northern Rail

adele_b

I would like to raise a thread about Northen Rail. I recicved Penalty parking notice at ashton under lyne station back in March for allegedly parking on an embnkment which they deemed not to be a 'Designated area' at first they were saying they my vehicle was causing an obstruction and not parking in a designated area but they dropped the obstruction bit when challenged. The 'Fine' was £50 but when went to the website, paynr.co.uk the bill was £55! this is just one of the isssues I have to raise about this so called 'Fine'.
The actual ticket, Penatly Parking Notice noted the vehicle was not parked in a marked bay and also not in a designated area, but says on the ticket underneath the alleged offecnces are the words 'in contravention of the railway byelaws as displayed by the signage' I have looked in depth of this railway byelaw, in this case railway bylaw 14.2, and connot understand the link to this bylaw and parking. if I were parked ON the railway itself I can understand but where I was parked at the time was in the adjacent car park which I now know is owned and run by northern rail themselves. It was northern who have issued the fine. It is worth noting here that they are not asssociated with any parking accociation i.e the BPA or the IPC as they came out of the schemes summertime of last year.

Failing to pay would mean Magistrates court at the end of the day and who can afford to have a criminal conviction to their name? so after a long debate with northen plus a visit to my MP and raising the issue with Transport Focus, all unsuccesful, I unfortunatly paid up. I was horrified to see there had been an extra £5 applied for no apparent reason so I complained to Northen, the last email communication I had was in October saying someone from northern would contact me but not as of yet I have heard nothing and dont expect to now as they will not want to spaeak to me after I have discovered a few things since the PPN was issued.
Firstly there was NO signage on thet particular embankment to suggest thet particular spot was not a 'Designated area' but now as of JUNE this year miraculously there are signs there! can you belive it! in the Letter a seniour steakholder sent me after representation from my MP they actually admit this.
Secondly, what is the extra £5 about?
Thirdly, WHAT HAS BYELAW 14.2 HAVE TO DO WITH PARKING?
Can anyone help? It looks as if the only way for them to listen is to take them to court to ask a judge to listen to my case aginst them, then they would have to listen.
I have also spokle to the Office of rail and road but they just directed me back to Transport Focus.
Northern seem to be un-regulated and so it seems, have a carte blanch to 'Fine' whoever they want under these outdated 'Bylaws'
again it is worth noting here that, due to a freedom of information request to the department for Transoprt, it is stated that 'No other person or body other than the court is able to impose a penalty for breech of the bylaws 14 (1-3) amded under section 219 of the transport act 2000.
As transort solicitors would know, any criminal offence must carry a loss, what can Nothern have possible lost by me parking in thir own car park, not causing any obstruction.
Finally , I contacted the Traffic Penatly tribunaral but they also said they could not help as they deal only with council and police cases. They pointed out though that it sounds very much like a Private land ticket therefor falls under contract law or contractual agreement. if this is the case it cannot be contract law AND byelaw 14 at the same time, it has to be one or the other!
I have contacted the department for transport again to see if they can direct me to what to do next. I am looking into taking them to court to have my case heard but I do not even know which court to look at, County (small claims) or magistrates!
COFUSED and FUMING....HELP!
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pappa_golf

what date did you pay on?

Redx

bylaws apply on non-relevant land like railway land and this has been discussed many times on here and on pepipoo forums

so as landowner they can sort out their own parking and can take the driver to magistrates court within 6 months for a byelaw infringement

so no its not "private parking" , nor is it police or council

its private land , not relevant under POFA 2012 and nothing to do with the BPA , nor the IPC , not the police , not council

its private land and the landowner can issue the notices under the byelaws

this tends not to happen in most cases , like down south at stations etc, nor at airports , ports or in manchester not on Metrolink either

so yes its a byelaw issue and a valid penalty notice issued under byelaws

it is all railway land , including the parking area , not just where the rails are

pappa_golf

I recicved Penalty parking notice at ashton under lyne station back in March

the last email communication I had was in October


bylaw offences can only be sent to court within 6 mths

you have been conned!

suggest you take out a CC claim to reclaim your money

(there was a case on pranksters site , but cant find it)