Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: fluff34567 on September 28, 2025, 03:42:25 pm

Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: DWMB2 on November 29, 2025, 11:24:29 am
Initial have been trying various odd explanations over the years... I remember a few years back (when PePiPoo was still running) their argument was that the byelaws were just a "draft" because they hadn't been signed off by the secretary of state. Although one wonders why the airport publishes them as if they are live.

In this case they seem to have pivoted to claiming they don't exist at all.

Anyway, good result for your case!
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on November 29, 2025, 09:32:12 am
I otial changed the operation of the payment machines.    The Airport told me " hundreds, and I mean hundreds of people have complained  and received tickets"
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: InterCity125 on November 29, 2025, 09:06:03 am
There's no question in my mind that the media exposure has led to the parking operator withdrawing their case.

I would suggest that they simply didn't want their fraudulent business methods examined in greater detail - in particular the fraudulent nature of their PCNs / NtKs which claim keeper liability under PoFA when no such liability exists.

Add to that, the danger that this type of extended press exposure leads to a far greater number of drivers refusing to pay the PCNs - this particular location is probably a nice little earner for them so they have simply looked at the bigger picture.

 
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on November 29, 2025, 08:22:25 am
 I asked him for a draft to review but they refused to provide a draft.  I also provided them your explanation, which I strongly suggested  they use.   Of course they refused to listen to anything . 
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: b789 on November 29, 2025, 06:59:16 am
Terrible article and full of factual errors. Still, it will leave Initial feeling glum.

If it is your case that was being referred to, feel free to direct the reporter to me via this site or PM me and I can give him some accurate information.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on November 28, 2025, 06:21:51 pm
Dear all,

A local newspaper site has picked up the story..

Although some wording could be better it gets the basics across.


https://www.cornwalllive.com/news/cornwall-news/question-mark-over-legality-cornwall-10675108


This evening g I also received an email from POPLA :



The operator has contacted us and told us that they have withdrawn your appeal.

If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

Kind regards

POPLA Team




THANK YOU to b789, without his extensive help I wouldn't have been able to deal with this myself.


Thank you again..

And I will stay a regular  visitor and will direct other newquay airport victims this way.


Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 26, 2025, 06:15:31 pm
"Your appeal is now ready to be assessed and is currently in a queue waiting to be allocated. We expect to make a decision on your appeal 6-8 weeks from the point that the appeal was first submitted. The next communication that you will receive from us will be the decision on your appeal.

Kind regards

POPLA Team"


Long wait ahead.

The complaint will be submitted in the morning.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 26, 2025, 05:12:52 pm
Thank you for the revision and hard hitting  email.    I was also confused when the said no Byelaws exist, its right there on the site!   

Will be submitting it in the morning. 
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: b789 on October 26, 2025, 04:52:52 pm
Yes. Just copy and paste into the response webform. You cannot attach or format anything.

I also advise you to send the following to Initial Parking at complaints@initialparking.co.uk and CC info@britishparking.co.uk; kadoeservice.support@dvla.gov.uk and yourself as a follow up to the formal complaint:

Quote
Subject: Your false “no byelaws” claim – gross incompetence by Initial Parking and your solicitor

To: complaints@initialparking.co.uk
Cc: info@britishparking.co.uk; kadoeservice.support@dvla.gov.uk

Dear Initial Parking,

Your previous correspondence contained the astonishing claim that “no byelaws have been made” for Cornwall Airport Newquay. That is categorically false and displays an embarrassing lack of due diligence for a company purporting to operate airport parking.

The Cornwall Airport Newquay Airport Byelaws 2017, made under sections 63–64 of the Airports Act 1986, are published openly on the airport’s own website:

https://www.cornwallairportnewquay.com/wp-content/uploads/2025/10/CAL-Airport-Byelaws-January-2017.-1-1.pdf

It took me less than five minutes to locate this document and I attach it to this email to prove the point. If your legal adviser — the same individual who also represents the British Parking Association — failed to locate a public document and advised you that no byelaws exist, that speaks volumes about their competence and your own operational oversight.

The byelaws contain explicit provisions governing No Waiting or Parking (5(12)), Parking Charges (5(13)) and Parking and Airside Driving (5(14)), which clearly place the land under statutory control. Accordingly, Cornwall Airport Newquay is not “relevant land” under Schedule 4 of the Protection of Freedoms Act 2012, and you therefore have no lawful basis whatsoever to hold a keeper liable.

Your continued use of Notices to Keeper asserting PoFA liability on airport land constitutes:
[indent[• A breach of the Private Parking Single Code of Practice, paragraph 8.1.1(d); and
• A breach of your DVLA KADOE contract, as it involves the misuse of keeper data for an unlawful purpose.[/indent]

I have copied this email to both the BPA AOS Compliance Team and the DVLA KADOE Compliance Team, who will wish to review how a supposedly professional parking operator and its solicitor managed to make such an elementary legal error.

For the avoidance of doubt, I am not seeking cancellation of the PCN, as the matter is already before POPLA. However, should this proceed to litigation, I will draw the court’s attention to your misrepresentation of PoFA, your reliance on incompetent legal advice, and your clear non-compliance with both the PPSCoP and KADOE contract.

Your firm has demonstrated a breathtaking level of ignorance in assuming that you could rely on PoFA when operating on airport land governed by byelaws. You would be well advised to immediately:
1. Remove all references to PoFA or “keeper liability” from your NtKs for airport sites;
2. Undertake a full compliance audit of all such sites; and
3. Seek competent legal advice — ideally from someone capable of locating a document that appears on the airport’s own website.

