Indigo/Train Station - Penalty Notice

G-Man10

Image links below. First one is Bylaws sign off the beaten track. Second one is Premier Parking section where the markings are what you would consider normal. Third and Fourth are the joke markings that are most likely illegal or not enforceable. I wonder if the ticket monster photographed the car when parked if it shows where exactly it was parked but I'd guess if no photos show this or they show it's in the faded section, it would surely be a successful appeal with the below evidence of the shody markings!

hxxp://imgur.com/a/JvrdS

hxxp://imgur.com/a/f8ofd

hxxp://imgur.com/a/4Jj9m

hxxp://imgur.com/a/p3UEV

Handbags-at-dawn

http://imgur.com/a/JvrdS

http://imgur.com/a/f8ofd

http://imgur.com/a/4Jj9m

http://imgur.com/a/p3UEV

G-Man10

Thanks. Images of faded markings are above...

Castle

Handbags-at-dawn wrote: »

http://imgur.com/a/JvrdS

http://imgur.com/a/f8ofd

http://imgur.com/a/4Jj9m

http://imgur.com/a/p3UEV

Failure to pay a penalty notice is not an offence under section 24(1). You should report this to TS.

Handbags-at-dawn

Castle wrote: »

Failure to pay a penalty notice is not an offence under section 24(1)..

Absolutely. It's a blatant, outrageous misrepresentation.

TOCs rely on Byelaw 14 (4)(1) which says (meaninglessly) that an owner "may be liable for a penalty as displayed in the area". They deliberately mis-interpret this to mean that an owner's refusal to pay such a penalty is a breach of the byelaw, and is therefore an offence. This is nonsense. The byelaw merely describes a possible state of affairs. It is not possible to breach a state of affairs.

This is confirmed in this FOIR: https://www.whatdotheyknow.com/request/statistics_for_prosecutions_of_r?nocache=incoming-1125123#incoming-1125123
where the Ministry of Justice says: "Please note 14(4)(i) is not itself an offence but simply stipulates the penalty for any of these three offences."

In any event, the "penalty" cannot possibly be enforceable. No-one but the Court can impose a penalty for breach of the byelaws. And even if a mere TOC were given the power to do so, it couldn't until the alleged offence had been proved before an independent tribunal. Innocent until proven guilty: that's the law of the land,

Few people would believe that a major service-providing company could tell such big fat lies. I guess that's how they get away with it.

G-Man10

Windscreen notice towards end of March, still nothing through the post yet....that 6 months clock is slowing ticking away.

KeithP

Have you reported them to Trading Standards as Castle suggested in post #35?

G-Man10

Yes I did all that was advised such as complaining to trading standards etc.

I decided to appeal in the post just before the 28 days to play ball because I felt that we had a strong case as per the very worn barely visible markings. How they can justify a ticket for being in a "premier parking" area that has invisible worn markings when the driver has paid for parking already is beyond belief. The appeal was sent with all evidence including worn marking photos etc but no address or contact number because they can work for that if they want it. Since revisiting station I believe the lines have now been redone. Unbelievable. Can still view the PCN details and appeal via the website and it's been showing as received since the appeal was sent. Logged in today, and guess what, yep, rejected...but it allowed me to submit a new appeal strangely so just re did the appeal with the same info and no contact information.

Let the fun and games begin.

Coupon-mad

Don't forget the SAR after 25th May, as we will encourage everyone to start doing to every PPC that issues a PCN/LBC/debt letter. It's free. See other threads, no time to repeat it all.

Trainharder19

G-Man10 wrote: »

Thanks. I'll wait for and if the notice to keeper/owner arrives. I'll be leaving London towards early May for the summer but I'll have someone to open my post. I wonder if there is a time period that lapses when/if you don't receive an NTK where you are in the clear so to speak?

Anyway, thanks for your help. I'll sit tight, and no doubt be back to this thread to update in the future. Thanks!

hi
did the notice to owner ever come through? I have just received mine and not sure what to do next ..please advice thanks