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#Post#: 128350--------------------------------------------------
Newquay Airport Car Park - Initial Parking
DIR By: farcanal
Date: August 20, 2026, 8:46 am
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Hi,
The driver of the van entered the carpark on 9/8 and left on the
11/8, as the driver left they entered the numberplate on the
machine and made the requested payment.
The driver didn't pay much attention, just swiped their card,
got the receipt and left.
On closer inspection it seems the machine doesn't workout the
stay automatically, it expects the driver to enter the amount of
hours. This is what has led the the Initial parking PCN being
sent out.
It seems there is varying info on what the drivers options are,
attached is the Initial invoice with relevant identifying
information redacted.
Many Thanks for any help on this matter.
HTML https://i.postimg.cc/DJsFpqPy/CW-Airport-Initial01.jpg
HTML https://postimg.cc/DJsFpqPy
HTML https://i.postimg.cc/MfSwCv9G/CW-Airport-Initial02.jpg
HTML https://postimg.cc/MfSwCv9G
#Post#: 128353--------------------------------------------------
Re: Newquay Airport Car Park - Initial Parking
DIR By: Bulop
Date: August 20, 2026, 9:26 am
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Airports are subject to byelaws meaning the POFA 2012 does not
apply. If they do not know the driver they cannot send a Notice
to Keeper because they have no legal powers to do so, only the
airport owners can, not the private company.
#Post#: 128354--------------------------------------------------
Re: Newquay Airport Car Park - Initial Parking
DIR By: DWMB2
Date: August 20, 2026, 9:28 am
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Are you the registered keeper of the van? If so, the below is
relevant.
As Newquay Airport is subject to byelaws, it is subject to
"statutory control", and as such, not relevant land for the
purposes of Schedule 4 of the Protection of Freedoms Act,
meaning they cannot hold the keeper liable. You could therefore
appeal along the lines of the below. If you are not the
registered keeper (if it's a lease vehicle, for example), let us
know as the approach will be slightly different.
[indent]Dear Sirs,
I have received your Parking Charge Notice (Ref: ______) for
vehicle registration mark _______, in which you allege that the
driver has incurred a parking charge. I am appealing as the
registered keeper of the vehicle. There is no obligation for me
to name the driver and I will not be doing so. I note from your
correspondence that you are not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act").
Even if you were seeking to do so, as Newquay Airport is not
"relevant land" as defined by The Act you are unable to recover
the charge from me, the keeper.
I am therefore unable to help you further with this matter, and
look forward to your confirmation that the charge has been
cancelled. If you choose to decline this appeal, you must issue
a POPLA code.
Yours,[/indent]
Make sure this appeal is made solely as the keeper, do not
reveal who was driving.
For a while Initial Parking used to claim the byelaws were just
a 'draft' and hadn't been enacted, then for a while claimed they
didn't exist at all. I have an open complaint with the British
Parking Association about this. The wording of your PCN doesn't
falsely claim that the Protection of Freedoms Act applies, which
suggests the complaint may have worked... That said, if they do
reject your appeal, I can support with a POPLA appeal.
--- Quote from: Bulop link ---
>
> If they do not know the driver they cannot send a Notice to
Keeper because they have no legal powers to do so, only the
airport owners can, not the private company.
>
--- End Quote ---
This isn't quite right. They can't use the provisions of PoFA to
recover charges from the registered keeper - they're perfectly
entitled to write to the keeper in relation to the unpaid
charge, they just can't rely on PoFA, nor claim an ability to do
so (which they aren't). As for the airport owners, they can't
issue a private parking charge and use PoFA to hold the keeper
liable either, the rules around relevant land don't change based
on who's seeking to recover the charge. They could seek to
prosecute for a breach of byelaws, if applicable, but they
won't.
#Post#: 128355--------------------------------------------------
Re: Newquay Airport Car Park - Initial Parking
DIR By: farcanal
Date: August 20, 2026, 9:41 am
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thanks DWMB2
I have sent an appeal via their portal using the specified text
(including IPL and Reg details) and will await a response.
#Post#: 128356--------------------------------------------------
Re: Newquay Airport Car Park - Initial Parking
DIR By: DWMB2
Date: August 20, 2026, 9:53 am
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Let us know how you get on. It will be good if they've given up
their nonsense arguments about the byelaws and started accepting
appeals again.
Your case has also reminded me to chase up my complaint, which
has been open an unreasonably long time...
#Post#: 128412--------------------------------------------------
Re: Newquay Airport Car Park - Initial Parking
DIR By: farcanal
Date: August 21, 2026, 3:58 am
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Wow - this was a lot simpler than I expected - thanks so much
[member=103]DWMB2[/member]
Email from Initial this morning..
"Mr XXXXXXXXx
XXXXXXX
XXXXXX
XXXX XXX
21/08/2026
Dear Mr XXXXX,
Re: Parking Charge Notice Number IPL1206806 (Vehicle: XXXXXX)
Site: Newquay Airport - P1 Car Park (West)
Issue date: 13/08/2026
I refer to your appeal received on 20/08/2026 regarding the
above Parking Charge Notice.
The appeal has been reviewed. Having considered the content of
your letter we confirm that the parking
charge notice is now cancelled."
I was expecting a load of back and fourth.
Thanks Again.
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