Parking Fees
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Join Date: Oct 2002
Location: Middlesex
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Parking Fees
Can someone out there clarify some infomation for me on outstanding fees, ownweship etc. There have been a number of reports on the two AFX 747 aircraft which I believe have been stationary at Manston & LHR for the best part ofthis year. There are also a number of a/c at SEN; 5N-HHH a 1-11, HZ123 and KODA Air (707's) the latter a/c used in the alleged DRugs job last October and still being heard at Basildon Crown Court. At SEN there are also two 727s abandoned to the grass area.5N-HHH has been on the same stand for a couple of years at least
My question is do airport authorities have to go through the courts to seize these questionable assets to get any compensation, futhermore some or all of these a/cs would be worth little and could the airports get engineering companies to do work on them i.e. stripping for spares when ownership may still be in dispute. There is also L-1011 G-IOII at STN that has been there for a number of years.
I would be grateful if someone can shed some light on these issues.
My question is do airport authorities have to go through the courts to seize these questionable assets to get any compensation, futhermore some or all of these a/cs would be worth little and could the airports get engineering companies to do work on them i.e. stripping for spares when ownership may still be in dispute. There is also L-1011 G-IOII at STN that has been there for a number of years.
I would be grateful if someone can shed some light on these issues.
niknak
Join Date: Dec 2001
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As far as I understand it, the airport authority has the right to place a "lien" on the aircraft. This is a legal notice prepared by the airport's legal advisors giving due notice to the aircraft 'owner' that fees are due for whatever reason, the notice will give the 'owner' a specified period of time to pay up, after which time the airport authority can apply to the courts to dispose of the aircraft.
The court proceedings are no big deal, and not too different from a small claims hearing; the airport must prove that the aircraft 'owes' the fees, and the 'aircraft owner' has the right to challenge this.
Until the claim is proved one way or another, the airport has the right to detain the aircraft, usually by parking a large vehicle in front of it, but they have no right to remove anything from the aeroplane, or sell any parts, or damage it in any way.
Interestingly, it is the aircraft and it's owner that carries the debt, not the operator. so, if you lease an aircraft for flying club purposes, (or any other means), and your business owes money that has to be recovered, you can, in effect, walk away from it. Legally, it's not that simple, but not far from the mark.
Equally, if the airport authority fails to secure the aircraft to stop it moving, and an errant pilot agrees to fly it away, they have no legal right to stop it taxying and taking off. I don't know what the legal implications would be for the pilot - probably pretty shaky - but I have known it happen.
The court proceedings are no big deal, and not too different from a small claims hearing; the airport must prove that the aircraft 'owes' the fees, and the 'aircraft owner' has the right to challenge this.
Until the claim is proved one way or another, the airport has the right to detain the aircraft, usually by parking a large vehicle in front of it, but they have no right to remove anything from the aeroplane, or sell any parts, or damage it in any way.
Interestingly, it is the aircraft and it's owner that carries the debt, not the operator. so, if you lease an aircraft for flying club purposes, (or any other means), and your business owes money that has to be recovered, you can, in effect, walk away from it. Legally, it's not that simple, but not far from the mark.
Equally, if the airport authority fails to secure the aircraft to stop it moving, and an errant pilot agrees to fly it away, they have no legal right to stop it taxying and taking off. I don't know what the legal implications would be for the pilot - probably pretty shaky - but I have known it happen.
