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  • yotmon
    yotmon Posts: 485 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    jrc123 wrote: »
    LOADSOFCHILDREN123
    also if i need to make a defense would i use similar points used on that link you posted?

    I wouldn't worry about building a defence until someone actually attempts to sue you. Just gather what info has been given and keep all paperwork until such a day that Gladstones flex their muscles and issue an LBC. No point worrying about something that may or may not happen.
  • Coupon-mad
    Coupon-mad Posts: 155,523 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jrc123 wrote: »
    LOADSOFCHILDREN123
    also if i need to make a defense would i use similar points used on that link you posted?

    You would use what LoC has shown you in her post and in the link, then show us your draft before you submit it. We help people to win. Four on here won today, no losses.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • But yes, don't stress about it yet. The parking company may well not pursue you beyond chaser letters.
    Good that there is a photo of you driving off. Presumably time stamped.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    hi all thanks for all the help.

    You're all very right not too stress unless i receive the court papers etc.
    i have made note of all
    Cant be more thankful for all the help!
    If it goes further i shall be back

    thanks again
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Afternoon all

    I received back this information:

    Dear Sir,
    Information request

    Thank you for your request of 30th May 2017. You requested the following
    information:

    I have recently raised and issue with Network Rail - SR170515-000351
    I would like to know if PCM Ltd have an agreement to give out parking fines on
    Joseph Ray Road, Leytonstone, E11?

    I would like to know whether the road is subject to railway Bye Laws or not?
    You then emailed us again on 31st May 2017 to add the following to your request:
    Please could you tell me also

     Who is the Train Operating Company for this site?
     If the Train Operating Company has franchised this site out who has it been
    franchised too?
     Or if it is the other way round that the site has been rented by a Train

    Operating Company?
     Who is the TOC (franchisee) for that area and stations?
    I have processed your request under the terms of the Freedom of Information Act
    2000 (FOIA).

    I can confirm that we hold the information you requested.

    Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 https://www.networkrail.co.uk

     I would like to know if PCM Ltd have an agreement to give out parking fines on
    Joseph Ray Road, Leytonstone, E11?

    I can confirm that PCM Ltd have an agreement with us to distribute parking fines.
    They monitor this location and a number of others on our behalf. This process was
    introduced at this location because members of public and some of our tenants were
    parking on the yellow hatched area and yellow double lines.

     I would like to know whether the road is subject to railway Bye Laws or not?

    I can advise that our land, no matter who operates it, is subject to Railway Byelaws.
    The British Transport Police enforce these byelaws as required on any station
    infrastructure.

     Who is the Train Operating Company (TOC) for this site?

    With relation to your third question, I can confirm that the franchisee for Leytonstone
    Underground Station is Transport for London (TFL) but Joseph Ray Road is not let to
    the TOC as part of the franchise.

    If you have any enquiries about this response, please contact me in the first instance
    at FOI@networkrail.co.uk or on 01908 782405. Details of your appeal rights are
    below.

    Please remember to quote the reference number at the top of this letter in all future
    communications.

    Yours sincerely
    Network Rail

    Does this change anything?
    Do any of the byelaws protect this?

    thanks
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I can confirm that PCM Ltd have an agreement with us to distribute parking fines.

    I can advise that our land, no matter who operates it, is subject to Railway Byelaws.
    The British Transport Police enforce these byelaws as required on any station infrastructure.


    Two contradictory statements, written by someone who doesn't know what thy are talking about in my opinion.
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    So no TOC involved, the land is still in the hands of Network Rail and is subject to Railway Bylaws, so not relevant land for the purposes of POFA, so no keeper liability.

    Nothing further for you to do at this stage, except perhaps put a mark in your diary six months after the parking event when any chance Network Rail have of taking you to the magistrates court expires.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    as above

    as this is NETWORK RAIL and operated by the BTP then only they can issue a penalty and only NETWORK RAIL can take this to a magistrates court within 6 months

    the PPC have no jurisdiction due to bylaws being in place and so no "fines" can be issued , especially not by CPM

    so nothing more to do but sit out all the incorrect demands and once 6 months have passed NETWORK RAIL and the BTP can do no more either

    so be it NETWORK RAIL , TOC or the BTP, its nothing to do with sc@mmers like CPM
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    thanks everyone! amazing help!
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    afternoon all,
    so the time has come i recieved today the LBC from Gladstones.
    Dated 25th July.

    image here of letter: imgur.com/a/bzGDQ

    Few questions
    1). is this letter all legit?
    2). Should i follow the same replies which i read on the newbie thread as used by Gan?
    3) should i send i regular post with proof of potage? not signed/recorded?

    let me know what i should do thanks
    J
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