Railway PPN

carolinen07

Coupon-mad said:

Send the template appeal on day 26 online, as the NEWBIES thread tells you, if this was a windscreen PCN.  It is that simple.  Don't write anything from scratch.   Forget the 14 days and 'discount'.

Thank you! Don’t think it helps that proof of train ticket was sent thus going ‘against grain’ of the ‘ticket’. Should have known better….

No mention of ADR  (The rejection email states - ‘….was correctly issued to your vehicle and remains outstanding. Please forward the outstanding amount of £50.00 to the Freepost address below within the next 14 days,” Alternatively payment can be made by calling 0844 409 2717 and paying by debit/credit card; online at www.northernrailway.co.uk/paymynotice Failure to pay within the time specified will result in additional charges being incurred.’ 

Only paperwork in receipt of is the ticket displayed on window. No NTK/NTD

So. Following newbie thread - am waiting for the NTK to appear in the post which then triggers the standard appeal / letters etc. As I have used before 

Coupon-mad

No, this is a penalty from Northern Rail surely?  Issued directly by the Train Operating Co (TOC) and with 'penalty' in the title?

It's not a private parking ticket if it is a penalty from a TOC. I agree with those who say pay the £50 in this case.  Northern Rail do take cases to Magistrates' Court and for fifty quid I wouldn't take that chance because it's nothing like small claims and private parking charges which are defendable with no risk.

carolinen07

Coupon-mad said:

No, this is a penalty from Northern Rail surely?  Issued directly by the Train Operating Co (TOC) and with 'penalty' in the title?

It's not a private parking ticket if it is a penalty from a TOC. I agree with those who say pay the £50 in this case.  Northern Rail do take cases to Magistrates' Court and for fifty quid I wouldn't take that chance because it's nothing like small claims and private parking charges which are defendable with no risk.

PCN issued by Northern Railway. On windscreen. 

My concerns / issues is that the train was used the day of issue of the fine
Also would have thought I , as RK can request a formal notice get sent out to address so I can pass on to the driver of the vehicle at that time. 

Not something I can afford at the minute to be fair and I do want it to raise it higher than just the railway operator themselves. 

I imagined there would be another Avenue to contest as opposed to the railway themselves (such as POPLA)?

So didn’t know whether a set protocol had to be followed and adhered to.   

D_P_Dance

Popla is not available  to you.  This case, if it goes to court, will be heard by magistrates.  It has nothing to do with civil law.  

carolinen07

D_P_Dance said:

Popla is not available  to you.  This case, if it goes to court, will be heard by magistrates.  It has nothing to do with civil law.  

Ok. Grand. So they won’t have to send a  NTK either ? Other forums mention they haven’t even allowed someone who hasn’t identified themselves as the driver to discuss the case. No confirmation requested in this case. And they have had to send the NTK out?

and ultimately I’m right in thinking then if they’ve said or stands that’s it and nowhere else to go to fight my case (aside from letting it go to court?)

Longford

As soon as I realised the only course of action my railway operator, Southeastern, who own the car park, would eventually have is prosecuting me for trespassing under the by-laws.  I stopped paying the parking fines, which I deemed to be unfair, and nothing ever materialised in terms of further action against me. 

carolinen07

Longford said:

As soon as I realised the only course of action my railway operator, Southeastern, who own the car park, would eventually have is prosecuting me for trespassing under the by-laws.  I stopped paying the parking fines, which I deemed to be unfair, and nothing ever materialised in terms of further action against me. 

Thanks Longford. Appreciate all advice and its difficult decision (for myself at least!) to ascertain best way forward. 

As there are no hard and fast ‘rules’ as they are not like other tickets as people have helpfully pointed out - feel there may be no loss in just going ad-hoc and requesting taking further with evidence collated 

(inappropriate signage, wording of signage and the fact that the rules were  adhered to in that the train was used and a ticket was issued to prove such). 

I appreciate prosecutions can and have been taken to Magistrates; but pursuing this when they are not pursuing and are pushing back other cases (domestic abuse) would be diabolical (that’s just my two-penneth and frustration. I obviously know that this counts for nothing. 😂) 

Coupon-mad

The difference is, Northern Rail DO prosecute these and SouthEastern didn't.

Castle

Northern Rail is no more, this is now Northern Trains Ltd, which is owned by the Government.

carolinen07

Hi All,

Have now received a Notice to Owner (which is what was waiting for). They are assuming I have addressed the ticket (as you can see from the letter). Was just hoping if you had any advice going forward...

Sign that they have taken an image of is a sign that is on ONE entrance to the station (out of three) so if another entrance was used, it will not have been seen
The car park was accessed via a road where the sign was not visible. 
Working on sign is ambiguous

These are the points I am going to re-raise and issue a letter back in response. Just wondered if anyone had any advice on how to word it? The NTK does not follow the original format as they have assumed that the emails that have been sent have been sent by the driver (this was not confirmed) and assumed the Keeper was the driver.... 

Some people's post have mentioned in other forums that if an appeal is to be made in any form they ask to confirm certain points ./ information, which they never did in original emails where a ticket was given.