Northern Rail Railway Bylaw Ticket - is it legit?

Parky10

Hi, I understand the basics to parking fines and charges etc... but I'm not clued up on the Railway Bylaws tickets! From what I've read on this forum and another they're enforceable but also very rare.

I'm having trouble uploading pictures of my ticket but I tried :think:


It is a Northern headed ticket with 'Penalty Parking Notice' below the branding.
The ticket does not state anything about being taken to Mags court but does state the Bylaws.

The incident happened at Morpeth for anyone who knows the area!
I did not have a ticket as I was unaware of there being a pay and display machine! There are two car parks split by a small road. I tried the big one first with no luck so then went to the small one. There was a big sign in the first carpark which also faced the carpark I was in that stated 'Railway Carpark Free All Day' so I assumed it was also for my carpark considering it was facing me and there were no other clear signs to tell me otherwise. I know it sounds like a stupid situation and it's my fault but I'd just like to know where I stand :huh:

Also, the parking attendant wrote the wrong model down. The reg however was correct. I assume this will make no difference though.

Any help would be appreciated thanks :wave:

Parky10

Also, I only have til the 23rd to appeal or pay or just ignore it. I was planning on appealing but just after some advice first!

Hasbeen

Parky10 wrote: »

Also, I only have til the 23rd to appeal or pay or just ignore it. I was planning on appealing but just after some advice first!

If it is railway bylaws then legit
But someone more experienced in this will probably give better answer shortly.

Northlakes

Look up on here and Pepipoo Northern Rail cases. These are more akin to local authority parking charges. Northern Rail are litigious and these can end up in the magistrates court which can be costly.

System

If you have a genuine excuse then write. If not wait to see if it times out. They have 6 months to take you to court. They do a few but not many.

There is no money for them in taking you to court so you can usually negotiate at any time as they dislike paying court fees to get nowt at the end.

bazster

Hasbeen wrote: »

If it is railway bylaws then legit
But someone more experienced in this will probably give better answer shortly.

It isn't legit. Breaching railway byelaws is a crime and the proper process is prosecution in a magistrates court. Demanding payment in lieu of prosecution is clearly illegal and an abuse of their power of prosecution.

Look at it this way: if a police officer said "I could have you prosecuted for this but pay me £100 and we'll say no more" then he would be committing a serious offence - but it's no different to what this train operating company is doing.

Parky10

bazster wrote: »

It isn't legit. Breaching railway byelaws is a crime and the proper process is prosecution in a magistrates court. Demanding payment in lieu of prosecution is clearly illegal and an abuse of their power of prosecution.

Look at it this way: if a police officer said "I could have you prosecuted for this but pay me £100 and we'll say no more" then he would be committing a serious offence - but it's no different to what this train operating company is doing.

So should I just ignore it or still appeal?

Also, thanks for the quick replies everyone!

Hasbeen

Parky10 wrote: »

So should I just ignore it or still appeal?

Also, thanks for the quick replies everyone!

Sorry I was wrong to say it was legit, as according to expert opinion above it is not. So I suspect ignoring it is the way to go.


Here in Scotland, we ignore all private tickets, but I thought railway bylaw tickets issued were legit.


Just edited this, as looked at Northlakes post, perhaps you should look there as advice is not to ignore any parking ticket etc England I suspect

Parky10

Hasbeen wrote: »

Sorry I was wrong to say it was legit, as according to expert opinion above it is not. So I suspect ignoring it is the way to go.


Here in Scotland, we ignore all private tickets, but I thought railway bylaw tickets issued were legit.


Just edited this, as looked at Northlakes post, perhaps you should look there as advice is not to ignore any parking ticket etc England I suspect

It's fine, you're right that Railway Bylaw ones are legit and you have to pay them but this one is not a proper bylaws one from what I can tell and what I've been told from various people!

Thanks for your help though!:beer:

xHannahx

From reading local media court news the train companies are taking a fair few people to court with typical fine of £300-500 and compensation of the cost of the unpaid ticket plus costs.

A bye law offence I believe to be non recordable.

You've a gamble on your hands, pay the fixed penalty cost to make it go away, or go to court and risk multiplying it. Ignore it and they will no question take you to court. Just read local media court reports to see how many they are taking to court

Ticketless travel is a strict liability offence, the only defence is proving you hadn't passed an open ticket office.

Pop on rail forums UK where they have a section dedicated to prosecutions and disputes, I will tell you now they aren't very sympathetic but know their stuff regarding rail prosecutions so will be able to advise best course of action.

Hasbeen

xHannahx wrote: »

From reading local media court news the train companies are taking a fair few people to court with typical fine of £300-500 and compensation of the cost of the unpaid ticket plus costs.

A bye law offence I believe to be non recordable.

You've a gamble on your hands, pay the fixed penalty cost to make it go away, or go to court and risk multiplying it. Ignore it and they will no question take you to court. Just read local media court reports to see how many they are taking to court

Ticketless travel is a strict liability offence, the only defence is proving you hadn't passed an open ticket office.

Pop on rail forums UK where they have a section dedicated to prosecutions and disputes, I will tell you now they aren't very sympathetic but know their stuff regarding rail prosecutions so will be able to advise best course of action.

Op is asking advice on Parking ticket?