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Dear Members
I'm being sued by UK Parking Patrol Ltd on behalf of Newcastle Airport for allegedly parking on an approach road to the Hilton Hotel. In fact the car was being turned round at the Hilton barrier after the driver missed the entrance into the Short Stay Car Park. I ran across, threw my bag onto the back seat, leapt into the car (which had come to collect me) and we sped off. The vehicle was stationary for no more than 15 seconds, if that.
It's gone on for nearly 2 years with me writing 14 letters to 3 different debt collectors, the latest being a dreadful firm called BW Legal based in Leeds.
They have now issued proceedings and I'm in the process of drafting a defence.
I was not the driver but they've got my details from DVLA., wrongfully I believe, because the airport is not 'relevant land' (see Protection of Freedoms Act 2012, Schedule 4) as the parking is controlled by statute (the byelaws which they're suing me under).
The statement of claim is defective in that it fails to disclose any cause of action against me.
It fails to mention the byelaw they're claiming under (6.3 which is about parking) and crucially does not plead or explain how UKPP Ltd has the authority from the Airport to proceed against me. It also describes the vehicle wrongly - although that's a minor point.
What's more, the remedy in the byelaws is in the Magistrates' Court - 'upon summary conviction' - and the fine if any, is specified to be on Level 3 not exceeding £1,000. They have the option to apply a PCN (which they've done) but the sum claimed has to be 'legally recoverable'. It seems that to be 'legally recoverable' they must prove a breach of the byelaw and that must be done 'upon summary conviction', ie in a Magistrates' Court. And proceedings have to be started within 6 months of the alleged breach, so they're out of time. Am I right about all this?
I'm also counterclaiming for damages for unlawfully obtaining and using my data from DVLA under s. 13 of the Data Protection Act 1998 and for the distress caused by their relentless harassment.
Anybody had a similar claim by Newcastle Airport? And won?
Yours
Belsay Bugle
I'm being sued by UK Parking Patrol Ltd on behalf of Newcastle Airport for allegedly parking on an approach road to the Hilton Hotel. In fact the car was being turned round at the Hilton barrier after the driver missed the entrance into the Short Stay Car Park. I ran across, threw my bag onto the back seat, leapt into the car (which had come to collect me) and we sped off. The vehicle was stationary for no more than 15 seconds, if that.
It's gone on for nearly 2 years with me writing 14 letters to 3 different debt collectors, the latest being a dreadful firm called BW Legal based in Leeds.
They have now issued proceedings and I'm in the process of drafting a defence.
I was not the driver but they've got my details from DVLA., wrongfully I believe, because the airport is not 'relevant land' (see Protection of Freedoms Act 2012, Schedule 4) as the parking is controlled by statute (the byelaws which they're suing me under).
The statement of claim is defective in that it fails to disclose any cause of action against me.
It fails to mention the byelaw they're claiming under (6.3 which is about parking) and crucially does not plead or explain how UKPP Ltd has the authority from the Airport to proceed against me. It also describes the vehicle wrongly - although that's a minor point.
What's more, the remedy in the byelaws is in the Magistrates' Court - 'upon summary conviction' - and the fine if any, is specified to be on Level 3 not exceeding £1,000. They have the option to apply a PCN (which they've done) but the sum claimed has to be 'legally recoverable'. It seems that to be 'legally recoverable' they must prove a breach of the byelaw and that must be done 'upon summary conviction', ie in a Magistrates' Court. And proceedings have to be started within 6 months of the alleged breach, so they're out of time. Am I right about all this?
I'm also counterclaiming for damages for unlawfully obtaining and using my data from DVLA under s. 13 of the Data Protection Act 1998 and for the distress caused by their relentless harassment.
Anybody had a similar claim by Newcastle Airport? And won?
Yours
Belsay Bugle
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