Railway PNs - is 6 months really the end?

Artegal

I’m contesting a railway penalty notice posted to me by Indigo in November 2018. I’ve read the Newbies advice and a huge number of Indigo threads so know to string everything out for 6 months. Has anyone been harassed after 6 months for unpaid penalties? I’m sure I read somewhere about debt collectors being able to pester for 6 years.

DoaM

They may still try to pester. You then put them on notice that their actions are harassment and any further communication will result in a claim for damages caused by their harassment.

A debt collector can never raise a small claim for an alleged debt (unless that debt had been properly assigned to them, which the defendant should know as they must be copied in on the assignment).

A bylaws case can never result in a small claim - it can only be pursued as a penalty claim in magistrates court, and there's a 6 month limit for this.

nosferatu1001

Of course they can harasss you
THey will claim initially its a penalty under the byelaw, then an offer to avoid prosection, and somehow by not taking up this offer there is now somehow a debt...

Handbags-at-dawn

Indigo's tickets (in the days they called themselves Meteor) used to be for breach of contract (a civil, ie non-criminal, matter) rather than breach of the Byelaws (which falls within the criminal law). The advantages were:-
a) Parking charges under contract are legally enforceable, and
b) under contract law they had 6 years to keep on chasing.
The downside was, they could only pursue the driver for breach of contract and had no way of knowing who that was. For years they or their TOC clients tried to bully registered keepers into paying by claiming, falsely: "You are legally liable for this parking charge even if you were not the driver at the time." Eventually, after a lot of complaints, the DfT stepped in and they agreed to pack it in.

What they actually did was change tack. The Byelaws confusingly hint at owner liability for a penalty issued under the Byelaws. So they switched to Byelaws enforcement and used the reference to owner liability to bamboozle RKs into believing they must pay the penalty, and can be prosecuted if they fail to do so. The upside (for them) is that few motorists realise it's completely untrue; and the false threat of prosecution is an extremely effective weapon. The downside (for them) is these home-made penalties are completely unenforceable, and after 6 months the driver cannot be prosecuted either - see s127 Magistrates Courts Act 1980
https://www.legislation.gov.uk/ukpga/1980/43/section/127

The_Deep

If they waste your time, waste theirs. Involve your MP.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Coupon-mad

Railway PNs - is 6 months really the end?

Yes if it's called a 'penalty charge notice' (e.g. Indigo or CP Plus).

No, if it's a bog standard contractual parking charge notice (e.g. NCP, APCOA).

CJCLAR

I received a penalty notice at Esher, Surrey but it is dated over 6 months ago! It's dated 01 April 2019 and it states the offence was dated 12 October 2018. Does anyone know if this is still valid? How can they go back to something from 6 months ago?
Advice please - Thanks