Meteor / Southeastern Parking

jlsmith_2

geordieracer wrote: »

To reference the byelaws of most things in life whether they are on the railway or your normal local council one would take up far bigger tickets so thats a rather silly thing to say. They do have signs(or should have anyway) telling you as you enter the station or dotted around the car park.

Geordieracer,

To reference something, I mean referring to it rather than copying the whole thing out. With a speeding ticket it includes reference to the section of the RTA you are accused of contravening - obviously I am not expecting them to copy the whole act onto the ticket nor did I suggest they should.

In respect of the rest of what you say, the suggestion that T&Cs form part of the byelaws by implication is interesting (and - this is the closest I have got to an answer from anyone on here or on pepipoo). The part that you quote says that I may be liable to pay a penalty, but I haven't been issued with any penalty notices under Railway byelaws. I have been issued with a notice of breach of terms and conditions, which relates to contract. To be clear, the T&Cs in the car park DO NOT refer to railway byelaws.

Stigy

jlsmith wrote: »

Geordieracer,

To reference something, I mean referring to it rather than copying the whole thing out. With a speeding ticket it includes reference to the section of the RTA you are accused of contravening - obviously I am not expecting them to copy the whole act onto the ticket nor did I suggest they should.

Should the TOC send you a letter informing you of their intention to prosecute, you'll be informed of the legislation they intend to use, and the exact wording usually.

vax2002

what they are saying is what you have done contravenes a railway by-law,, in their opinion then they proceed with the standard bull of a ppc waving the by-law stick.
You can smell the bull..

jlsmith_2

Stigy wrote: »

Should the TOC send you a letter informing you of their intention to prosecute, you'll be informed of the legislation they intend to use, and the exact wording usually.

Question though. In speeding cases you need to have a notice of prosecution within 14 days. Would they be able to get away with a delay of over 4 months? I haven't yet had any notice of a contravention of railway byelaws.

Coblcris

You mis-state the NIP requirements under S.172 (through incompleteness).

No such explicit clause for genuine railway byelaw tickets.

But they are trying to make a civil gain from an allegation of a byelaw infringement, that is not good for their case.

jlsmith_2

Thanks - I was just trying to illustrate a principle, wondering if it applied to rail. Can anyone explain what a genuine railway byelaw ticket looks like?

peter_the_piper

Don't know of anyone on this site or pepipoo that has seen one.

Stigy

jlsmith wrote: »

Question though. In speeding cases you need to have a notice of prosecution within 14 days. Would they be able to get away with a delay of over 4 months? I haven't yet had any notice of a contravention of railway byelaws.

There's no stringent gidelines, as long as the case is booked with the Court within 6-months of the alleged offence. (not 6-months to be heard, but 6-months to be booked)

MDBJ

Stigy wrote: »

There's no stringent gidelines, as long as the case is booked with the Court within 6-months of the alleged offence. (not 6-months to be heard, but 6-months to be booked)

That would that be 6 months to "lay an information" (a formal application for a summons) as it used to be known.

Stigy

MDBJ wrote: »

That would that be 6 months to "lay an information" (a formal application for a summons) as it used to be known.

Indeed it would...