Not in a marked bay. Station car park

mlun

I've had a penalty notice in a Railway car park for not parking in a marked bay. I was in a space at the end of a row and there was no white line around the space other than the one side. However, the space is the same size as those marked. Beyond the space is a hatched area which protects the access to a gate. Between the space and the hatching is even a small metal barrier - so a car in this space provides zero impediment to the access. There is no sign or marking to say it is not a usable space. Since receiving the ticket I have been back to the car park and seen vehicles in this space with penalty notices and it feels like the parking company employed by the rail company are seeking to make money by what might be called entrapment. I have appealed but do not expect success. Advice would be appreciated please - on what grounds can I take the appeal further?

Carrot007

They don't mark non spaces, they mark spaces. One side marked does not make it a space.

Coupon-mad

Carrot007 wrote: »

They don't mark non spaces, they mark spaces. One side marked does not make it a space.

So?

A fake PCN pretending to be a 'penalty' doesn't make it payable either!

mlun wrote: »

I've had a penalty notice in a Railway car park for not parking in a marked bay. I was in a space at the end of a row and there was no white line around the space other than the one side. However, the space is the same size as those marked. Beyond the space is a hatched area which protects the access to a gate. Between the space and the hatching is even a small metal barrier - so a car in this space provides zero impediment to the access. There is no sign or marking to say it is not a usable space. Since receiving the ticket I have been back to the car park and seen vehicles in this space with penalty notices and it feels like the parking company employed by the rail company are seeking to make money by what might be called entrapment.

I have appealed but do not expect success. Advice would be appreciated please - on what grounds can I take the appeal further?

We do expect success (in the end). is this Indigo, or NCP, or MET, or VCS?

Fruitcake

What is the name of the parking company please?
Did you appeal as keeper or driver?

Is the car park covered by Byelaws? (I expect so otherwise you wouldn't have use the word "penalty.")

Was a Byelaw infringement mentioned on the PCN?

If this car park is covered by Byelaws, you need to drag this put past six months when it becomes statute barred.

mlun

Coupon-mad wrote: »

So?

A fake PCN pretending to be a 'penalty' doesn't make it payable either!




We do expect success (in the end). is this Indigo, or NCP, or MET, or VCS?

It is Indigo

mlun

Thanks for response. the company is Indigo. I appealed as driver. Where might I find the byelaws? On the rail company website?

pappa_golf

you wil find they hide this fact from you , there will be signage at the site or even mention on the piece of paper from indigo saying bylaw 14

bacicly , the parking co cannot take you to court , only the train co , and they have to do it within 6 mths

rather than type a lot out , read this http://forums.pepipoo.com/index.php?showtopic=110008

Fruitcake

mlun wrote: »

Thanks for response. the company is Indigo. I appealed as driver. Where might I find the byelaws? On the rail company website?

Normally it is better not to give away who was driving and appeal as keeper, but luckily where Byelaws are in force, only the vehicle owner can be held liable, and only by the train operating company, and only for trespass, and only within six months.

There should be signs at the station car park denoting whether byelaws apply. As previously asked, does the PCN mention byelaws?

You need to make a PoPLA appeal as driver when you get the inevitable rejection and PoPLA code from the scammers. Don't rush this. Come back here when you get the code and read the most recent successful appeals in the POPLA Decisions thread, plus the template appeal points in the NEWBIES thread.
Construct your appeal and post it up here for checking before you send it, and send it as late as possible.