Northern by Arriva Parking Notice

The_Deep

They cannot get the owner's details in any case. There is no such register, and the owner could be a bank, a HP company, a company, etc.

The only register is of a registered keeper, who is not liable under POFA. Unless they can prove who was driving they are, imo, Donald Ducked.

wimboosh

So it seems to me that ignoring the ticket would be the right way to go...

1 - They don't appear to be part of the BPA or AOS which means they cannot access the RK's details (even using a V888)
2 - If they do access it then they're most likely breaching the DPA
3 - Even if they do somehow legitimately get the details, the RK is still not liable for payment even under PoFA as the ticket was issued using bylaws

Seems like a major loophole as it would mean ALL tickets issued are invalid but the driver will take it if it saves paying Northern Fail anymore money

Coupon-mad

I am not keen to advise ignoring Northern Rail due to more than one pepipoo thread that show that NR do take these case to Magistrates' court, on occasion.

This is different from Indigo/SABA railway fake penalty letters that CAN be ignored.

Replying to Umkomaas (it won't let me post links or quotes as a newbie!)

Show us the PCN, both sides, changing the http to hxxp to get around links.

wimboosh

Just a quick update to those that are still interested...
The RK decided to ignore the ticket (against the advice of some people on here... :think:), all was good for a few weeks however a letter came through the post the other day explaining that the fine had now gone up to £90 as it had not been paid and that the RK would have 14 days to pay.
I now believe that the RKs details (address and full name) may have been accessed unlawfully as Northern Rail Parking are not park of an ATA and the ticket was issued under Railway Byelaws meaning the PoFA is useless.
I'm also now wondering whether the ticket is a form of bribery as it is a criminal offence and NR are essentially saying that if the fine is paid then the case won't be taken to court.
Has anyone got any thoughts on this?

Quentin

Help us to help you

Ignoring the advice you get here surely wasted both your time in coming here and ours too!

Now please do as requested in #14

wimboosh

Quentin wrote: »

Help us to help you

Ignoring the advice you get here surely wasted both your time in coming here and ours too!

Now please do as requested in #14

The advice wasn't ignored, it was taken on board to make a decision (along with a bit of my own research) to ignore the ticket as I figured they wouldn't be able to get my details legally for the reasons I mentioned before.

Apologies for not uploading a picture of the ticket previously (the RK has been on holiday since and it slipped their mind :cool2:), I will get something uploaded tonight when I get home.

waamo

They can legally obtain the registered keepers details. As the landowner they are entitled to ask in order to aid identification of the person who committed the crime.

wimboosh

waamo wrote: »

They can legally obtain the registered keepers details. As the landowner they are entitled to ask in order to aid identification of the person who committed the crime.

Under what legislation?
I'd agree with that if it wasn't issued under a byelaw meaning the Protection of Freedoms act does not apply. Therefore, the only other way they could get the details is if they applied through the DVLA as a member of an ATA (BPA or IPC) which as far as I can tell, they are not?

nosferatu1001

Under the legislaiton of - thats what landholders can do.
They can use the V888 process. This predates POFA. This i swell known.

Umkomaas

wimboosh wrote: »

Under what legislation?
I'd agree with that if it wasn't issued under a byelaw meaning the Protection of Freedoms act does not apply. Therefore, the only other way they could get the details is if they applied through the DVLA as a member of an ATA (BPA or IPC) which as far as I can tell, they are not?

Why not address your question to the DVLA as they supplied the data to NR. They will no doubt give you the relevant legislation. Send them a 'How dare you ....' email and see how they respond.

If you came home and found a random vehicle on your drive, where would you go to find out to whom it belonged? Or do you feel there is no legal way of finding out, so you're stuck with it there for the duration?