QDR Formal Letter of Claim

Le_Kirk

[Deleted User] said:

As ever, any advice would be appreciated. I am also still waiting for the results of the FOI/SAR (as we now know) request I sent to Saba at the end of September 

Any company upon receipt of a SAR, has one calendar month to reply.  If they do not, chase them one more time, give them 7 days to answer and if they don't, report them to the ICO.

Le_Kirk

Using a tracing service is quite normal.

porridgestation

The Claim completely unenforceable as the six month period has long since elapsed, you pay nothing and you're welcome to send this to the clowns sending you these letters. The only problem is they may not be able to read or comprehend what words are:

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What is Railway Byelaw in relation to parking?

Britain’s Railway Byelaw governs railway stations, train and the track across the country and must be observed by everyone. The Byelaw covers passengers, staff, property and equipment.

Section 14 of the Byelaw refers to ‘traffic signs, causing obstructions and parking’ and will be used to enforce Penalty Notices where cause is given. If a motorist is found to have breached a byelaw, this is deemed a criminal offence not a breach of contract which applies to private parking contracts.

Within section 14 it stipulates that no person in charge of any motor vehicle shall park it on any part of the railway where charges are enforceable for parking by an operator or authorised person without paying the appropriate charge in accordance with the instruction given by the operator or authorised person at the given location.

Should a vehicle owner be found to be in breach of Byelaw 14, they will be liable for a penalty charge (as displayed in that area) and any further costs incurred by the clamping, storage or removal of the vehicle. This is providing that there is (in that area) a notice advising that any vehicle parked contrary to these Byelaws may be clamped, removed and stored by an Operator or an authorised person and that the costs incurred by an Operator or an authorised person for this may be recovered from the vehicle’s owner.

Penalty Notices issued for alleged breach of Railway Byelaws 2005

The Railway Byelaws 2005 (the Byelaws) regulate the use and parking of vehicles in station car parks. The Protection of Freedoms Act (POFA) 2012 does not apply on Railway Land.

A person using a station car park must pay the parking charges levied by the Parking Operator, under Byelaw 14(3). Under Byelaw 14(4)(i) the owner of the vehicle may be liable to pay a penalty if it has been used, placed or left in contravention of Byelaws 14(1) to (3). The ability to render a charge under Byelaw 14(4)(i) is distinct from the general enforcement power in Byelaw 24(1), under which a person can be prosecuted in the Magistrates Court.

The Department for Transport (DfT), in June 2018, confirmed that they consider Parking Operators have a remit to issue penalties under Byelaw 14. They have further said that, as a matter of good industry practice, a person issued with a parking ticket should be provided with the opportunity to appeal against it to a body that is independent of the parking operator. They have not specified that this should be any one appeals body. Members of the British Parking Association are required to offer a second independent appeals process to its customers.

The Byelaws do not specify the timescales of the issuing of a Penalty Notice, however, the Parking Operator is unable to prosecute for a breach of Byelaws after six months from date of offence.

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If you fancy going straight for the punch in the guts then this malnourished knuckledragger signed off the Claim, either knowing it was dishonest or he didn't read it before signing it:

Teerath Gill
https://askewslegal.co/our-team/teerath-gill/

Fancy giving him a call and asking him to explain how he thinks the six month period doesn't apply to these Penalty Charges?

Coupon-mad

That is single-handedly the worst PoC I've ever seen in my life in a parking case!

No dates

No details

Not even the number of 'penalties'

No location

No terms of the contract

No allegation of breach(es)

It's out of time for a penalty, which has to be laid before Magistrates' court within 6 months;

It's the wrong jurisdiction for a penalty.

WAIT - DO NOT ACKNOWLEDGE THE CLAIM THIS WEEK!


@Johnersh

...would you NOT acknowledge this claim and instead apply for summary strike out plus costs?

Coupon-mad

[Deleted User] said:

Is it worth ticking the box on the AoS to challenge the courts jurisdiction in this matter? 

Don't do ANYTHING this week.

Wait till we've decided.

Coupon-mad

Please show us the original penalty notices that referred to the byelaws.

[Deleted User]

Coupon-mad said:

[Deleted User] said:

Is it worth ticking the box on the AoS to challenge the courts jurisdiction in this matter? 

Don't do ANYTHING this week.

Wait till we've decided.

Unfortunately, I have already sent off the AoS. Based on info on some of the other threads. Hopefully that won’t mess things up too much.

I have a picture of one of the original notices earlier in this thread. I will upload the others when I get home. They are all the same letter essentially. With different dates etc

Coupon-mad

Please show that pic again. Both sides.

[Deleted User]

I only have this side at the moment. Can send the back shortly 

Coupon-mad

[Deleted User] said:

I have now been sent the following. Advice is greatly appreciated. 

 

I've redacted the name at the bottom of the Claim and a QR Code and your MCOL Password; no personal data here now.

Appalling sharp practice IMHO, to try to morph statute-barred (out of date) byelaws penalties from 2021 into a small claim in November 2023 with the most woefully inadequate pleadings ever seen.

That is single-handedly the worst PoC I've ever seen in my life in a parking case!

No dates of alleged contractual breaches

No details at all

Not even the number of 'penalties'

No location(s)

No car VRM(s)

No terms of the contract stated

No allegations of breach(es) stated

It's out of time for a penalty, which has to be laid before Magistrates' court within 6 months;

It's the wrong jurisdiction for a penalty.