I will also be drawing local media attention to this matter, highlighting your company’s apparent incompetence and disregard for statutory law. The public deserves to know that you are misrepresenting legal obligations and operating unlawfully on airport land. You may deal with the reputational consequences that follow.

Yours faithfully,

[Name]
Registered Keeper of [VRM]

Here is a link to a reduced size PDF of the byelaws that you can download and attach to the email:

https://www.dropbox.com/scl/fi/q93oo637vtchk0amd2qsa/CAL-Airport-Byelaws-January-2017.-1-1-2.pdf?rlkey=5zykrli10m3savi9glca0634s&st=fc6ca2ip&dl=0

As suggested in the email, you should be making contact with the media, especially local press, TV and radio about this farce, so that other recipients of PCNs at this location hnow their rights and not to identify the driver.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 26, 2025, 04:38:02 pm
sections merged - I think the order  is correct ?

"POPLA comments – Rebuttal of operator’s evidence on relevant land and keeper liability

The operator has dumped 52 pages of photos of signs and machines. None of that matters unless they MUST first prove that this is “relevant land” for PoFA Schedule 4. That is the gateway issue POPLA  MUST decide before looking at anything else. They have not proved it, so the rest of their bundle is irrelevant.

The operator’s central claim is that no byelaws have ever been made at Cornwall Airport Newquay. That is plainly wrong. Cornwall Airport Limited has published airport byelaws made under sections 63 and 64 of the Airports Act 1986. See:

https://www.cornwallairportnewquay.com/wp-content/uploads/2025/10/CAL-Airport-Byelaws-January-2017.-1-1.pdf.

Those byelaws include provisions regulating parking and vehicle use on the airport estate. That means parking on this land is subject to statutory control. Land subject to statutory control is not “relevant land” for the purposes of PoFA Schedule 4 paragraph 3. Because it is not relevant land, keeper liability cannot arise.

The operator’s “evidence” on this point is a self-ticked box in a private contract and a solicitor’s email. A private checkbox cannot override statute. A solicitor’s opinion (especially an incompetent one) is not statutory proof and, in any event, is contradicted by the airport’s own published byelaws. The burden of proof is on the operator to demonstrate that the land is relevant land under PoFA. They have not done so and cannot do so in the face of those byelaws.

The following clauses taken from the “Cornwall Airport Newquay, Airport Byelaws 2017, demonstrate clear statutory regulation of parking under the Airports Act 1986 and confirm that parking at Cornwall Airport Newquay is “subject to statutory control”.

- 5(12) No Waiting or Parking
Except in an emergency or to allow passengers to board or alight, no person shall cause or permit a vehicle to wait, stop or park:
(a) on any road, area, or place where waiting, stopping or parking is prohibited by notices;
(b) otherwise than in a parking area designated by the Airport Company;
(c) otherwise than in accordance with any instructions issued by the Airport Company or displayed on notices.

- 5(13) Parking Charges
No person shall leave a vehicle in a parking place without paying the appropriate charges for the period of parking.

-5(14) Parking and Airside Driving
No person shall park, drive, or operate any vehicle in any part of the Airport otherwise than in accordance with directions given by an authorised person or the Airport Company.

That alone is sufficient to prove the land is not relevant land for the purposes of Schedule 4 of the Protection of Freedoms Act 2012, and therefore no keeper liability can arise.


I am the registered keeper and I have not identified the driver. With PoFA unavailable on this site, there is no lawful route to hold the keeper liable. That ends the matter. There is nothing else for POPLA to consider.

Separately, the operator’s Notice to Keeper states or implies keeper liability under PoFA at this airport location. That is a breach of the Private Parking Single Code of Practice (PPSCoP) section 8.1.1(d), which requires that operators MUST NOT state the keeper is liable under PoFA where they cannot be held liable.

Misstating PoFA also breaches their DVLA KADOE obligations, which require PPSCoP compliance as a condition of data access. I will be making separate complaints to the BPA and DVLA about these compliance failures.

Conclusion: The airport byelaws  clearly demonstrate statutory control over parking at Cornwall Airport Newquay. The land is not relevant land for PoFA. The operator has not identified the driver. Keeper liability cannot apply. The appeal must be allowed.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 26, 2025, 04:22:36 pm
hi,  thank you once again -  some posts crossed in time.  I will add the info from the last post as thats specific  - ignore the edit on my post above. 
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: b789 on October 26, 2025, 03:51:54 pm
If you want to FUBAR this appeal, feel free to ignore the advice.

You must copy and paste the text I have provided above. It is too late to introduce new evidence at this stage. You are rebutting the operators evidence.

The ONLY addendum to the above is the following which you can add on at the end:

Quote
The following clauses taken from the “Cornwall Airport Newquay, Airport Byelaws 2017, demonstrate clear statutory regulation of parking under the Airports Act 1986 and confirm that parking at Cornwall Airport Newquay is “subject to statutory control”.

- 5(12) No Waiting or Parking
Except in an emergency or to allow passengers to board or alight, no person shall cause or permit a vehicle to wait, stop or park:
(a) on any road, area, or place where waiting, stopping or parking is prohibited by notices;
(b) otherwise than in a parking area designated by the Airport Company;
(c) otherwise than in accordance with any instructions issued by the Airport Company or displayed on notices.

- 5(13) Parking Charges
No person shall leave a vehicle in a parking place without paying the appropriate charges for the period of parking.

-5(14) Parking and Airside Driving
No person shall park, drive, or operate any vehicle in any part of the Airport otherwise than in accordance with directions given by an authorised person or the Airport Company.

