NCP Railway Parking charge notice Byelaw 14 (ii)

[hacienda1978]

I would be very greatful for some advise.

 

I received a parking charge notice for "Not Parked Correctly within the markings of the bay space".

I arrived at the train station to get the train to london at 7 a.m, the car park was extremely busy and i took the last marked space. The car next to me was not parked well and in order to get out of the car I had to park at a slight angle.

The next day i arrived back late on a friday evening to a virtually empty car park and a PCN for £25.00

 

I have now recieved a letter for £85.00. I am aware that i am not in breach of Byelaw 14 2(i) as was not parked causing an obstruction or a hinderence.

 

Having checked the parking instructions it appears NCP signs have been ammended to include that "must be parked wholey within the marked parking space" i.e. they are being v petty and trying to get me to pay on the basis of byelaw 14 2(ii) otherwise than in accordance with any instructions issued by or on behalf of an operator or an authorised person.

 

I spend a lot of money both commuting to london on the train and at the car park itself and am very agrieved in paying this £85.00 charge.

 

Do i have a case and will they show any leniency to this ?

[Barnsley Boy]

Some rail car parks are deemed to operate under the bylaws, some are not. The situation is further complicated by the fact that some car parks operated by PPCs claim the bylaws are applicable and they aren't.

 

The clue is in the wording on the ticket regarding enforcement. If it mentions magistrates court then it is issued under the bylaws. If it mentions county court then, despite what they may claim, it is just a private ticket with no particular significance other than as an unsolicited invoice.

[hacienda1978]

Many thanks, The NCP PCN states

"This site is operated in accordance with the railway byelaws made under section 219 of the transprt act 2000 by the strategic rail authority.... The parking contravention to which this contractual notice realtes also constitutes a breach of the railway byelaw 14 made under section 219 of the transport act 2000. If you fail to pay this charge notice within 30 days from (date of notice) then proceedings in relation to the offence may be instituted. Liability in relation to the offence will result in a penalty not exceeding the amount coverted to level 3 on the standard scale by section of the criminal justice act 1982".

 

the letter i have recieved for £85 is aksing if i was the driver, if so to pay within 7 days (date on letter 22 feb) and if not to advise of who was.

 

I am still non the wiser and would be greatful for any help on the matter

[racer1]

see my thread, also for a station car park, same fine and dated 22 Feb, may help....

[Barnsley Boy]

I'm hedging to it being a private ticket. I really think they are BSing you with respect to the railway bylaw thing. The crucial phrase is...

 

"The parking contravention to which this contractual notice relates also constitutes a breach of the railway byelaw 14 made under section 219 of the transport act 2000."

 

If it really was issued under the bylaws it would be statute NOT contract. I'm pretty sure about this but the wording is pretty confusing (deliberately so in my opinion).

 

Why not write back to them.

 

"I am confused as to the status of your parking charge notice. Do you consider that the proposed payment is required under the railway bylaws or under an implied contract between you and the registered keeper of the vehicle?

 

Which is it?"

[spikes62]

You are under no obligation to tell them who the driver was