byelaws the relevant levels of the standard scale, by virtue of Section 37(2) of the Criminal Justice Act 1982, are as follows:
3.2.1 level 2-£500;
3.2.2 level 3-£1,000;
3.2.3 level 4 - £2,500.
3.3 These levels are, however, subject to amendment from time to time by statute or by an order under section 143 of the Magistrates' Courts Act 1980.
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:
NIAL/Byelaws/2009/v2 5
3.3.1 Apply a Parking Charge Notice
3.3.1.1 A Parking Charge Notice (PCN) may be issued in respect of the vehicle. The PCN will
specify:
3.3.1.1.1 the sum the registered keeper is required to pay;
3.3.1.1.2 the time within which the payment must be made; and
3.3.1.1.3 the address to which the payment must be sent.
3.3.1.2 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;
or
3.3.2 Apply a wheel clamp to the vehicle
3.3.2.1 The Company, its servants and agents adhere to the British Parking Association's Code of Practice for the clamping of vehicles.
3.3.2.2 Where any vehicle is clamped notices will be displayed giving a contact telephone number and also specifying the fee to be paid for the removal of the wheel clamp. On payment of the sum the clamp will be removed as soon as reasonably practicable; or
3.3.3 Remove the vehicle
The Company shall be entitled to remove any vehicle from an area of the Airport where a sign is displayed advising that any vehicle parked contrary to these byelaws will be removed by the Company. The signs will display a contact telephone number and will also specify the fee to be paid for the release of the vehicle. On payment of the fee the vehicle will be released as soon as reasonably practicable.
Can they offer to remove the threat of prosecution on receipt of payment?
The byelaw says that the company or its agent will issue a parking charge notice and take court action to recover it from the registered keeper if it isn't paid
The Protection of Freedoms Act (POFA 2012) says that UKPPO cannot recover charges from the registered keeper if the location is covered by byelaws
Edited by pavarotti1980 on Thursday 14th June 19:21
airsafari87 said:
Security at the airport is paramount and any vehicle captured loading/unloading in any area other than the official car parks is immediately issued a notice by the CCTV operator.
I think most answers are missing the key point. Had you been a terrorist intending something bad you'd now be retreating in the face of a PCN onslaught. Personally I think we should offer thanks to the CCTV operators for the important job they do.mebe said:
I think most answers are missing the key point. Had you been a terrorist intending something bad you'd now be retreating in the face of a PCN onslaught. Personally I think we should offer thanks to the CCTV operators for the important job they do.
In reality though the UKPPO "security" is a bloke sat in a transit van with a camera and nothing to do with maintaining airport security. In contrast the actual airport security do a good job
pavarotti1980 said:
mebe said:
I think most answers are missing the key point. Had you been a terrorist intending something bad you'd now be retreating in the face of a PCN onslaught. Personally I think we should offer thanks to the CCTV operators for the important job they do.
In reality though the UKPPO "security" is a bloke asleep in a transit van with a camera and nothing to do with maintaining airport security. In contrast the actual airport security do a good job
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