Paid for wrong car at station Indigo

ViciousHippo

I will do as you say (to write to Steve Clark at the BPA). Just so I understand - does the BPA have any influence over a case involving bye laws and railway land (whoever owns that) being operated by a train company?

Another letter from me is about to go in as follows. I am wondering whether my last sentence is accurate - can you claim compensation for distress in a Magistrates court?

Paying online with the incorrect VRM quoted is akin to making a bank transfer to pay an invoice (say to a solicitor like yourselves) with the wrong reference number quoted in the bank transfer. In no other walk of life would this result in the threats you make of criminal prosecution.
Let us summarise my actions;
1 I paid for a ticket for the correct amount for me to park at the station
2 I made an administrative error in informing your client for which car
3 Through the email confirmation I am able to prove that a correct payment was made
4 I have throughout this chain of correspondence offered to recompense your client for costs they incurred having to write to me due to my administrative error

These do not sound like the actions of a criminal to me.

Should you wish to take this to Court I will certainly be making a claim for costs and distress suffered.

ViciousHippo

Going through the legal side, I am confused again! Byelaw 14(4)(i) states

(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.

This would be £100 in my case. Enforcement is then as follows

Any person who breaches any of these Byelaws commits an offence and may be liable for each such offence to a penalty not exceeding level 3 on the standard scale.

So... I can be taken to Court for non-payment, and being a bye law this needs to be to a Magistrates Court within 6 months. The forums assume this is unlikely to happen. So far so good.

But let's say it did go to Court. I am clear there would be a criminal case leading to a penalty of up to £1,000. But what about the penalty already imposed under 14? This says a penalty is payable, but it does not say to whom. I could read this that the byelaw 14 penalty is and remains payable to someone - arguably to the car park operator as delegated by TOC? This is slightly different interpretation to the forums... Thoughts?

Based on this interpretation, once the 6 months has gone by, while I cannot be criminally prosecuted, bye law 14 has still "allowed" for a penalty to be payable. No further criminal sanctions can be imposed for non-payment, but the bye law 14 sum could be subject to some other civil claim perhaps, for example a simple debt.

This interpretation is at odds with other analyses, but I am interested to have any comments. I like to cover all the bases so we are all stronger whatever their lawyers throw at us.

waamo

If this went to court it would be a first. People have racked up multiple tickets and not gone near court.

Relax and just play mail ping pong. As has been said this times out after 6 months.

Coupon-mad

but the bye law 14 sum could be subject to some other civil claim perhaps, for example a simple debt.

No, it can't.

Hockey27

ViciousHippo wrote: »

Going through the legal side, I am confused again! Byelaw 14(4)(i) states


But let's say it did go to Court. I am clear there would be a criminal case leading to a penalty of up to £1,000. But what about the penalty already imposed under 14? This says a penalty is payable, but it does not say to whom. I could read this that the byelaw 14 penalty is and remains payable to someone - arguably to the car park operator as delegated by TOC? This is slightly different interpretation to the forums... Thoughts?
.

The fine would be payable to the crown, therefore the PPC wouldn't see a penny of it. Except to make an example of you, which they wouldn't do unless you are a serial offender, they wouldn't waste thousands of pounds taking you to court for nothing in return. So no, never going to court

Also, on the byelaw front, as you have said a few times, the ticket was paid etc etc. The offence is not paying charges where present, well, you did, so there has been no breach and taking a case to court on that basis, aka no evidence would get them floored by a magistrate.


Regards Steve Clark, I can attest to his actions as he has recently intervened for me in a case where I was still being pursued post 6 months statute. I took a more fact finding approach which may not have been the best as it did annoy him a touch, I would recommend being to the point, say its past 6 months, they're still chasing me, please assist.

Fruitcake

You should complain to your MP and Sir Greg Knight MP about this unregulated scam, especially once the six months cut off point has passed.
Also send a SAR to the scammers under the new GDPR and ask what data they have about you. They have a month to reply.
Once they have told you they still have your data after six months, you are up for a DPA claim.
Then start sending your own demands for payment to avoid prosecution.