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  • prosaver
    prosaver Posts: 7,026 Forumite
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    https://www.crosscountrytrains.co.uk/media/1058/railway-byelaws.pdf

    14. Traffic signs, causing obstructions and parking
    (1) No person in charge of any motor vehicle, bicycle or other conveyance shall
    use it on any part of the railway in contravention of any traffic sign.
    (2) No person in charge of any motor vehicle, bicycle or other conveyance shall
    leave or place it on any part of the railway:
    (i) in any manner or place where it may cause an
    obstruction or hindrance to an Operator or any person using
    the railway; or
    (ii) otherwise than in accordance with any instructions issued by or
    on behalf of an Operator or an authorised person.
    (3) No person in charge of any motor vehicle, bicycle or other conveyance shall
    park it on any part of the railway where charges are made for parking by an
    Operator or an authorised person without paying the appropriate charge at
    the appropriate time in accordance with instructions given by an Operator or
    an authorised person at that place.
    (4) In England and Wales
    (i) The owner of any motor vehicle, bicycle or other conveyance
    used, left or placed in breach of Byelaw 14(1) to 14(3) may be
    liable to pay a penalty as displayed in that area.
    (ii) Without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle
    or other conveyance used, left or placed in breach of Byelaw
    14(1) to 14(3) may be clamped, removed, and stored, by or
    under the direction of an Operator or authorised person.
    (iii) The owner of the motor vehicle, bicycle or other conveyance
    shall be liable to an Operator or an authorised person for the
    costs incurred in clamping, removing and storing it provided
    that there is in that area a notice advising that any vehicle
    parked contrary to these Byelaws may be clamped, removed
    and stored by an Operator or an authorised person and that
    12
    the costs incurred by an Operator or an authorised person for
    this may be recovered from the vehicle’s owner.
    (iv) The power of clamping and removal provided in Byelaw
    14(4)(ii) above shall not be exercisable in any area where
    passenger parking is permitted unless there is on display in
    that area a notice advising that any vehicle parked contrary to
    these Byelaws may be clamped and/or removed by an
    Operator or an authorised person.
    “Life isn't about finding yourself. Life is about creating yourself.”
    ― George Bernard Shaw
  • Redx
    Redx Posts: 38,084 Forumite
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    so its a private road and not adopted by the council

    the TOC could issue a penalty under the bylaws within 6 months

    PCM are trying to sc@m you , dont fall for it , do not pay it
    PCM are not authorised to issue penalty notices under the bylaws

    if it went to court , what you said above would be a major part of your defence , and rightly so

    and how can members give advice about railway bylaw issues if they do not even know what a TOC is ?
  • jrc123
    jrc123 Posts: 246 Forumite
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    IamEmanresu - I stopped halfway down

    I am uploading images now which will help
  • Coupon-mad
    Coupon-mad Posts: 132,100 Forumite
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    prosaver wrote: »
    whats toc?

    More importantly, why are you advising someone to PAY a private parking charge, on land where in fact, only the TOC could pursue a real penalty (which this is not)?

    Of course they do not pay a third party pretending that contract law can apply there.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jrc123
    jrc123 Posts: 246 Forumite
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    Sorry if im a bit slow could some summaries this up?
    Its been a long day :-(
  • Coupon-mad
    Coupon-mad Posts: 132,100 Forumite
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    Summarised by Redx:
    PCM are trying to sc@m you , dont fall for it , do not pay it
    PCM are not authorised to issue penalty notices under the bylaws

    if it went to court , what you said above would be a major part of your defence

    ...ignore all debt letters. Come back if they actually try a small claim. We will help.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
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    its a private road and comes under railway bylaws

    the TOC could issue a penalty notice within 6 months and take you to magistrates court where you could plead your case (using the correct argument you gave earlier)

    PCM have no authority to issue a parking charge notice, or a penalty charge notice either

    PCM cannot take you to magistrates court, only the TOC can (but is unlikely)

    PCM could try a civil court case (MCOL) within 6 years but your argument above would be one of many legal arguments in your defence that should sway a judge in your favour (and has done several times before in similar cases recently)

    IGNORE anything apart from the following

    an LBC from PCM themselves , in the post

    an MCOL from Northapton , in the post

    a charge from the TOC at that location within 6 months

    ignore the DEBT COLLECTORS
  • jrc123
    jrc123 Posts: 246 Forumite
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    so bascially what PCM are doing is not correct and the fine has to come from Network Rail ?

    Definitely ignore all letters ?
  • prosaver
    prosaver Posts: 7,026 Forumite
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    Redx wrote: »
    so its a private road and not adopted by the council

    the TOC could issue a penalty under the bylaws within 6 months

    PCM are trying to sc@m you , dont fall for it , do not pay it
    PCM are not authorised to issue penalty notices under the bylaws

    if it went to court , what you said above would be a major part of your defence , and rightly so

    and how can members give advice about railway bylaw issues if they do not even know what a TOC is ?
    I drove down a public road which PCM Ltd operate.
    so what is i dont know what toc means ??
    anyway he park simple as that, and ussally the fine less if you pay it early to PCM Ltd .. dont think its a con tho..
    http://paymypcn-uk.co.uk/ contact them if your not sure
    “Life isn't about finding yourself. Life is about creating yourself.”
    ― George Bernard Shaw
  • jrc123
    jrc123 Posts: 246 Forumite
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    these are the images in this order



    1st image - arriving
    3rd image - getting out of car
    2nd Image - walking to read sign

    all other images show me driving off

    does this help?
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