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dannymc

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  1. Update, and a thanks to Falcon. Wrote the letter, sent it off - no reply nearly 4 months down the line. Sod 'em ! Next for HSBC and the DVLA.
  2. I see what you mean bout the public/private ownership thing. Fair points! Now, referring to what you, and others here, say about the PENALTY notices, where do these PARKING CHARGE NOTICES fit in? Am i wrong in stating the below? FIXED PENALTY NOTICES - Issued by Police and Met Wardens only. PENALTY CHARGE NOTICES - Traffic Wardens. (Surely if the Byelaws refered to a legal clause, i should have been issued with this one?) PARKING CHARGE NOTICES - Isuued by parking ATTENDANTS working for Private companies playing pretend and make believe by using the same initials and dreaded stripey plastic sleeve in order to con gullible scared drivers into paying?
  3. Oh and thanks falcon, all help appreciated! Technically, isn't Railway land PUBLIC land, just leased to the operators? Im a highway engineer, and have had some delaings with railtrack in the past regarding taking possessions for night work etc, and always thought it is public land. And being a highway engineer, i know that the signing is all wrong, too, and i can get them on this (photos to show no sign warning me that that area was for staff only, in comparison with other areas of the car park.) Surely the signing in the TSRGD 2002, as well as the TA 1991 are applicable for all highways and car parks?
  4. Ok got the ticket in front of me! The relevant bye law is stipulated on the back - Railway Bye law 14 - Traffic signs, causing obstructions and parking. http://www.dft.gov.uk/stellent/groups/dft_railways/documents/page/dft_railways_504364.pdf Full text here. As an added note at the bottom of the ticket, it states "For the purposes of Byelaw 14 (4) the penalty payable in relation to a breach of thereof is £25 if paid within 14 days, thereafter £50." This isn't in the Byelaws. THis is added simply to make it look as if it is in the laws. The actual clause states that " (4) In England and Wales (i) The owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area. But clause iv states (iv) The power of clamping and removal provided in Byelaw 14(4)(ii) above shall not be exercisable in any area where passenger parking is permitted unless there is on display in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped and/or removed by an Operator or an authorised person. Also, if they are in the right, why doesn't the ticket refer to a PENALTY charge, as opposed to the PARKING CHARGE NOTICE that it does? The ticket was issued in a plastic sleeve, which i also believe to be an infringement.
  5. Thanks for that mate. It's what i've always done with tickets in the past! This time though, thanks to the info i've found on this forum, i'm going to do things the polite, proper, and correct way, and tell them where to stick their ****ty little tickets. I rang them, they said i had to write with my complaint / appeal. There are no signs on the walls, poor lighting etc, but now i'm thinking f*ck that, if its unenforcable, ill try that route first. The only query i have is that the ticket refers to a PARKING CHARGE NOTICE issued under the bye-laws of the strategic rail authority. Do the loopholes - unenforcability of tickets under the RTA apply here? The ticket doesn't have Date of Issue anywhere on it. Heres the draft of the first letter i intend to send. (Thanks to phantomreclaimer and BELLA from the other threads for the wording!) ------------------------------------------------------------------- Dear Sir / Madam / Insects * Regarding parking charge notice number xxxxxxxx which was stuck to my windscreen on 14th December at Chester Station, my legal representative has advised me that the penalty is unenforceable under English law, and no magistrate court in the country will accept your case. If the charge was issued by way of a penalty for breach of contract, then I have to inform you that a penalty charge for a breach of contract is unlawful. Any term that purports to allow one party to a contract to levy a charge by way of a penalty for breach of contract is void. Really, I’ll try and state this in as simple a way as I can: Under which law do you intend to fine me without a trial? Also, the PCN issued stated that the notice of issue was 14/12/06 but did not state a date of contravention, it merely uses the ‘Notice Issued’ box. Following the recent Judicial Review in the matter of Moses v Barnet originally referred to the Parking and Traffic Appeals Service, I have grounds to believe that the PCN has been unlawfully issued and thus £25, or £50 as it is now, is not, in fact, due. Put simply; I wasn’t born yesterday, so if you persist in pursuing this matter with me I will deem you to be in contravention of numerous laws which protect citizens from harassment from PRIVATE companies such as yourselves, and will seek recompense for any undue financial expense or emotional distress caused, against ALL contracted parties, (i.e. NCP Ltd and the Rail operator.) You can of course TRY to intimidate me by sending around a 3rd party debt enforcement agency – without a court order – to obtain monies from me, but really, you don’t want to do that, as this places you personally, and your company, in grave risk of breaking the laws pertaining to obtaining monies by deception and demanding money with menaces, and you wouldn’t want the general populace to know how easy it is for them to claim back payments and refuse to pay all, cough, ‘fines,’ cough, levied in your car parks? Personally, seeing your illegal profiteering business would break my heart. And I’m a real boy. Honest. Yours Recipient of penalty notice. * delete as appropriate
  6. Hello! Great site, top marks all round, can't believe it's taken me all this time to find it! Parked in Chester station yesterday for my commute to work, paid the £4 parking ticket, stuck it to window, went to work. Come back at night to see a yellow PCN for £25...for being "Parked in a restricted area in a car park." So, i look around, no signs on the wall, no plates (im a highway engineer by trade so I know that plates have to be in place every so often, as well as the yellow lines etc, all in conjunction with the TSRGD 2002), but on the fllor at the front of the bays it says STAFF PARKING. This new area hasn't been there for long, hence me not knowing about it. Other areas have a Staff Parking only sign along the wall...apart from where i was, which was why i parked there. A few questions...first, can i appeal to NPAS with this? Now before i start referring to retroflectivity of the markings, and the luminosity of the lighting columns etc, does, as it does on public highway, the absence of a sign negate the fine? If National Car Parks Ltd is a PRIVATE company, really, do they have a leg to stand on when trying to use PUBLIC courts to recover fines? Railway land is still public land, is it not? Also, there is no "Date Issued" on the ticket, just a 'Notice Issued' box with the time, and a BY PA, then ON followed by the date.
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