Parking Contract

Coupon-mad

If that was a reply from TFL, reply and point out that this is a far more serious matter than ''I asked the manager who is friends with NCP and they told him this'' and indeed if that's the basis of TFL's final answer, you now wish to escalate this as a complaint to that Manager to explain the basis of that opinion.

Point out that the bylaws refer to the 'parking of vehicles' and point out that the car parks are within the curtilage of the stations and the bylaws, therefore it is indisputable the bylaws apply, and can't just be ignored because they want NCP to harass people with fake parking charges because it's easier than using the bylaws and Magistrates' court.

Mr_Simmons

This is an excerpt from a FOI that I placed against TFL. Any thoughts please as they seem to say that POFA applies.

3. Is the car park legally covered by railway Byelaw?

Rail bylaws apply, however enforcement is carried out under Protection of
Freedoms Act. This is not inconsistent with a number of other TOCs and a
decision must have been made historically to do so for London Underground.
At this time, the belief was that, with Rail Bylaws as ‘primary’
legislation, the government may enact that these would apply and that POFA
would no longer be applicable in Rail car parks; with any enforcement
activity under Bylaw from that time. There has been no legislation on
this, POPLA are still dealing with these cases and any PCN issued under
POFA is valid. The Terms and conditions are displayed at the car parks.

Coupon-mad

Rail bylaws apply, however enforcement is carried out under Protection of Freedoms Act.

Impossible. The POFA Schedule 4 cannot and has NEVER applied on such land.

And their paragraph makes no sense at all and show they are guessing! LOL: ''a decision must have been made historically to do so for London Underground'' Hilarious guesswork.

The Local Authorities Ombudsman case from the other week which went against Kent Council on this subject, might assist in TFL's understanding...

https://forums.moneysavingexpert.com/discussion/comment/75452818#Comment_75452818

Do not send that as a FOI update, send the entire decision from the LA Ombudsman to TFL management, as a formal complaint about the lies in their FOI reply.

Ask them to read and digest it and reconsider their stance about 'being able to use the POFA' immediately. Suggest that people will start seeking compensation from TFL now, like they can from Kent CC who also erred in law about keeper liability, to the detriment of keepers who cannot be legally held liable.

I would finish by suggesting TFL might like to seek legal advice before the floodgates open, as people previously misled into paying NCP (even if they were not the driver) get TFL to compensate them. Tell them to get their house in order over the law in question and stop misleading registered keepers.