11 Indigo PCNs

Whatapain

thought Byelaw = not PoFla 2012 = no owner liability?

Just when you think you get it you don’t!

twhitehousescat

by laws sort of over ride pofa on railway land

they cannot pick n choose

by laws is trumps

to quote asparking (or is that absolute-secure-parking)

The Railway Byelaws 2005 (the Byelaws) regulate the use and parking of vehicles in station car parks. The Protection of Freedoms Act (POFA) 2012 does not apply on Railway Land.


A person using a station car park must pay the parking charges levied by the Parking Operator, under Byelaw 14(3). Under Byelaw 14(4)(i) the owner of the vehicle may be liable to pay a penalty if it has been used, placed or left in contravention of Byelaws 14(1) to (3). The ability to render a charge under Byelaw 14(4)(i) is distinct from the general enforcement power in Byelaw 24(1), under which a person can be prosecuted in the Magistrates Court.


The Department for Transport (DfT), in June 2018, confirmed that they consider Parking Operators have a remit to issue penalties under Byelaw 14. They have further said that, as a matter of good industry practice, a person issued with a parking ticket should be provided with the opportunity to appeal against it to a body that is independent of the parking operator. They have not specified that this should be any one appeals body. Members of the British Parking Association are required to offer a second independent appeals process to its customers.


The Byelaws do not specify the timescales of the issuing of a Penalty Notice, however, the Parking Operator is unable to prosecute for a breach of Byelaws after six months.


The appeal decision made by AS is binding on the Parking Operator, however not on the motorist, who has the option to take the matter to the Magistrates Court within the 6-month timescale.

waamo

Whatapain wrote: »

thought Byelaw = not PoFla 2012 = no owner liability?

Just when you think you get it you don’t!

POFA gives keeper liability not owner liability. There is a difference.

Whatapain

Yes and POFA does not apply to byelaw so owner or keeper liability does not apply to byelaw - correct?

twhitehousescat

Whatapain wrote: »

Yes and POFA does not apply to byelaw so owner or keeper liability does not apply to byelaw - correct?

The Railway Byelaws 2005 (the Byelaws) regulate the use and parking of vehicles in station car parks. The Protection of Freedoms Act (POFA) 2012 does not apply on Railway Land.


A person using a station car park must pay the parking charges levied by the Parking Operator, under Byelaw 14(3). Under Byelaw 14(4)(i) the owner of the vehicle may be liable to pay a penalty if it has been used, placed or left in contravention of Byelaws 14(1) to (3). The ability to render a charge under Byelaw 14(4)(i) is distinct from the general enforcement power in Byelaw 24(1), under which a person can be prosecuted in the Magistrates Court.


the Parking Operator is unable to prosecute for a breach of Byelaws after six months.


I do notice that AS have spelt bylaws incorrectly several times

waamo

Under byelaws it is the owner who is responsible. The parking company can only get the details of the registered keeper who may or may not be the owner.

Under POFA they can chase the registered keeper. Byelaws don't give them that option.

Whatapain

So why under Byelaw 14 would anyone car about the driver at all ?

twhitehousescat

waamo wrote: »

Under byelaws it is the owner who is responsible. The parking company can only get the details of the registered keeper who may or may not be the owner.

Under POFA they can chase the registered keeper. Byelaws don't give them that option.

CORRECT and clearly why in the as parking (we a a prosecution club) form it ask you to select

1: I am the the owner , or 2: I am appealing on behalf of the owner (please include owners blood group and shoe size)

Whatapain

So if you Twhitehousescat, lend your car to a friend, and he parks and gets a PCN on a railway car park and does not appeal, you are liable?
And nobody other than the TOC can actually take you to Magistrate court, who will not give anything back to the TOC or the Parking Operator as it goes to government?
That is if TOC can put together properly a LCB properly which and if you are proven wrong and if iniated within 6 months of actual “breach”?

So even if (another if) your friends identifies as the driver at the time, he still can not be liable as he is not the owner?

Like all that brain gymnastics..

twhitehousescat

and there's more

listen

indigo haven't got permission from the train company that own the land to take you to court , indigo cannot pass your info to train co

by filling in the appeal with as , you are giving a company that specialises in debt prosecution your full details , a company that the train Co HAVE given permission to to start court action

you are correct , the parking co will get nothing if it goes to court , however the train co will get "compensation" on top of the penalty


as mentioned before https://forums.moneysavingexpert.com/showpost.php?p=75321787&postcount=24