pcn due to rail delay

nigelbb

Does the NTK refer to POFA 2012? If it does then they are attempting to invoke keeper liability & have failed by delivering the NTK out of time.

Does the signage at the car park or the NTK or windscreen ticket refer to railway bylaws? There is no offence of 'not displaying a ticket' only not purchasing one & in any case it is only the owner not driver or keeper who can be prosecuted.

Paddie01

no reference to POFA 2012
Windscreen ticket does not refer to Bylaws - NTK does


- the offence as per PCN and NtK refers to " parked without displaying a valid ticket or voucher at East Grinstead Railway station car |Park"

Datchery

Meteor usually hand over to Debt Recovery and Prosecution Services who issue a "Notice to Owner/Keeper/Hirer", saying the keeper is liable even if not the driver at the time and threatening him with prosecution in the Magistrates' Court if he doesn't pay. Is this what yours says?

Paddie01

hand over is a big word in this case - Company calling its self Debt Recovery and Prosecution Service but at the bottom in smll print it says London and South Eastern Railway - trading as Debt... - so just handed it over the desk

Paddie01

and sorry yes the inference is the keeper is legally liable

Datchery

To be precise, does it say "You are legally liable for the parking charge even if you were not the driver at the time"?
And then tell you it'll increase to £165 if you don't pay within 14 days?
And then:"Further, failure to pay the increased amount will result in a Magistrates' Court Summons under Railway Byelaws....."?

It's important to know this, because at station carparks (ie subject to the Railway Byelaws) a keeper who wasn't driving is NOT liable for a contractual charge and CANNOT be prosecuted for failure to pay it.

Paddie01

this is exactly what it says

Datchery

Then it's totally untrue and I suggest you send DRPS a "Gan Special". Gan's letters are really good and to the point. To find one go to Pepipoo.com. Go to the "Private Parking Tickets & Clamping" section and enter "Meteor" in the search box at the bottom. You'll find a lot of up to date stuff there - plenty of advice from experts like dandyman and anon45, . Puttingoffqueen's thread has got a Gan letter which would fit your case pretty well.

Datchery

I should have mentioned: DRPS is, as you say a trading name for London and South Eastern Railway. Ltd. Their train operating company is Southeastern, not Southern. DRPS evidently hire out their debt collecting services to Southern (as well as Virgin East Coast and London Midland). Which is why Puttingoffqueen's thread is apt.