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No response from appeals process

2

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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Just tell us the actual car park....
    It sounds like it isnt ON railway land, then. But we dont knwo. 
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
     It’s a car park adjacent to the station and used by commuters.

     Is it covered by railway bye-laws?  Can you pay for parking at the ticket office? 
    You never know how far you can go until you go too far.
  • Just tell us the actual car park....
    It sounds like it isnt ON railway land, then. But we dont knwo. 
    It’s named as Harlow Main CP from NCP. 

  • D_P_Dance said:
     It’s a car park adjacent to the station and used by commuters.

     Is it covered by railway bye-laws?  Can you pay for parking at the ticket office? 
    I’m not sure about that. I’d have to go to the car park and find out for sure, which I can do shortly. 
  • Half_way
    Half_way Posts: 7,539 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    is this headed up as a penalty, penalty charge notice (PCN) or parking charge notice (PCN) ?

    This distinction is important
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Half_way said:
    is this headed up as a penalty, penalty charge notice (PCN) or parking charge notice (PCN) ?

    This distinction is important
    Park charge notice to keeper. 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    https://www.ncp.co.uk/find-a-car-park/car-parks/harlow-town-station-g-anglia/
    Is this the car park? If so it is almost certainly part of railway land, and as such is covered by Railway Byelaws. This means it is NOT "relevant land" and therefore the Keeper cannot be liable. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Half_way said:
    who's car park was this?
    what parking company is this?
    It was a rail station car park monitored by NCP
    You have made a sweeping statement there with no proof that we can see to back it up

    Either it's railway land , owned by network rail and bylaws apply

    Or

    It's a private car park on private land conveniently located next to a station on network rail land

    The difference is very important , so you or the driver need to double check the land ownership because the issue of penalty notice or parking charge notice is in question and require different approaches

    To be clear , most people wouldn't know and would not think it matters , but it does

    It matters as much as being in Berwick on tweed and wondering if English laws or Scottish laws apply to a case
  • Is this the car park? If so it is almost certainly part of railway land, and as such is covered by Railway Byelaws. This means it is NOT "relevant land" and therefore the Keeper cannot be liable. 
    Yes, this is the one. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Then as long as the keeper did not reveal who was driving the keeper has no liability due to POFA not applying

    If an appeal was made and it's well past the 35 days , the keeper should complain to the BPA
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