That alone is sufficient to prove the land is not relevant land for the purposes of Schedule 4 of the Protection of Freedoms Act 2012, and therefore no keeper liability can arise.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 26, 2025, 03:06:15 pm
Why are you only telling us now that the driver is not an England/Wales resident? Introducing new evidence (such as naming the driver) at the POPLA evidence rebuttal stage is risky because POPLA is not obliged to consider new information that wasn’t part of the original appeal. The rebuttal window is strictly to comment on the operator’s evidence, not to add new factual material or legal arguments that weren’t already raised. You can identify the driver later, if POPLA do not accept your appeal, although that is not likely to be necessary.

However, just to prove how utterly incompetent their solicitor is, here is a link to the published byelaws at Cornwall Airport Newquay, which prove, without a doubt, that the land is not relevant for the purposes of PoFA:

Cornwall Airport Newquay Byelaws 2017 (https://www.cornwallairportnewquay.com/wp-content/uploads/2025/10/CAL-Airport-Byelaws-January-2017.-1-1.pdf)

You can copy and paste the following into the POPLA webform for your rebuttal of the operators evidence:

Quote
POPLA comments – Rebuttal of operator’s evidence on relevant land and keeper liability

The operator has dumped 52 pages of photos of signs and machines. None of that matters unless they first prove that this is “relevant land” for PoFA Schedule 4. That is the gateway issue POPLA must decide before looking at anything else. They have not proved it, so the rest of their bundle is irrelevant.

The operator’s central claim is that no byelaws have ever been made at Cornwall Airport Newquay. That is plainly wrong. Cornwall Airport Limited has published airport byelaws made under sections 63 and 64 of the Airports Act 1986. See:

https://www.cornwallairportnewquay.com/wp-content/uploads/2025/10/CAL-Airport-Byelaws-January-2017.-1-1.pdf.

Those byelaws include provisions regulating parking and vehicle use on the airport estate. That means parking on this land is subject to statutory control. Land subject to statutory control is not “relevant land” for the purposes of PoFA Schedule 4 paragraph 3. Because it is not relevant land, keeper liability cannot arise.

The operator’s “evidence” on this point is a self-ticked box in a private contract and a solicitor’s email. A private checkbox cannot override statute. A solicitor’s opinion (especially an incompetent one) is not statutory proof and, in any event, is contradicted by the airport’s own published byelaws. The burden of proof is on the operator to demonstrate that the land is relevant land under PoFA. They have not done so and cannot do so in the face of those byelaws.

I am the registered keeper and I have not identified the driver. With PoFA unavailable on this site, there is no lawful route to hold the keeper liable. That ends the matter. There is nothing else for POPLA to consider.

Separately, the operator’s Notice to Keeper states or implies keeper liability under PoFA at this airport location. That is a breach of the Private Parking Single Code of Practice (PPSCoP) section 8.1.1(d), which requires that operators MUST NOT state the keeper is liable under PoFA where they cannot be held liable.

Misstating PoFA also breaches their DVLA KADOE obligations, which require PPSCoP compliance as a condition of data access. I will be making separate complaints to the BPA and DVLA about these compliance failures.

Conclusion: The airport byelaws demonstrate statutory control over parking at Cornwall Airport Newquay. The land is not relevant land for PoFA. The operator has not identified the driver. Keeper liability cannot apply. The appeal must be allowed.

Thanks b789 and DWMB2 ! appreciated as always. - As you say its a load of waffle and simply an email as their sole piece of relevant "evidence".

As I doubt the capability of the POPLA being able to fully understand the relevant land issue because of byelaws,  is there something  else I could  add in to make it super clear and really drive the point...?

i may be totally wrong here but I believe a lot of railway car parks are subject to byelaws- would that also make them non relevant?  If so then could there also be  an addition something along the lines of " a similar situation exists in relation to many railway car parks not being relevant land as they are also subject to byelaws"    or similar, maybe highlight the  newquay airport byelaws restrict parking and conduct of taxis/private hire via byelaws so the Newquay airport area is clearly  under statutory control  etc    ?

In some recent searching I found an article in the  local press where loads of people are complaining about the recent changes  to parking tariffs since initial took over the car park so this is not an isolated case.  I called the airport yesterday and the lady said  hundreds of people and she really means hundreds have been complaining to the airport in the last months.

EDIT:  Looking through the airport byelaws - i noticed the penalties section, can add something into the popla rebuttal along lines of  " airport byelaws section - 2(4)  referring to the penalties that may be applicable to anyone violating the established airport bylaws  reference to criminal justice act 1982 -  and the set amount of any fine ( would include a copy paste).     As this exists it is clear the newquay airport land area is under statutory control given by sections 63 and 64 of the Airport  act, as stated in the airport byelaws.   Therefore any attempt by initial or the misguided and clearly false information provided by their solicitor to envoke relevant land under POFA, irrespective if a specific byelaws exists for parking control or not,  is without merit and obviously false. "

?????
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: b789 on October 23, 2025, 07:50:13 pm
Quote
Why are you only telling us now that the driver is not an England/Wales resident? 
They mentioned it in their opening post.

My bad. Too much to trawl back through.

Anyway, you should also send the following email, addressed to both the BPA and the DVLA at info@britishparking.co.uk and kadoeservice.support@dvla.gov.uk and CC yourself:

Quote
Subject: Formal Complaint – Initial Parking Ltd: Misuse of DVLA Data and Misrepresentation of Keeper Liability under PoFA (Cornwall Airport Newquay)

Dear [BPA/DVLA] Investigations Team,

This complaint has been submitted simultaneously to the British Parking Association (AOS Compliance Team) and the DVLA (KADOE Compliance Team) as both are responsible for oversight of operator compliance and data handling.

