Help please!

Lemmypoos

Hello

I received a parking ticket at my local station around a month ago. I had paid for parking by phone - when I remembered that day and was still in London - but didn't know at the time that a ticket had already been issued. I would've driven out of the car park around 1.5 hours after paying (and commuting home).

The byelaw - 14 - the owner of the vehicle (not me) is said to have breached cannot be correct because it concerns displaying a valid ticket and you don't do that when paying by phone.

I have read the newbie thread but would just like advice as to what I should be saying to the "Overdue Penalty Notice to Owner" letter the owner has just received.

I'm minded to appeal including a copy of the receipt for the parking but don't want to do anything to jeopardise any future appeal so should I also be raising the point that it doesn't say anywhere on station signage that you have to pay by phone by a certain time - just that you have to pay (which I did).

If there is another thread dealing with this issue could somebody please point me in the direction of it (I'm heavily pregnant and not operating at 100%!!).

Thank you!

Fruitcake

What is the name of the parking company please?

Only the train operating company can take the owner to court, and then only for trespass, and then only within six months of the alleged date of the incident. Your job therefore is to drag this out for six months until it is statute barred.

Carthesis

You're pregnant, so have a protected characteristic under the Equalities Act which the PPC is *REQUIRED* to make a reasonable adjustment for.

it's on railway land, so only the railway company can take court action, and then only for trespass. They can't use POFA for Rk details. Clearly you weren't trespassing, because you've paid (albeit a bit late). Worst they could do would be a minor breach on contract terms for not having a valid ticket at the time of inspection, but as you've paid the full price anyway they've suffered no loss.

I'd write to them, pointing out the railway byelaws that say only the DRIVER can be held liable, and only for trespass through the courts. Include a copy of the receipt to demonstrate that you have paid for the appropriate period of parking. Point out additionally that you have a Protected Characteristic under the Equalities Act 2010 for which they are required to make a reasonable adjustment - in this case you were thinking about other things and didn't pay the parking fee until later in the day, and minor events of absent-mindedness have apparently been properly attributed as a side-effect of pregnancy. By continuing to pursue you they're engaging in "indirect discrimination" for which they could be liable if you decide to take it further. Point out that a railway car park covered by byelaws isn't relevant land under POFA, so they can't transfer liability to the driver.

Then invite them to cancel the "fine" on the grounds of no standing and no loss.

Lemmypoos

Thank you so much for the responses, I really appreciate your help!

The parking company is Indigo and the letter the owner has received is from "PCN Admin Centre".

I've realised when retrieving the receipt for this that I paid a reduced amount (after 10 am) because of the time that I paid (there isn't an option to pay the full amount after 10 am - I've just checked). Ticket was issued late afternoon though - do you think this is a problem?

Carthesis

Shouldn't be. Just don't point out the time discrepancy, but if they bring it up, don't lie about it.

Lemmypoos

Thank you again I really appreciate your help.

Lemmypoos

Sorry - this is probably a silly question - when you say write to "them" do you mean Indigo/PCN Admin Centre, the railway (not sure who this would be exactly) or both?

Carthesis

Lemmypoos wrote: »

Sorry - this is probably a silly question - when you say write to "them" do you mean Indigo/PCN Admin Centre, the railway (not sure who this would be exactly) or both?

To Indigo. You could write to the Train Operating Company that manages the station as well, pointing out to them that if their agents (Indigo) don't cancel the ticket, they could find themselves jointly and severably liable.

catfunt

Carthesis wrote: »

I'd write to them, pointing out the railway byelaws that say only the owner can be held liable, and only for trespass through the courts.

.........Driver???

Carthesis

catfunt wrote: »

.........Driver???

Er yes! Driver! Fingers-before-brain error!

Coupon-mad

No, the railway byelaws say OWNER. We've won POPLA appeals on that basis.