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PCN airport parking Ignore or not?
Tyne81!
post Wed, 16 May 2018 - 10:57
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Hi guys,

I’m after some advise regarding a PCN received recently to the RK, can this be ignored or should I reply and if so which cause of action should I take?

It relates to a drop off at the express car park in Newcastle airport. The vehicle was used to drop off family and offload suitcases in which the vehicle would have been parked around 5 mins. The barrier that was entered was to the express car park but there was also a lane for vans/mini buses. The vehicle used was family vehicle larger than 7 seats.

Any advise would be much appreciated.

Many thanks,

T

This post has been edited by Tyne81!: Wed, 16 May 2018 - 12:54
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post Wed, 16 May 2018 - 10:57
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Tyne81!
post Wed, 16 May 2018 - 16:46
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http://tinypic.com/r/2mey7gh/9

Car park circled blue

Redivi, Would you still go with the template you posted before I assume it’s still going to be covered under the road traffic reactments anyway regardless

This post has been edited by Tyne81!: Wed, 16 May 2018 - 16:49
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nosferatu1001
post Thu, 17 May 2018 - 10:49
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A little out of date there Redivi. Thats 4:3, most screens nowadays are 16:9

1280x720 is a fairly common size, as its 720p of "HD" res.
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Tyne81!
post Thu, 24 May 2018 - 12:22
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After posting the the letter below advised by Redivi.

Dear Sir

Ref *****

I am challenging this Parking Notice

The Newcastle Airport Byelaws 2009 Section 6 states that the restrictions in this section apply to the private roads where the Road Traffic Enactments do not apply.
The location is freely accessed by the general public and the Road Traffic Enactments clearly do apply.

The Parking Notice must therefore be cancelled

Any other response will result in an immediate report to the DVLA that you have accessed my details without reasonable cause

Yours Faithfully

*******

This is the rejection response from them. So basically for going in the car park for cars instead of the minibus/larger than 7 seaters car park to offline ad suitcases?

http://tinypic.com/r/28sm0eh/9

The Vehicle is not even on the photo, just a pic of the car park.

http://tinypic.com/r/1zx1ik1/9


Next step anyone?

This post has been edited by Tyne81!: Thu, 24 May 2018 - 12:31
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nosferatu1001
post Thu, 24 May 2018 - 14:14
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If this was still on a roadway, ask them where this is restricted in the RTE, as pickng up and setting down is expressly allowed.

This post has been edited by nosferatu1001: Thu, 24 May 2018 - 14:41
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Redivi
post Thu, 24 May 2018 - 14:23
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Looks like you hit the Caps Lock key
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nosferatu1001
post Thu, 24 May 2018 - 14:40
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Whoops. Edited.
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Tyne81!
post Fri, 25 May 2018 - 11:23
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Should I just leave it at that, I.e the first letter and just ignore the numpties going forward?
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nosferatu1001
post Fri, 25 May 2018 - 11:29
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No, otherwise w ewould have said to ignore.
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ManxRed
post Fri, 25 May 2018 - 11:52
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Send them a letter asking where, specifically in the Road Traffic Enactments, it states that picking up and setting down is restricted, given that it is actually expressly allowed.


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Tyne81!
post Fri, 25 May 2018 - 16:35
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Ok will do, does it matter that a 9 seater was used to go into the normal car park accidentally instead of the mini bus car park, this is what they are saying ?
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nosferatu1001
post Sun, 27 May 2018 - 23:39
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Do you understand the point we're making? If you do you have your answer.
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Tyne81!
post Tue, 29 May 2018 - 10:07
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After asking them where specifically in the Road Traffic Enactments, it states that picking up and setting down is restricted, given that it is actually expressly allowed. this is their response?
How would you guys respond?


Thank you for your communication regarding the above Parking Charge Notice (PCN).

As advised to you in our written correspondence, as the land is subject to Bye-laws, the Bye-laws take presidence. Therefore, the Road Traffic Enactments are not relevant.
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ostell
post Tue, 29 May 2018 - 10:19
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Unfortunately (for them) the opposite is true.
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Tyne81!
post Tue, 29 May 2018 - 11:38
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Should I just send them the below

The Airports Act 1986 explicitly states that byelaws do not apply on airport roads to which the road traffic enactments apply. Only the Police have powers to act on breaches of the Road Traffic Act; not private parking companies.
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nosferatu1001
post Tue, 29 May 2018 - 14:09
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Yes. Ask them how the byelaws can apply when the byelaws explicitly and unambiguously states the opposite is the case?
Please give your authority for this, whether this is your own invention or this is the airports imstruction.
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Tyne81!
post Tue, 29 May 2018 - 14:20
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I sent them this: I think you will find the opposite is true, The Airports Act 1986 explicitly states that byelaws do not apply on airport roads to which the road traffic enactments apply.



Their response was:
If you are unhappy with our response then please escalate the matter to the IAS.
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nosferatu1001
post Tue, 29 May 2018 - 14:26
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I will not use the IAS as the appeals system is known to be rigged against the appellant. It is also inappropriate as you are claiming a criminal offence has occurred.

Your refusal to answer the question leads to the obvious conclusion.

Can you please confirm whether this is a charge under the byelaws or an offer to avoid prosecution?
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Tyne81!
post Tue, 29 May 2018 - 15:32
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I’ve replied so will post their response once received
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Tyne81!
post Tue, 29 May 2018 - 15:50
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And there response:


Please be advised that the charge was permitted under the Airport Bye-laws which, as acting agents of the Airport, we are entitled to enforce.

Any future correspondence, unless it is from the IAS, will be noted but not responded to.
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nosferatu1001
post Tue, 29 May 2018 - 16:08
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Fab
That's what you want.
Ask where this offence was proved, and what their autoroute is derived from? As they're claiming they can levy a fine, they must have authority from the SOS.
They've refused to positively engage,,have been shown to lie, and only have 6 months ...
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