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Keeper liability under railway bylaws
Ferrex
Posts: 8 Forumite
After the registered keeper received a PCN issued for a railway car park I appealed directly to Apcoa who have written back saying the appeal was unsuccessful. Before continuing the appeal to Popla I wanted to double check some facts.
As I understand it there is no keeper liability for a railway carpark, it is not relevant land. APCOA state 'we can confirm this penalty notice was not issued under the conditions laid out in POFA 2012. This is a penalty notice issued on railway land as a breach of the terms and conditions, as we have confirmed you are the registered keeper you are liable for this notice.
The railway byelaws state the owner of a vehicle left in breach of byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area.
It then goes on to state they will pursue the keeper with a criminal prosecution through the magistrates court.
So my question is, keeper liability doesn't apply under railway byelaws? How can they take a criminal prosecution for something the keeper isn't liable for?
As I understand it there is no keeper liability for a railway carpark, it is not relevant land. APCOA state 'we can confirm this penalty notice was not issued under the conditions laid out in POFA 2012. This is a penalty notice issued on railway land as a breach of the terms and conditions, as we have confirmed you are the registered keeper you are liable for this notice.
The railway byelaws state the owner of a vehicle left in breach of byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area.
It then goes on to state they will pursue the keeper with a criminal prosecution through the magistrates court.
So my question is, keeper liability doesn't apply under railway byelaws? How can they take a criminal prosecution for something the keeper isn't liable for?
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Comments
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1. So my question is, keeper liability doesn't apply under railway byelaws? 2. How can they take a criminal prosecution for something the keeper isn't liable for?1. Correct, there can be no keeper liability on non relevant land (Protection of Freedoms Act 2012 (Schedule 4)).2. They (APCOA) can't, only the Train Operating Company is empowered to do so. I'd call APCOA's BS bluff and invite them to try a criminal prosecution against you. They don't even do court cases for contract law cases where they do have locus. Shut them up!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street5 -
The thing to do is string them along for 6 months with questions and clarifications, each time waiting the maximum allowed time before responding. After 6 months, there cam be no possibiity of prosecution, at which point you tell APCOA to do one.
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It then goes on to state they will pursue the keeper with a criminal prosecution through the magistrates court
APCOA are only in business to make money, even if they could take you to court for this (which they can't) any fine would go to the exchequer not to them, so it will fizzle out after their threats.
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