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A thread not often seen in these parts!

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Comments

  • Stigy
    Stigy Posts: 1,581 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    kwaks wrote: »
    I have nothing against the barriers, and have seen the miraculous uptake of tickets when fitted (also like the story of the late service in one area being withdrawn as no one ever used it , although the train was full every saturday night). However I do object to being disturbed as I read/sleep/pig out on chocolate 5 mins after passing through the barrier. Also invariably at that point I can't find my ticket anywhere, my mobile starts ringing and I drop my crisps!!
    I can understand peoples frustration, but I was just trying to help others understand why it's done. I wonder if the customers that object to this would be of the same opinion if a guy with no money or ticket was found to have travelled from the same station as them (which is barriered) and is less than pleasant before being confronted, and equally so after having been confronted?
  • kwaks
    kwaks Posts: 494 Forumite
    On that line you would be stuck with him for a fair bit anyway;)

    Thankfully my train journeys are now only once every 2 weeks, people can annoy me, especially when all stuck in a train together and people dither on the platforms!
  • Stigy wrote: »
    I
    It's strange actually, I was recently accused of bullying another member at this very forum, an accusation I refute still.
    Stigy wrote: »
    Clicky Post number 38

    strange how you forgot to say how after that post you turn on me with intimidation and name calling. this was all because i stood up to you.

    in the end i was so upset with the way you had treat me that my other half report your offensive posts to abuse and got them removed.

    its taken me a while to come back to this forum
    Fares Advisor & Oyster Specialist - Newdeal/ukRail Fares Workshop Accredited
  • Stigy
    Stigy Posts: 1,581 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 24 October 2010 at 5:50PM
    strange how you forgot to say how after that post you turn on me with intimidation and name calling. this was all because i stood up to you.

    in the end i was so upset with the way you had treat me that my other half report your offensive posts to abuse and got them removed.

    its taken me a while to come back to this forum
    I actually told you to "wind your neck in" in those exact words, and I didn't say anything else, or at least nothing that could be construde as bullying.

    Edit: Only now do I realise some of my posts had been removed. Well nobody thought to explain why, or saw fit to warn me about anything. I fail to see how ANYTHING I said could have been perceived as bullying. Full stop!
  • geordie_taxi
    geordie_taxi Posts: 434 Forumite
    edited 24 October 2010 at 6:19PM
    Stigy wrote: »
    I actually told you to "wind your neck in" in those exact words, and I didn't say anything else, or at least nothing that could be construde as bullying.

    you did more than that and you know it.

    why else would abuse remove your post.

    im still upset having to reply to you but i had to warn others

    but leaving this thread now my point has been made

    But to bring this thread back on course are most railway carparks owned by the council? and if they are is it not up to the council to enforce parking rules?
    Fares Advisor & Oyster Specialist - Newdeal/ukRail Fares Workshop Accredited
  • ...troll?

    maybe?
  • sassy_one
    sassy_one Posts: 2,695 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Just to keep everyone minds who may come across this thread from looking online.

    If you parking in a private car park, including train station car parks that re not covered by the Railway By-Law, which a notice will be fixed somewhere within that carpark, then any invoice you should receive is not enforceable by any means, the private company has no legal power and no law on there side.

    If after ignoring the invoice you receive letters threating legal action such as failing to make payment your credit rating will be affected or you will receive summons to court, that action will never be taken, as they have no legal power whatsoever.

    There are many firms out there, Graham White to name one, whom claim to be 'Solicitors; when in quite fact they are merely trading with a name to pass off as a legal advising body which has no law on there side.

    After two or three, maybe sometimes more in rare cases, letters that will be the end of the matter.

    So, for example, if I park in a train station and do not display a paid for parking ticket, and upon return to my car find I have a 'invoice' placed on my car, so long as that train station car park is not covered by Railway By-Law, I can simply ignore that invoice'and I am not committing an criminal nor civil offence whatsoever and the law confirms such.

