Railway parking ticket help

KeithP

If the Train Operating Company start a court claim, you can go to town against Care Parking.

Care have no authority to pass your details to the Train Operation Company. Full stop.

That is a clear breach of The Date Protection Act 2018 and their KADOE agreement with the DVLA.

In short: there will be no court case, neither Civil nor Criminal.

lmsol

Thank you so much. Really appreciate your help.

waamo

If it's over 6 months since the henious crime then they can't prosecute anyway.

The limit for initiating proceedings is 6 months.

lmsol

Today's post brought a note from DRP again saying that if I didn't pay they would recommend to the client that they proceed with court action unless I paid by 14.01.19

Just sit tight I guess?

waamo

No. Tell them that the 6 month limit to prosecute under byelaws has now passed and you require them to delete your data otherwise they will be reported for illegally processing data.

lmsol

I contacted Care Parking with regards to the 6 month byelaw and received a response:

"1. the bye laws you are refer to are in respect the metro-link and it's rail service bye-laws and is not applicable to the management of the car-park and its operation."

they then go on to say that I didn't comply with terms and conditions by not parking within a marked bay.

They they go on to say that they are following the process as defined in the British Code of Practice with regards to recovering unpaid parking charges.

Do I give up and pay DRP?

KeithP

lmsol wrote: »

Do I give up and pay DRP?

Only if you believe all that codswallop.

lmsol

Ok - so next steps just sit tight or respond to the letter?

Which part is incorrect? Any help/advice greatly received.

Coupon-mad

Please read post #4 of the NEWBIES thread, designed to avoid posts about DRP as we get far too many. None are needed. The advice doesn't change.

lmsol

Hello,

Like a good newbie should, and granted I didn't when I first received the ticket and subsequently came here, I have spent hours reading the newbies thread and posts about DRP and Zenith, byelaws, Magistrates, TOC, data protection...

I just want to summarise my case, and if anyone can confirm my course of action (since finding this forum) to be correct, please speak up. Anything else I should be doing, again, speak up.

The driver parked on a station car park, signposted "parking for rail passengers only" and travelled via train to work. The carpark was full, and the driver parked outside of a marked bay, but not obstructing anyone from leaving the carpark. I received a PCN from Care Parking. The car is a private lease I am the registered keeper.

I appealed the case at the first juncture, (before I came here) plainly asking for photographic evidence that the driver was causing an obstruction by parking outside an unmarked bay, and was provided with a series of photo and POPLA code. I then started to receive letters from DRP (x2) and wrote to Care Parking to kindly ask them to delete my data as six months had passed and under railway byelaws, this meant that they could no longer proceed with prosecution.

Their response (sent via "signed for") was "the bye laws you are refer to are in respect the metro-link and it's rail service bye-laws and is not applicable to the management of the car-park and its operation." - WHAT DOES THIS MEAN?

I ignored the letter and today received one from Zenith, which I realise is another name for DRP. I have ignored.

Am I doing everything right at this stage? Is the station car park 100% subject to bylaws? I have read that the fact Care Parking have passed it on to DRP is a sign that they have given it up as a lost cause as they would take the drive to court but will give DRP a shot at getting money from me that way.

Next steps, if I am correct, is to sit tight unless I receive an LBC or MCOL (?), in which case, I can prepare my defence from other posts post here and you guys will, very kindly, assist in making sure it is foolproof.