I write to lodge a formal complaint against Initial Parking Ltd (AOS Member, BPA) for systemic breaches of both the Private Parking Single Code of Practice (PPSCoP) and their KADOE contract with the DVLA. This complaint concerns the company’s repeated misrepresentation of keeper liability under the Protection of Freedoms Act 2012 (PoFA) in relation to parking charge notices issued at Cornwall Airport Newquay (P2 East, TR8 4RQ).

1. Summary of Misrepresentation
Initial Parking’s Notice to Keeper (NtK) for PCN [reference] explicitly invokes PoFA keeper liability on airport land that is not “relevant land” under Schedule 4, paragraph 3(1) of the Act. Cornwall Airport Newquay is owned by Cornwall Council, a statutory body, and designated under the Airport Byelaws (Designation) Order 2009 for the purposes of section 63 of the Airports Act 1986. Airport land subject to statutory control is excluded from PoFA by definition.

The operator’s misstatement of PoFA liability therefore constitutes a breach of PPSCoP section 8.1.1(d), which explicitly states:

“The parking operator MUST NOT serve a notice or include material on its website which in its design and/or language states the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.”

This unlawful claim of keeper liability is aggravated by the operator’s access to DVLA data under a contract which expressly prohibits such misuse.

2. Operator’s Misleading Response
Following a formal complaint, Initial Parking’s written response (dated 30 September 2025) stated:

No Byelaws have yet been made further to the Airport Byelaws (Designation) Order 2009… Accordingly, the PCN remains valid.

This is factually incorrect. Cornwall Airport Limited has published Airport Byelaws dated January 2017, available publicly at:

https://www.cornwallairportnewquay.com/wp-content/uploads/2025/10/CAL-Airport-Byelaws-January-2017.-1-1.pdf

These byelaws include sections on parking and vehicle control, confirming that the airport is under statutory control. Initial Parking’s false claim that “no byelaws have been made” demonstrates both incompetence and reckless disregard for their statutory obligations.

3. Breach of KADOE Contract
By misrepresenting PoFA liability on non-relevant land and issuing NtKs implying lawful transfer of liability, Initial Parking have breached their KADOE contract, which requires:
• Full compliance with the applicable Code of Practice (now the PPSCoP);
• Use of keeper data only for lawful purposes consistent with the Code and PoFA.

Initial Parking’s misuse of DVLA data to issue an invalid PoFA-based NtK constitutes unlawful processing of personal data obtained from the DVLA.

4. Requested Action
I request that both the BPA and DVLA:
1. Conduct a compliance investigation into Initial Parking’s use of PoFA wording on all NtKs issued at Cornwall Airport Newquay and any other sites under statutory control.
2. Require Initial Parking to amend all NtK templates and correspondence to remove unlawful PoFA references for non-relevant land.
3. Confirm what sanctions will be applied for these serious breaches of the PPSCoP and KADOE contract.
4. Require Initial Parking to contact all affected data subjects to correct their previous misstatements of legal liability.

Attached/available on request:
• Copy of Initial Parking’s NtK
• Complaint correspondence and their written reply
• Link to Cornwall Airport Byelaws (2017)

This is a serious matter of systemic legal misrepresentation and unlawful data use. I expect acknowledgment and confirmation of investigation.

Yours faithfully,

[Full name]
[Address]
Registered Keeper of vehicle [VRM]
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: DWMB2 on October 23, 2025, 07:35:10 pm
Quote
Why are you only telling us now that the driver is not an England/Wales resident? 
They mentioned it in their opening post.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: b789 on October 23, 2025, 07:28:19 pm
Why are you only telling us now that the driver is not an England/Wales resident? Introducing new evidence (such as naming the driver) at the POPLA evidence rebuttal stage is risky because POPLA is not obliged to consider new information that wasn’t part of the original appeal. The rebuttal window is strictly to comment on the operator’s evidence, not to add new factual material or legal arguments that weren’t already raised. You can identify the driver later, if POPLA do not accept your appeal, although that is not likely to be necessary.

However, just to prove how utterly incompetent their solicitor is, here is a link to the published byelaws at Cornwall Airport Newquay, which prove, without a doubt, that the land is not relevant for the purposes of PoFA:

Cornwall Airport Newquay Byelaws 2017 (https://www.cornwallairportnewquay.com/wp-content/uploads/2025/10/CAL-Airport-Byelaws-January-2017.-1-1.pdf)

You can copy and paste the following into the POPLA webform for your rebuttal of the operators evidence:

Quote
POPLA comments – Rebuttal of operator’s evidence on relevant land and keeper liability

The operator has dumped 52 pages of photos of signs and machines. None of that matters unless they first prove that this is “relevant land” for PoFA Schedule 4. That is the gateway issue POPLA must decide before looking at anything else. They have not proved it, so the rest of their bundle is irrelevant.

The operator’s central claim is that no byelaws have ever been made at Cornwall Airport Newquay. That is plainly wrong. Cornwall Airport Limited has published airport byelaws made under sections 63 and 64 of the Airports Act 1986. See:

https://www.cornwallairportnewquay.com/wp-content/uploads/2025/10/CAL-Airport-Byelaws-January-2017.-1-1.pdf.

Those byelaws include provisions regulating parking and vehicle use on the airport estate. That means parking on this land is subject to statutory control. Land subject to statutory control is not “relevant land” for the purposes of PoFA Schedule 4 paragraph 3. Because it is not relevant land, keeper liability cannot arise.

