SABA Railway Byelaws PN turned into PCN after being handed to Moorside Legal

ChirpyChicken

Please just state the facts about it being a penalty notice. So timing out after six months etc and that the County Court is the wrong location and has no jurisdiction on this matter. And that if they proceed you will apply for a strike out with costs
Come back to us when they reply . Don't add anything else other the above two points  as interested in their rationale.
They probably don't even know its a penalty notice.

airmemo

ChirpyChicken said:

Please just state the facts about it being a penalty notice. So timing out after six months etc and that the County Court is the wrong location and has no jurisdiction on this matter. And that if they proceed you will apply for a strike out with costs
Come back to us when they reply . Don't add anything else other the above two points  as interested in their rationale.
They probably don't even know its a penalty notice.

Sure. Give me some time to write something decent (English is not my first language and I don't have a clear understanding of the English judicial system) to send them and will report back before sending it. This becomes statute barred in two weeks so it can only be good to wait now.

ChirpyChicken

Yes there's no rush. You can even write your email if you use Gmail and then do a schedule send in two weeks time.

Coupon-mad

ChirpyChicken said:

Yes there's no rush. You can even write your email if you use Gmail and then do a schedule send in two weeks time.

I concur with your approach here, yes!

kryten3000

Saba tried taking another MSE poster to court last year and I attended the hearing, mainly for support as the Defendant did a pretty good job of handling the case.  They were using a different firm and the case was thrown out at a preliminary hearing on the basis that the civil court had no jurisdiction over this criminal matter.

This individual deleted all their posts for personal reasons, but I have copies of paperwork which I can share redacted versions of if necessary.

airmemo

kryten3000 said:

Saba tried taking another MSE poster to court last year and I attended the hearing, mainly for support as the Defendant did a pretty good job of handling the case.  They were using a different firm and the case was thrown out at a preliminary hearing on the basis that the civil court had no jurisdiction over this criminal matter.

Was that for a Railway Byelaws case?

Coupon-mad

Yep.

Exactly the same. We saw 5 or 6 actual claim forms like it and they were all hopeless.

Search the forum for SABA Askews to read the other threads we had. They weren't all deleted. Nobody lost.

airmemo

ChirpyChicken said:

Yes there's no rush. You can even write your email if you use Gmail and then do a schedule send in two weeks time.

Hi, so I think I came up with something fine, I'll paste it here before sending it to avoid problems:

Dear Moorside Legal,

Re: Alleged Parking Charge Notice - Reference Number: [Ref. No.]

I am writing in response to your letter claiming that I owe £170 for an alleged Parking Charge Notice I have received from SABA, your client.

First of all, I wish to clarify that I have never received any Parking Charge Notice from your client. The only notice I have received was a Penalty Notice for an alleged breach of Railway Byelaws. This is a significant distinction, as a Penalty Notice for breach of Railway Byelaws can only be pursued through the Magistrates' Court, not the County Court.

By attempting to reclassify my Penalty Notice as a Parking Charge Notice, you are deliberately conflating a statutory penalty with a civil contract dispute. The County Court has no jurisdiction in this matter.

Furthermore, I wish to point out that the six-month time limit for prosecution under the Railway Byelaws has now expired, as the alleged offence was dated on 14/09. This means that any alleged debt is now statute barred.

Should you choose to proceed with action through the County Court, I will apply for the case to be struck out with costs, on the grounds that the court lacks jurisdiction in this matter and that the debt is now statute barred.

I request that you cease all further collection activities regarding this matter and update your records accordingly.

Yours faithfully,

[Full Name]
[Address]

I think it would also be appropriate to send them a copy of my original PN.

Of course I'm not sending it before my PN times out.

What do you think?

Thanks!

ChirpyChicken

change the last but one paragraph to "i will contest the courts jurisdiction on this matter and apply for my full legal costs in this matter"

KeithP

Change '14/09' to '14th September 2024'.