parking fine claim form

[maisymoo]

hi, i would just like some help with a parking charge notice that i have been taken to court for. I did not own the vehicle at the time and told them this but its nearly 3 years later and they have taken me to court and i have 28 days to produce my defence and would appreciate some help with this
thankyou

[charitynjw]

Hi Maisymoo

What is the issue date on the court claim?

Have you filed an acknowledgement at court?

[maisymoo]

hi, the issue date is15/02/2019 and yes i filed an acknowledgement at court online through mcol 3 days ago

[charitynjw]

Ok

Why have you received the court claim?
Were you the vehicle's registered keeper? (DVLA database)

[maisymoo]

i received the court claim for a parking fine in newcastle airport on 8/4/2016, I phoned them at the time and told them i had sold the vehicle in the january and was told that swansea had me down as the registered keeper so i had to pay.,i then appealled it and i received this

UK Parking Patrol Office Ltd
Dept 309,
Great Northern House,
275 Deansgate
Manchester
M3 4EL

Parking Charge Number:

Vehicle Registration:

Dear Madam,

Thank you for your email.

The DVLA currently have you listed as the registered keeper of the above vehicle.

If you have sold the vehicle please submit the name & address of the new keeper.

Kind regards




Appeals Dept
UK Parking Patrol Office Ltd

I replied giving them the new keepers name and address and recieved a reply from them saying those were not the registered keepers details.


From recieving the fine i realised i had not received a slip from swansea confirming the vehicle was sold so i got in touch with the new keeper as its a friend, to find out if they had received the vc5 document and they had not, I then wrote to swansea explaining that i had sent the vc5 document off as soon as i had sold the vehicle and neither me nor the new keeper had received anything back from them, i was then sent an acknowledlement of sale out and the new keeper received the vc5 document dated the 13/01/2016 which was the date i sold the car

I phoned the company again to expain what had happened to be told it didnt matter the car was in my name when they inquired so i owed the fine.

In the back of my mind i thought i had done everything possible to comply with their requests and was getting nowhere, so thought i was ok to just ignore the letters they kept sending me. The problem im worried about now is when i have gone through my emails to support my case i have just noticed on the email i sent them with the new keepers name and address i have put number 2o instead of 27, had i noticed this sooner i would have corrected it but didn't realise until now.
,

Any advice you can give me on the best way forward is gratefully appreciated

[charitynjw]

Pmsl (excuse the mirth!)

As far as I know, Newcastle airport is governed under byelaws,

See the following link.
https://www.popla.co.uk/

[maisymoo]

i have read it but not sure i understand it, could you put it in leyman terms for me sorry

[maisymoo]

i received the fine in 2016 so not sure that would apply to me

[charitynjw]

Simply put, if land (other than railway land) is governed via byelaws, it is very doubtful whether the private parking co has authority to issue PCNs on that land.

& if not, you can't be 'done' via the byelaw....that has a 6 month window in which to prosecute.

[maisymoo]

so how can they take me to court if thats the case, so do you think they dont really have a case? What do you suggest i do now then?

[charitynjw]

The first thing to bear in mind is that there is a live court claim in play.
You must conform to court instructions/deadlines unless/until you can knock it out of the ballpark.
You have 33 days from the court claim issue to file a defence at court, so if you can't get the parking co/solicitors to abandon the claim, you must comply.

The problem with byelaw cases is that parking co's insist that it's ok to issue PCN's (well they would, wouldn't they) & it is difficult (but by no means impossible) to prove them wrong.
If they have started a county court claim, they are unlikely to back down..........yet!

Bear with me.
I'll see what I can dig up re Newcastle airport.

[charitynjw]

Ok

Newcastle airport byelaws.
https://www.newcastleairport.com/med...aws-2009-1.pdf

Section 6
Seems to cover any kind of parking offence in the airport grounds.

Whether this has been amended or not. I'm not sure.
But it's not easy to amend byelaws.....the airport authority can't just change them willynilly.

Why do they do it?
'cos if they prosecute via the byelaws, any fines go to the govt.....the parking co doesn't see a red cent of it (& they must prosecute within 6 months, whereas under the 'private parking regime' they have 6 years in which to take action.)

[maisymoo]

thankyou for taking the time to help me with this, so it looks like i have to go to court but do you think i have a chance of winning if i produce the vc5 doc and i could also prove that i taxed my new vehicle at that time?

[charitynjw]

I don't usually do this but........

Over on MSE there is a group dedicated to fighting PCNs at Newcastle Airport, so.......

Link to the page - https://forums.moneysavingexpert.com....php?t=5971217

I reckon that that is your best bet.....better than trying to sort it out by your lonesome, anyway!

Please keep us up to date on your progress though.

[maisymoo]

thankyou so much for all your help and yes i will keep you posted