The operator’s “evidence” on this point is a self-ticked box in a private contract and a solicitor’s email. A private checkbox cannot override statute. A solicitor’s opinion (especially an incompetent one) is not statutory proof and, in any event, is contradicted by the airport’s own published byelaws. The burden of proof is on the operator to demonstrate that the land is relevant land under PoFA. They have not done so and cannot do so in the face of those byelaws.

I am the registered keeper and I have not identified the driver. With PoFA unavailable on this site, there is no lawful route to hold the keeper liable. That ends the matter. There is nothing else for POPLA to consider.

Separately, the operator’s Notice to Keeper states or implies keeper liability under PoFA at this airport location. That is a breach of the Private Parking Single Code of Practice (PPSCoP) section 8.1.1(d), which requires that operators MUST NOT state the keeper is liable under PoFA where they cannot be held liable.

Misstating PoFA also breaches their DVLA KADOE obligations, which require PPSCoP compliance as a condition of data access. I will be making separate complaints to the BPA and DVLA about these compliance failures.

Conclusion: The airport byelaws demonstrate statutory control over parking at Cornwall Airport Newquay. The land is not relevant land for PoFA. The operator has not identified the driver. Keeper liability cannot apply. The appeal must be allowed.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: DWMB2 on October 23, 2025, 04:26:01 pm
If in the event of a loss at POPLA  and the driver being a non UK resident  what then?  Can the registered keeper then simply say  " this was the driver - contact them" ?
In theory, if you provide a name and address for service prior to court proceedings commencing, then they cannot rely on the provisions of PoFA to recover the charges from you.

The parking company will attempt to resist this, as recovering charges from foreign residents is very difficult. If you have (or can acquire) any sort of evidence to back up your point - evidence they held insurance to drive your car at the time, for example - this might be sensible. It shouldn't be necessary, but more evidence is seldom a bad thing.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 23, 2025, 04:10:12 pm
@b789

This is the evidence pack submitted to popla from initial.

https://limewire.com/d/TXiqv#aT87xsyF0L 

all VRN and personal details have been redacted.  The last page is an email from the BPA solicitor - that was already redacted when the pack was received.

They seem to be upset about the AI part but a simple 15 second scan shows no AI at all - That sort of sets the standard for them.

Their  reasoning is as there is no bylaw regarding parking then everything is ok and POFA applies.

Obviously the  response needs to be hard / strong and very clear as im positive POPLA will side with initial given the solicitors  claim in the last page.



If in the event of a loss at POPLA  and the driver being a non UK resident  what then?  Can the registered keeper then simply say  " this was the driver - contact them" ?

Thanks in advance.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 23, 2025, 01:52:27 pm
Initial parking provided the evidence pack to POPLA today, the last day for submissions.    Seems they are quite upset as they state they have contacted their solicitor  from BPA over the claims/appeal.  The evidence pack from initial is about 58 pages.   I will scrub the personal details from it and upload  this evening. 
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 09, 2025, 02:30:33 pm
Wow b789,  thats hilarious and great/on point.   
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: b789 on October 09, 2025, 12:22:20 pm
You can respond to the Muppets at Initial with the following:

Quote
Subject: Formal Complaint – Misrepresentation of Law and PoFA Keeper Liability (PCN [reference])

Dear Initial Parking,

Your latest response is as embarrassing as it is wrong. It confirms that your company has absolutely no grasp of the law you’re attempting to rely on. I will try and simplify this or you may want to pass it to a responsible adult within your firm, who has at least a basic grasp of the law.

Cornwall Airport Newquay was designated under The Airport Byelaws (Designation) Order 2009 for the purposes of section 63 of the Airports Act 1986. That designation places the land under statutory control, and that’s all that matters. Whether or not local byelaws have subsequently been drafted, signed, laminated, or nailed to a wall is completely irrelevant. The land’s legal status was fixed the moment it was designated.

You might want to have the responsible adult in your office actually read the Protection of Freedoms Act 2012, Schedule 4, paragraph 3(1)(c). It excludes from “relevant land” any land “on which parking is subject to statutory control.” Once excluded, you cannot — under any circumstances — invoke PoFA to pursue a registered keeper. No amount of wishful thinking or creative fiction changes that.

Your attempt to claim that the land isn’t “subject to statutory control” because byelaws “have not yet been made” is laughable. That’s like claiming the Highway Code doesn’t apply until someone prints it in colour. The statutory control is there by virtue of the Airports Act and the Designation Order — it doesn’t need your approval, comprehension, or participation.

It’s astonishing that a company authorised to obtain DVLA keeper data still doesn’t understand such a basic point of law. Misstating keeper liability in this way breaches both the Private Parking Single Code of Practice and your KADOE contract. You are operating outside the terms of your authorisation and misleading the public.

Here’s what’s going to happen next:

1. You should cancel PCN [reference].

2. You should cease misrepresenting PoFA on any airport land.

3. You should correct your NtK templates before another one of these embarrassing legal blunders leaves your office.

If you do not confirm compliance within 14 days, this correspondence will be forwarded in full to the BPA Compliance Department and DVLA AOS Investigations, along with a copy of the Designation Order and your legally illiterate response.

Yours sincerely,

[Name]
Registered Keeper of [VRM]

Depending on their response, remind me in two weeks to give you the follow up to the BPA and the DVLA.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 09, 2025, 11:06:44 am
Had this as a response to the complaint:

We write in response to your correspondence dated 30th September.  In it you comment that Newquay Airport is subject to Byelaws.  We can confirm that no Byelaws have yet been made further to the The Airport Byelaws (Designation) Order 2009 and none in particular have been made that relate to the control and management of Parking on Cornwall Newquay Airport Land.  As such Newquay Airport parking areas are not subject to statutory control as you state and the breaches you have set out have not occurred.  Accordingly, the PCN IPL1128517 remains valid."