    For a similar case of the above and to firm my statement, please see here:

    http://www.consumeractiongroup.co.uk/forum/showthread.php?52990-NCP-fine-in-a-Railway-Station-Car-Park-Legal

    In affect, the private parking firms are extorting money from you and I, by there meaningless and unenforceable 'invoices' and I use the word invoices firmly, as that is all they are, they are in no way classed as a 'ticket' that is completely something different - for example, a ticket is what a officer of the law (Police) would issue you with or a parking warden working for the Council for a 'parking offence' which again, in itself is a completely different matter.

    Very often when you ignore a PPC - That's Private Parking Charge for those of you who don't know, the parking parking firm will pass/sell your details on to a debt recovery agency who will harass you and try to extort money from you by intimating you - you do not have to pay there 'invoice charge' and any action deemed in the letter is a load of rubbish to 'force' you into paying such a 'invoice'.

    By parking in a private car park you have not and are not entering any credit agreement with the company whom owns it.

    Of course, I am no not at all saying you can enter a train station car park that is covered by the railway by-law, to which failing to pay and display a ticket could result in your attendance in the magistrates court for breaching such, which is never advisable.

    However, if a train station car park isn't covered by the railway by-law and that said individual train station attempts to use the railway by-law in an attempt to enforce a unenforceable 'invoice' that company/firm is committing an act of fraud under misrepresentation and can duly be reported to Police for such an offence.

    For a train station to be covered by the railway by-law it must have correct signage in place, failing which it cannot be enforced.

    There are several Railway by-laws, but the one that some station car parks are covered by are section 14 of the Railway bylaw.

    If you wish to read further on the Railway Bylaw's then you can view a copy (PDF) of it here:

    http://webarchive.nationalarchives.gov.uk/+/http://www.dft.gov.uk/pgr/rail/legislation/regs/railwaysbyelaws


    Finally, all information regards train station car parks aside, parking in a supermarket car park then going to another shop and getting a 'invoice' or parking in any private car park and getting one, is completely and 100% unenforceable by any means - do not be intimated to pay such a 'invoice' and simply ignore it.
  • Coblcris
    Coblcris Posts: 1,862 Forumite
    I agree. Liability arises if at all through three methods namely:
    Statutory
    Contract
    Tort

    They cannot claim liability under statute (Railway Byelaw) and pursue it through Contract (or Tort) to make personal gain.

    I regard that as Fraud under the Fraud Act 2006

    http://www.legislation.gov.uk/ukpga/2006/35/contents
  • fitshase
    fitshase Posts: 443 Forumite
    A simple solution to all car parks is simply introduce the pay on exit scheme. You get a ticket when you enter the car park and you pay when you leave. You can't get out of the car park without a validated paid for ticket.

    Often with work I have to use the car and park in unfamiliar towns. I always look for a pay on exit car park as I don't know how long I am going to be. I recently went to give blood and could only use a pay and display car park. I put in enough for an hour and displayed the ticket. The blood service were running behind and I eventually got back to the car after 1hr 20mins. Thankfully I didn't have a nice present on my windscreen from the "parking police" but I couldn't help worrying that I would return to find a fine on the windscreen.

    I know that pay on exit car parks are more expensive to install as they have different machines and barriers, etc., and I know that some unscrupulous land/car park owners won't install them because they would lose additional revenue from the parking charge notices they give people for overstaying their welcome.

    Whilst I agree with most comments about using supermarket car parks, I do agree with penalising people who use the disabled or child spaces without consideration. I have a 16 month old daughter and when parking, I need to open the door fully to get her out of the car seat. A normal space is too narrow and I've sometimes had to resort to lifting her through the window to get her out. What gets to me is the person who pulls into a child space and gets out with the 15 year old son or the one who thinks they can park in the space because they have a child seat in the car.
  • AlexisV
    AlexisV Posts: 1,890 Forumite
    This thread is pretty redundant unless Parliament overturns 150 years of contract law or introduces specific legislation for private companies.
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