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cb194

NCP PCN - New Street Station

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Hiya, I've had a good scour of the forum but can't really find anything directly related to my problem, so I was wondering if I could ask for some advice?

 

I went to New Street Railway station this morning to drop my girlfriend off, checked on the website and saw that you get 20 minutes free parking.

 

I parked there just after 09.40 and came out just after 10.00 and found a Standard Charge Notice on my windscreen. Inside is the usual NCP Parking Charge Notice with a tick in the "parked in a pay and display car park withour clearly displaying a valid pay and display ticket" box.

 

In the time section it reads:

 

First seen at 09:45 (obviously pounced straight away!)

Notice issued at 09:55

 

The fine is £50, reduced to £25 if paid within 14 days. Ticket quotes usual railway byelaws, however I can't see any mention of county or magistrates court. All there is, is "In the event of non-payment your details may be requested from the DVLA".

 

Do I have a leg to stand on as it was issued only after ten minutes? I've a feeling that you might have to print off a ticket for free parking.

 

Many thanks,

 

Chris

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Guest Old_andrew2018

Hi

I travel through New Street Station frequently, I have always believed that parking for 20 minutes is free, I must take a look again, it is possible that there are allocated bays for free parking.

It might be worth taking a photograph of the signage, and up loading it.

 

Regards

 

Andy

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Chris

 

Unfortunately, it is correct that you do have to obtain and display a free ticket for the first 20 minutes.

 

Regards,

 

Dave

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I was afriad that that was the case. I don't remember it being very well sign posted though.

 

I was hoping that as it's an NCP PCN, I could just go down the route of asking for proof of the driver etc, but the general concensous from other threads seems to be that as it's a railway station I can't really do that?

 

Could I not ask them to get the time I entered the car park off the cctv?

 

I get free legal advice with my home insurance so I'll give them a ring tomorrow.

 

Cheers,

 

Chris

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I think it is still worth checking whether this just a car park at a railway station or a "Railway Car Park". Sounds like semantics but there is a crucial legal difference.

 

Looking through the bylaws, parking comes under clause 14, penalty charge notices are mentioned. As with LA tickets, it is the owner, not the driver, who is liable. However this ticketing can only be carried out by an operator or an "authorised person"

 

Authorised person is defined as being:

 

 

25. Interpretation

(1) Definitions

In these Byelaws the following expressions have the following meanings:

"authorised person" means:

(i) a person acting in the course of his duties who:

 

 

(a) is an employee or agent of an Operator, or

 

 

(b) any other person authorised by an Operator, or

Under Enforcement - Clause 24

 

 

(3) Identification of authorised persons

An authorised person who is exercising any power conferred on him by any of these Byelaws shall produce a form of identification when requested to do so and such identification shall state the name of his employer and shall contain a means of identifying the authorised person.

(4) Notices

No person shall be subject to any penalty for breach of any of the Byelaws by disobeying a notice unless it is proved to the satisfaction of the Court before whom the complaint is laid that the notice referred to in the particular Byelaw was displayed.

 

NCP are certainly not mentioned as an Operator under the byelaws although it is conceivable that they are agents of the Operator. It is however, far more likely the car park management services have just been contracted out lock, stock and barrel to NCP.

 

Does the ticket mention an operator anywhere - "Northern Rail", "Cross-Country" etc.

 

It may be worth writing to NCP asking for "identification of authorised person" under clause 24(3). Upon receipt, write to relevent Operating Company asking if said person is indeed "authorised".

 

I suspect that is just another PPC "smoke & mirrors" exercise. It is especially telling that the ticket, including presumably payment details, make no mention of anyone other than NCP.

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Birmingham New Street Station is owned and operated by Network Rail, one of their major stations. Any work NCP do would be on their authority. The question of course is, are they working on NR's behalf under Railway Bye-Laws or on NR's authority under private parking reg's.

 

Network Rail do have a customer help desk in New Street (as apposed to the train operators help desks who are their for the guidance of travellers). They may be able to assist in advising on what NCP's actual role is.


MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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No the ticket does not mention an operator anywhere. To be honest I can't actually see National Rail mentioned, nevertheless I'll try and get it washed and scanned in by this evening once my scanner is up and running.

 

Unfortunately I live about 40 minutes outside of New Street, and nobody has picked up at their help desk any time I've rung them, so I'm going to take Barnsley Boy's advice and write to NCP, does this letter seem okay? I'm guessing it's best to keep it short and sweet.

 

Dear Sir,

 

I am writing to you as regards Parking Charge Notice xxxxxx, issued 05/07/08.

 

I wish to request "identification of authorised person" number xxxxx under cause 24(3) of the Railway Byelaws.

 

Yours faithfully

Thanks for everyones help so far, without which I'd have paid immediately!

 

Chris

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