I'm positive this will be the basis of the POPLA response but will post the response here when I get it.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: b789 on October 03, 2025, 02:08:05 pm
The point is, that they can claim as many breaches of the terms and conditions of parking and you can agree that the vehicle did breach those conditions. However, as you have declined to identify the driver, they cannot hold you liable in law just because you are the registered keeper.

Al the POPLA assessor needs to know is whether the driver is identified and can you can be pursued as the Keeper. The answer is no.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 03, 2025, 04:04:27 am
Thank you for the info and continued  support, as always  I'm extremely  grateful. .
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: DWMB2 on October 02, 2025, 12:30:00 pm
Initial have (IIRC) 21 days to respond to your appeal. When they do, they will likely provide some sort of evidence pack, which will mostly be filled with irrelevant details. When they do, come back and show us their evidence. Your job at that point will be to pick holes in it, showing why it doesn't support their points, and why it does not undermine your points.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 02, 2025, 12:24:19 pm
Thank you - POPLA appeal submitted  this morning - will update  shortly.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: b789 on October 01, 2025, 04:31:59 pm
It never ceases to amaze how intellectually malnourished these greedy, unregulated private parking firms are. They have obviously not read the the Airport Byelaws (Designation) Order 2009 (https://www.legislation.gov.uk/uksi/2009/2576/pdfs/uksi_20092576_en.pdf) which clearly states:

(https://i.ibb.co/cmKmVBS/uksi-20092576-en.jpg)

For the avoidance of doubt, here is a link to the relevant byelaws under section 63(1) of the Airports Act 1986(a) (https://www.legislation.gov.uk/ukpga/1986/31/section/63/data.html).

Use the following as your POPLA appeal and upload the this PDF (https://www.legislation.gov.uk/uksi/2009/2576/pdfs/uksi_20092576_en.pdf) with the appeal on their portal:

Quote
POPLA Verification Code: [POPLA code]
Operator: Initial Parking Limited
PCN: [reference]
Site: Cornwall Airport Newquay – P2 Car Park (East), TR8 4RQ
Date: [date]

I am the registered keeper. I am under no legal obligation to identify the driver to an unregulated private parking firm and I decline to do so.

Preliminary point for the POPLA Assessor
Before looking at any “merits” arguments (signs, times, payments, etc.), the first thing POPLA must evaluate is whether the person being pursued can be liable at all. If the land is not “relevant land” under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), then keeper liability cannot arise and there is nothing further for POPLA to consider. This is that case.

Why this is not relevant land
PoFA Schedule 4 only applies on “relevant land”. Paragraph 3(1)(c), read with 3(3), excludes land where parking is “subject to statutory control”. Cornwall Airport Newquay is under statutory control by airport byelaws made under section 63 of the Airports Act 1986. The Secretary of State has designated Newquay Airport for the purposes of section 63 by statutory instrument: “The Airport Byelaws (Designation) Order 2009”. Statutory control = not relevant land = PoFA cannot be used to transfer liability from driver to keeper.

Operator’s legal misunderstanding
The operator’s Notice to Keeper states or implies PoFA keeper liability on this airport land. That is a basic legal error. Schedule 4 paragraph 3(1) shuts the door on keeper liability where byelaws apply. The operator’s reliance on PoFA here simply demonstrates a failure to comprehend the threshold question POPLA must decide first.

Driver not identified, so the keeper cannot be pursued
I am the keeper and I have not been identified as the driver. There can be no presumption or inference that the Keeper is the driver. This is confirmed in the persuasive appellate case law in VCS v Edward (2023) where the judge confirmed that without evidence, there can be no inference.

Because this is not relevant land, PoFA does not apply and there is no lawful route to hold the keeper liable. That ends the matter. POPLA must allow the appeal on this single ground.

Evidence supplied
Copy of “The Airport Byelaws (Designation) Order 2009” (PDF attached).
Link to section 63 Airports Act 1986 (byelaw-making power): https://www.legislation.gov.uk/ukpga/1986/31/section/63/data.html

Legal references for ease
• PoFA 2012 Schedule 4, paragraph 3(1)(c) and 3(3)
• Airports Act 1986, section 63
• The Airport Byelaws (Designation) Order 2009

Conclusion
This airport land is not relevant land for PoFA. The driver is not identified. The keeper cannot be liable. The appeal must be allowed.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on October 01, 2025, 12:17:57 pm
@b789

appeal rejected as expected...

"Thank you for your appeal received on 30/09/2025 regarding the above detailed Parking Charge Notice. We have carefully reviewed the case and considered the points that you raised in conjunction with the facts and evidence available to me.

 On this occasion, your appeal has been rejected and we are satisfied that this Parking Charge Notice was issued correctly. Newquay Airport - P2 Car Park (East) is private land and is subject to a parking management scheme put in place by the operator at the landowner’s request.

There are specific terms and conditions in place as part of this scheme. These terms and conditions are stated on the signs installed at the site, which are displayed in clear and prominent positions. The terms and conditions of the scheme at this location state that a valid payment must be made for the length of time the vehicle is parked on site. On 14/09/2025, the vehicle was parked without this payment being made. This was a breach of these terms and conditions.


Please be advised, in the event you overstay the initial period of parking time purchased, additional time can be purchased at any point prior to your vehicle exiting the car park. Additional time can be purchased via the payment machines(s) or if offered at the location in question, the pay by mobile service.

