Diff btwn "Penalty" and "Parking" PCNs Question

Pettigrew

Is there a significant legal difference please between a PENALTY Charge Notice (received from CP Plus) as opposed to a PRIVATE Charge Notice please? Can I use this in a appeal to POPLA?


CP Plus are acting for their "client" who I think I have now found is LNER at Peterborough Station Car Park but not entirely sure.

I've noted there is a private vs council difference but would this have any effect in a POPLA appeal if CP Plus are incorrect?

I "blabbed" I was the driver in my letter to CP Plus who rejected my letter of appeal so am using Redx 's advice to another poster [Popla Appeal Help' 25/01/2020].


I have spent a few days going through advice and stickies and forums but haven't found the answer so apologies if it's been answered before.

Le_Kirk

Penalty charge notice is usually issued by railway parking companies (citing bye-laws) and Parking charge notice is issued by private parking companies.

waamo

If it's a penalty charge charge under byelaws it times out after 6 months. It's a proper offence and is prosecuted in magistrates court.

A parking charge is a civil disagreement and they sue you in small claims court. They have 6 years to do this.

Pettigrew

Thanks Le_Kirk for clarifying that. The PCN does state "under Section 219 of the Transport Act 2000 - Railway Byelaws, sect. 14". So if the landowner is who I think it is, they are correct.



Lots to read up on still but very grateful for all the brillliant info in the stickies and other help.

Pettigrew

Thank you! I am still going through all info I can find but thought that might be wrong on the PCN so am grateful for clarification.

waamo

Pettigrew wrote: »

Thanks Le_Kirk for clarifying that. The PCN does state "under Section 219 of the Transport Act 2000 - Railway Byelaws, sect. 14". So if the landowner is who I think it is, they are correct.



Lots to read up on still but very grateful for all the brillliant info in the stickies and other help.

If it went to court (which it won't CP Plus don't do civil court so figuring out how to do a private prosecution will be beyond them) then they wouldn't get a penny.

This would be a proper fine with money going to the treasury. It tends to make them a bit reluctant to splash out on a prosecution and get nothing

Pettigrew

Thanks Waamo - gives me a bit of hope! But I have to deal with the POPLA appeal now as CP Plus rejected my appeal-it looked like a template letter rather than addressing my specific issues.

waamo

Have you admitted to being the driver? There is no keeper liability for byelaws cases

Pettigrew

Unfortunately, yes - I returned their request letter. I'm an idiot as I didn't start reading the MSE forums until after I had gone into major panic mode.

Pettigrew

I have the option of paying £50 until mid next week (they're "holding the charge" of I assume £50 they don't specify) or of appealing to POPLA using their ref number.



Original parking fee was £15. I don't really have spare money and £50 will be lot for me (£35 extra). Trying to decide what to do. Pay up or go POPLA route is the decision now.

waamo

I wouldn't fret if I lost at POPLA. Go with an appeal citing poor signage etc. It strings out the 6 months. You should be about halfway there by the time an appeal is heard.

Then sit it out. After 6 months you will be home and dry.