PCN 2nd Appeal Rejected, Can I Win if I Allow it to go to Court?

shamsdebaron

Hello, I have been unfairly given a penalty charge notice at Brighton Train Station. They are saying I did not pay for a ticket as my registration does not appear on their records. I have proof of paying in the form of a bank statement but they refuse to take this as valid evidence.

Unfortunately I binned the actual ticket since I didn't expect to be hit with this 2 weeks after. I have contacted my local magistrates' court in order to take them to court first but they have told me that I am unable to do that and I have to wait for them to issue a court summons for non-payment. However they told me to seek independent legal advice first as it could cost me a lot more than the £100 fine if I lose.

Essentially my only evidence is a bank statement on the date of when I was there for the total of £8.10, whereas their evidence is that my registration does not appear on their record.

Do you think this is enough to get the notice repealed?

waamo

Who issued the ticket? Was it SABA by any chance?

shamsdebaron

Yes, it was them

foxy-stoat

Sounds like you didnt input your registration number correctly so you should really try and get the fine cancelled based on other factors, landowner permission, unfair charges, validity of the ticket, signage, fine etc.

waamo

You can just sit tight. This is a byelaws issue. They time out after 6 months. SABA have, as far as we know, only ever taken one person to court for parking byelaws and that got very messy for them.

I don't think it's been resolved yet.

shamsdebaron

I see, thank you, it's been 2 months already. So is it very unlikely that they will issue a court summons?

nosferatu1001

Well, given only one or two that we know of, from many hundreds of tickets, it is unlikely, but not impossible.

You will be able to make this judgement yourself by gtting ot of this thread and doing some research!

Coupon-mad

Do this, like everyone else does:

waamo wrote: »

You can just sit tight. This is a byelaws issue. They time out after 6 months. SABA have, as far as we know, only ever taken one person to court for parking byelaws and that got very messy for them.

And as you said it's here:

at Brighton Train Station.

...that's local to me, so let us know if you get anything other than the usual tedious ZZPS and QDR Solicitors letters, that we do NOT want to hear about again please!

The_Deep

foxy-stoat wrote: »

Sounds like you didnt input your registration number correctly so you should really try and get the fine cancelled based on other factors, landowner permission, unfair charges, validity of the ticket, signage, fine etc.

I am not sure that this is the best advice Mr Stoat. Did you not notice that this was a bye law ticket?

OP, Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.