We can see that you paid for 30 minutes parking time but stayed an additional 21 minutes and 33 seconds without payment. Therefore, the charge remains valid and payment is due.

Ultimately, it is the responsibility of the motorist to ensure that they seek out, read and comply with the terms and conditions of parking that are in place. By parking on site in breach of these terms and conditions, it has been agreed that the charge detailed on the signs will be paid. I appreciate that this may not be the desired outcome, however, you have now reached the end of our internal appeal process.

The three options available are listed below: Your options 1) Pay the PCN at the reduced amount of £60.00 by 14 days. After this time the opportunity to pay at the reduced amount will no longer be available and the amount outstanding will rise to the full amount of £100.00. This will need to be paid by 14 days. Payment can be made online by phone or by post. Go to www.initialparking.co.uk, call 0333 023 0138. Payments can also be made by cheque or postal order made payable to Initial Parking Limited.

Please ensure you write your Parking Charge Notice number clearly on the reverse. Please do not send cash through the post. Payment can be made using a debit or credit card by calling the automated payment line on 03330230138.

For our full Complaints Procedure please visit www.initialparking.co.uk.
2) Make an appeal to POPLA (the Independent Appeals Service) online at www.popla.co.uk using the verification code at the top of this response. The only grounds for making an appeal are stated on the website and the appeal must be received by POPLA within 28 days of the date of this response. If you choose not to submit your appeal online please goto www.popla.co.uk for further detail or you can ask us for a form to complete. If you appeal to POPLA, we will suspend recovery activity on the PCN. The charge will not increase further until the appeal outcome has been determined. Please note that if you opt to appeal to POPLA and the appeal is unsuccessful you will be only able to settle the PCN at the full amount of £100.00. The opportunity to pay and the reduced amount will no longer be available. If you choose to pay the PCN you will not be able to appeal to POPLA. 3) If you do not make payment or submit an appeal to POPLA within the relevant timeframe, the outstanding PCN may be passed to an appointed debt collection agency for further action. All costs associated with this process will be added to the full PCN amount. More Information By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.
Yours sincerely,
Initial Parking Limited"

It should be noted the driver paid the stated amount on the machine then walked to the vehicle and then left - they didnt wait in the car park.   Worth  asking for cctv?


Newquay airport is owned by cornwall county council it is operated and managed by Cornwall Airport Limited (CAL).  CAL is a wholly-owned subsidiary of Corserv Limited, which is a company fully owned by Cornwall Council.

On the newquay airport page there is a link to parking T&Cs:

https://www.cornwallairportnewquay.com/wp-content/uploads/2024/09/Parking_Terms_Conditions_2023-compressed.pdf (https://www.cornwallairportnewquay.com/wp-content/uploads/2024/09/Parking_Terms_Conditions_2023-compressed.pdf)

The byelaws section is very vague/limited.

https://www.cornwallairportnewquay.com/download-centre/ (https://www.cornwallairportnewquay.com/download-centre/)

so next steps ?
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on September 29, 2025, 10:39:42 am
Excellent, thank you very much for the answers and the quick responses.  Its really amazing!
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: b789 on September 29, 2025, 08:39:01 am
Any appeal MUST be made in the Keepers name! DO NOT try to appeal as the driver otherwise you may screw this up. If you are not the Keeper, you can still do the appeal for the Keeper but it must all be done in their name. You cannot appeal "on behalf of" someone.

The system does not care who is actually appealing as long as it is the person named in the Notice to Keeper (NtK). So, you would select "Keeper" (or "Other") and fill in with the Keepers details and you use the appeal text provided.

If the Keeper wanted to throw the driver under the bus and name them, then it tells you on the NtK how to transfer liability. However, in this case, the Keeper has a stronger defence with the "no Keeper liability/PoFA" argument. If the Keeper were to identify the driver, who is not a UK resident, that is OK and the drivers foreign address would need to be provided but many of these parking firms will not accept a foreign address and will return to chase the Keeper, even though there is no lawful right to do so.

If/when the initial appeal is rejected, the Keeper can mention in the POPLA appeal that the actual driver is not a UK resident. There is no need to mention that the person who drove the car out of there car park is different from the person who drove in. It is an irrelevance, so don't even mention it.
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on September 28, 2025, 06:43:20 pm
excellent thank you very much -  the appeal will go in.

 The driver entering the carpark isn't the keeper  and the keeper is informed not to discuss  who was driving.

I will update when the rejection is received    :)

thank you once again!
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: b789 on September 28, 2025, 06:10:24 pm
I do not think that the attempted payment is relevant for the initial appeal. It can be saved for POPLA if necessary. It is a wasted effort for what is invariably a rejection, irrespective of the actual facts.

Byelaws vs “relevant land” in simple terms:

• PoFA keeper liability only works on “relevant land”. That means ordinary private land without special laws controlling parking.
• Airports, some rail stations and similar places are under “statutory control” via byelaws. That makes them not “relevant land”.
• If it’s not relevant land, PoFA cannot be used to make the registered keeper pay. Only the driver could be liable under contract law.
• At Newquay Airport, byelaws/statutory control apply, so Initial Parking cannot use PoFA to chase the keeper. Only the driver could be pursued, and they still have to prove a contract breach.

So, whether the Keeper was driving or not, our advice is to never identify the driver. Unless the keeper identifies the driver, inadvertently or otherwise, the operator has no way of knowing the drivers identity and only the driver can be liable.

There is no need for the Keeper to "lie", even if they were the driver. The burden of proof is on the operator to prove that the Keeper was also the driver. All the Keeper has to do is refer to the driver in the third person. No "I did this or that". only "the driver did this or that".
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on September 28, 2025, 05:56:32 pm
Thankyou @b789  greatly appreciated.

