county court papers parking at newcastle Airport

[jennyaq]

I had papers which had been delivered when I was not at home, had only a day to get them back to the court, filled in the defend form, but put 'to follow' in the defence box, as had no idea what to do , can i still defend the claim as have no letters etc please help as time is ticking, date of pare 15th Feb.

thanks in advance

[ploddertom]

You need to tell us what happened etc.

[jennyaq]

Hi
thanks for getting back to me, just from the CC form delivery???? or whole scenario

[jennyaq]

i received the form from the county court dated the 15th of Feb in respect of a parking 'fine' from an Airport in 2017, i had not been at home at the time & when I opened it the 14 days was up on the Friday (next day) to respond, I tried to do the online thing several times without success so rang them, was on hold for about 40 mins started at 33 in the queue, by this time it was getting closer to 4pm, the guy on the phone told me to hand fill it & email it to them before 4pm or it wouldn't be accepted, so did this, with the minimum time to research properly, but to be honest there is so much info on line I couldn't really make head nor tail of it. Having finally had time to look around, I have seen that you shouldn't put anything in the defense box, but I had put 'to follow' as had no idea what to put & thought that if I'd not put anything that the would take that I had no defense, rookie error I know, so that's where I am with it & the time is running out to the 33 days. Just as well that i got home when I did or it would have probably have been through the court by now so just a bit stuck as to next steps really, just for good measure I was on holiday last week with little access to Wi Fi, so just worried now.

thanks in advance.

Just another question, who gives consent to share personal info about vehicles to organisations who aren't Govt bodies??? Bad craic in my view.

[ploddertom]

What or where have they said you were parked? Did you know about the ticket originally? Who are they alleging infringed their operation - driver or registered keeper? Did you appeal the original ticket?

[jennyaq]

had the original 2 years ago & followed the advice then to ignore, it was sent to the registered keeper with a picture of the rear of the car, car stopped for literally 2 mins, having left the car park which had been paid for, in the pitch black, couldn't see anything, don't want to put too much detail as have been told that they monitor this site & use the info in court.

cheers

[ploddertom]

In that case if they are alleging you stopped where you shouldn't have done then that is covered by the Airport Bye-laws which should be heard in the Magistrates Court. The Airport owner should have taken you to Court and they only had 6 months in which to do so. Is there any chance you can upload a copy of the Claim Form?

[jennyaq]

Hope that this is correct, think that I have redacted everything

thanks

[ostell]

So the driver allegedly parked at the airport, or was that stopped to get their bearings? Directions in that airport are not obvious.

Everyone, please edit posts so that the identity of the possible driver cannot be inferred. Use "the driver....."etc.

The land is subject to byelaws and hence the proper authority for any alleged contravention of the byelaws is properly the magistrates court and not the county court.

As the driver has not been identified then only POFA is available to transfer liability to the keeper. However as this is land subject to byelaws then POFA is not applicable and therefore there can be no keeper liability.

The land may also be subject to RTA enforcement and therefore the only enforcement allowed is by the police.

What do the signs say?

[jennyaq]

So the driver allegedly parked at the airport, or was that stopped to get their bearings? Directions in that airport are not obvious.

Everyone, please edit posts so that the identity of the possible driver cannot be inferred. Use "the driver....."etc.

The land is subject to byelaws and hence the proper authority for any alleged contravention of the byelaws is properly the magistrates court and not the county court.

As the driver has not been identified then only POFA is available to transfer liability to the keeper. However as this is land subject to byelaws then POFA is not applicable and therefore there can be no keeper liability.

The land may also be subject to RTA enforcement and therefore the only enforcement allowed is by the police.

What do the signs say?

Not sure as it was dark, the car literally stopped for 2 mins as it was leaving the long stay which had been paid for, I have put the form into the county court but the time runs out this weekend to present a defence. How can I stop this if it shouldn't be in the county court anyway???

[charitynjw]

On your response to the claim, in the 'defence' box, you have written "To follow".

I have heard (anecdotally) that some pedant at CCBC Northampton took this to be the defendant's entire defence.

[ostell]

In your defence you state that the corect court for this apparent brach of byelaws would be the magistrates court.