Warning - apcoa - must see

HO87

I beg to differ, unless you are referring to some other internal railway document, but an MG11 is the designation of the nationally standardised Witness Statement form and has been for the last 26 years. As you suggest if a PCN is not issued the miscreant may be reported [for summons] and subsequently summonsed. Attached to a summons they will probably receive a Notice to Defendant (CPR 27.4) and copies of relevant statements (in MG11 format) the prosecutor intends to rely on but an MG11 is not the summons - if that is what you were referring to. Frankly, I've never heard of a "notice to prosecute".

geordieracer

HO87 wrote: »

I beg to differ, unless you are referring to some other internal railway document, but an MG11 is the designation of the nationally standardised Witness Statement form and has been for the last 26 years. As you suggest if a PCN is not issued the miscreant may be reported [for summons] and subsequently summonsed. Attached to a summons they will probably receive a Notice to Defendant (CPR 27.4) and copies of relevant statements (in MG11 format) the prosecutor intends to rely on but an MG11 is not the summons - if that is what you were referring to. Frankly, I've never heard of a "notice to prosecute".

As explained above i was talking like i was talking to anyone at work when we are discussing a non penalty fare so my apologies.Im having a funny day today - i think its all gone worng!

Though reading back through this thread properly now i have some time i see that it is claimed that a ticket issued by a PPC on behalf of the TOC is enforceable under the railway bylaw we are on about - its not as a PPC ticket is appealable by the normal means and someone being prosecuted under the said bylaw can only be challenged when it goes to court.

HO87

Stigy wrote: »

An MG11 is Magistrate's Guidance, form 11. Although some say it's Method of Guidance form 11.

Almost but I can understand why given that the forms were originally issued over 25 years ago they were annexed to the Prosecution Manual of Guidance. Hence the "MG" designation.

sassy_one

Saw three cars today all with 'invoices' on at my local train station, operated by APCOA

I kindly offered the MoneySavingExpert way of advice and placed one of my 'get out of jail for free leaflets' advising them not to pay!

Great huh

sassy_one

Just a quick note to all, please keep the topic of convo regards APCOA and Private parking companies, also invoices related to railway stations.

Stigy

geordieracer wrote: »

So you work for a TOC then? They could report them under the byelaws but then they wouldnt issue a parking ticket would they because that ticket would be invalid if they were notifying them of prosecution under the byelaws.

They could report the facts, or they could issue a parking ticket, dependant on the circumstances and the availability of an offender. Obviously they can't do both at the same time, it's one or the other.

geordieracer

Stigy wrote: »

They could report the facts, or they could issue a parking ticket, dependant on the circumstances and the availability of an offender. Obviously they can't do both at the same time, it's one or the other.

But the ticket cannot be issued under the bylaw which is what you have claimed and therefore the ticket is unenforceable as it is with all other Private parking companies tickets.

sassy_one

Stigy wrote: »

They could report the facts, or they could issue a parking ticket, dependant on the circumstances and the availability of an offender. Obviously they can't do both at the same time, it's one or the other.

A Train station car park covered by section 14 of the Railway bylaw must have the correct signage in place, failing which a 'invoice'; is unenforceable, however on that note I doubt very much your 'tickets' would stand in court, and as you say would be 'thrown out'.

I also doubt very much unless 100% hard evidence is given as already stated, even those stations protected by the bylaw 14 cannot be enforced.

On a final note, facts remain facts and that is APOCA have no powers whatsoever and ll they are is a private parking firm that is a pain.

Stigy

geordieracer wrote: »

But the ticket cannot be issued under the bylaw which is what you have claimed and therefore the ticket is unenforceable as it is with all other Private parking companies tickets.

The ticket is issued in conjunction with the byelaws where they apply.

geordieracer

Stigy wrote: »

The ticket is issued in conjunction with the byelaws where they apply.

Again, No it is not. We have just discussed this before why do you not bother listening to someone who has been doing this for a lot longer then you.I manage and run more stations then yourself and i have even been in consultation about this many years ago with both the BTP and local police forces when we were thinking about getting in a PPC to manage our car parks for us. And also what is this about you being accredited?

Accredited to whom may i ask?