Should there be a mention of the payment but the machine had a fault?

For the bylaws and "relevant land"  could you explain that for me in basic terms ?

thanks
Title: Re: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: b789 on September 28, 2025, 04:48:40 pm
The driver liable for any charge is the one who drives the vehicle on to the property, not the one who drives it off, if they are different entities. However, that is not really relevant here because the location is not relevant land for the purposes of PoFA as it is under statutory control of airport byelaws.

As long as the unknown (to them) driver is not identified by the known Keeper (no legal obligation to do so to an unregulated private parking firm) they cannot transfer liability to the Keeper. You now have to do two things as the Keeper:

Appeal the PCN (only as the 'Keeper' or 'other') with the following:

Quote
I am the registered keeper. Initial Parking cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, Initial Parking will be well aware that they cannot use the PoFA provisions because Cornwall Airport Newquay is not 'relevant land'.

If the landowners wanted to hold keepers liable under Airport Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because Initial Parking is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for Initial Parking’s own profit (as opposed to a bylaws penalty that goes to the public purse) and Initial Parking has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Initial Parking have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

At the same time, send the following email to info@initialparking.co.uk and CC yourself, as a formal complaint to Initial Parking:

Quote
Subject: Formal complaint – Breach of PPSCoP 8.1.1(d) and DVLA KADOE (misstated PoFA keeper liability at Cornwall Airport Newquay) – PCN [reference]

Dear Initial Parking Complaints Team,

I write as the registered keeper regarding PCN [reference] for vehicle [VRM] at Cornwall Airport Newquay (P2 East), TR8 4RQ, on [date]. This is a formal complaint about your misrepresentation of keeper liability under Schedule 4 to the Protection of Freedoms Act 2012 (PoFA), placing you in breach of the Private Parking Single Code of Practice (PPSCoP) section 8.1.1(d). As you know, non-compliance with the PPSCoP is also a breach of your DVLA KADOE contract, which requires adherence to the applicable Code as a condition of data access.

Why PoFA keeper liability cannot apply here

• Cornwall Airport Newquay is subject to statutory control (airport byelaws/designation), so it is not “relevant land” for the purposes of PoFA Schedule 4.
• Your Notice to Keeper (NtK) states or implies that you may hold the keeper liable under PoFA. That assertion is wrong for this site and constitutes a clear breach of PPSCoP 8.1.1(d), which prohibits stating or implying keeper liability where Schedule 4 does not apply.

This complaint is separate from my Keeper only appeal
For clarity, I am submitting a no Keeper-liability appeal via your portal at the same time. This complaint is distinct: it concerns your systemic compliance failure in misstating PoFA keeper liability on land under statutory control.

Required remedies (within 14 days)

1. Cancel PCN [reference] and confirm that you will not assert PoFA keeper liability at Cornwall Airport Newquay (or any other site under statutory control).
2. Rectify all NtK templates, website wording and automated correspondence to remove any statement or implication that keeper liability arises on non-relevant land.
3. Conduct an audit of outstanding NtKs for Cornwall Airport Newquay (and any other sites under statutory control), write to affected keepers to correct the misstatement, and confirm you have done so.
4. Provide details of the compliance steps, staff guidance and training you will implement to prevent recurrence.
5. Confirm cessation of any third-party data sharing for this PCN and either erase my personal data under UK GDPR Article 17 or, at minimum, restrict processing under Article 18 pending conclusion of this complaint.

Regulatory escalation
If you do not provide a full and satisfactory response addressing each point within 14 days, I will refer this complaint and evidence to the BPA compliance team and the DVLA AOS Investigations Team for investigation of a PPSCoP/KADOE breach.

Please respond by email or post (your choice). Do not require telephone contact, web portals or third-party platforms to progress this complaint. Treat this as a formal complaint and provide your written response by [date – 14 days from today].

Yours faithfully,

[Full name]

[Postal address]
[Email]
Registered Keeper of [VRM]
PCN: [reference]
Title: Initial parking - Newquay airport, claim of non payment but paid - machine issue.
Post by: fluff34567 on September 28, 2025, 03:42:25 pm
Dear all,

New member here but old member on previous Pepipoo site  :)

The registered keeper recently received a letter  from Initial parking claiming non payment of parking, payable amount is  £100 or 60 is paid within 14 days. 

Date of claimed non payment 14th Sept, Date of letter 18 sept - letter received 25 sept!  You enter the registration number into the parking machine on your way out , the machine calculates the charge. Payment was  initiated at the machine but machine took a very long time, message on screen was "waiting for connection"assume its using a data sim. 

Eventually  machine connected and the amount on the screen was paid. 

Credit card statement checked and a charge was made for £2.50 for " cornwall airport Newqu Newquay CON"  speaking with the card company this is for "transport"  the time of the transaction isnt available but the date is correct.

The total time in the car park was about 50 mins - Looking online the parking fee for this duration should be £4.50 but the machine charged for 10-30 mins at £2.50.

Not sure if there is any relevance but person driving entering car park is a non uk resident and person exiting the car park is a UK resident and the letter was received at the registered keepers address

What is the best way to handle this  in terms of the appeal letter -  any special wording should be used?

Regarding the dates of the letter if i take the 18th as day zero and 19th as day 1 i calculate the driver/drivers have 4 days left to either pay at reduced rate or make an appeal?

I am not able to get a photo of the parking signage  - only the fees from the airport website.

Many thanks in advance for any assistance!!!   



photos of the letter and parking charge are HERE (https://imgur.com/a/osVnBE1)