VCS at a railway station - court claim papers received

danlightbulb

Guys genuinely its not that black and white, hence I need to PM someone rather than give something away here. If someone is willing to discuss with me then you'll understand why.

I have received advice on pepipoo but not about this issue, and I can't post about it for reasons above.

The byelaws issue is entirely confusing and I have received conflicting advice on pepipoo.

Quentin

It is unlikely you will get PM from a reliable source.


However if you do get a PM, then take care over what you divulge if it is so sensitive as some people come here who are not who/what they appear to be!

danlightbulb

So I'm stuck then. I cannot post about the issue I have as it may identify the driver. It may be of no consequence, in which case some specific advice on it from someone who knows what they are doing here would be all that's needed and I could then post about it.

The short answer is that there may have been a partial appeal from the driver which was not completed nor ever acknowledged.

The particulars of the claim do not explicitly state the driver - they say 'at all material times the defendant was the registered keeper and/or the driver of the vehicle'.

The notice to keeper is also not specific and is actually titled notice to keeper/driver. The text on the notice to keeper/driver is also general to both cases.

No documentation I have received makes reference to byelaws although the signage on site clearly states that the site comes under the Railway Byelaws 2005.

danlightbulb

Can anyone point me to where it says that the time limit for prosecution under the railway byelaws is 6 months please?

Rover_Driver

danlightbulb wrote: »

Can anyone point me to where it says that the time limit for prosecution under the railway byelaws is 6 months please?

s.127, Magistrates' Courts Act 1980.

henrik777

http://www.legislation.gov.uk/ukpga/1980/43/section/127

danlightbulb

Thanks guys.

I have posted my first draft of a defence if anyone would take a look:

http://forums.pepipoo.com/index.php?showtopic=104939&st=40


What happens now. My defence is too long for putting in the online form.

At what point (if at all) does VCS come back with a counter and any further evidence, such as photographs?

Redx

please read the bargepole explanation thread linked from post #1 , court sub-section of the NEWBIES sticky thread

also have a look at what is said and the links given , plus read the parking prankster court guide

then it may become clear

but people wont repeat what is already in those sticky threads and links

assume they do not know who was driving, assume they are not following POFA2012, (also assume they are not using byelaws, even if they exist)

plan your defence accordingly

Quentin

danlightbulb wrote: »

I have posted my first draft of a defence if anyone would take a look:

WADR, starting a new thread here as well as Pepipoo is fine, but to expect us to go to another forum where you are getting advice to read up your draft defence there then come back here to post suggestions/comments is a step too far!

danlightbulb

Apologies I just didn't want to unnecessarily create a wall of text here too. I will wait until I have received comments over on pepipoo before returning here so that I am not duplicating queries