Letter Before Claim - Defense?

pub1900 · 16 July 2018 at 9:26PM

Umkomaas wrote: »

Was the car park one belonging to the railway? Are Britannia claiming this is a Penalty Charge under Railway Byelaws?

To whom does the letter tell you to pay? DRP?

'Britannia and court' not often seen in the same sentence! And over just a single PCN where it would cost them 3 times what they could recover?

Can't see any reference to Railway Bylaws. Says they are entitled to the sums under contract law.

SCS letter doesn't specifically say who to pay, but does give an SCS number and email to contact if we want to pay.

I agree - won't take much work by SCS to eat up their ill-gotten £100. SCS charges are available on the BPA site (I can't post links yet).

Thorsson · 16 July 2018 at 9:31PM

Almost all Railway Land is owned by Network Rail Infrastructure Ltd. However, most stations are leased to Train Operating Companies (TOCs). I can't see that the Station is named - if it were I can say whether this is the case (or if it's one of the view operated by NR themselves) and the name of the TOC.

However, I'm not sure whether the Leaseholder is relevant. Note that it would be the TOC (or NR in the case of the stations that they run) who employed the Parking company.

pub1900 · 16 July 2018 at 9:39PM

Thanks Thorsson. It was Wickford. There are a couple of parking areas there and both are adjacent to the station so I think it likely that they are Railway Assets.

Thorsson · 16 July 2018 at 9:53PM

Wickford is operated by Abellio East Anglia. I can see only one official car park, which is next to the station, bounded by Station Avenue and Station Approach. NCP run AEA's Car Parks currently, but I don't know about last October. If that was the Car Park I can give you advice about approaching AEA, if you were using the railway.

However, I can see a lot of retail car parks close to the station. If it was one of these I doubt very much that is railway land.

Apologies, I see the second car park on the other end of the station. That should be exactly the same, so either of those will be railway car parks.

PS AEA Website says that NCP have been running their Car Parks since 31/07/17. However I found a Tweet (https://twitter.com/PaulGledhill look for April 2017) that suggested Britannia were running it earlier in 2017. "Gledders" was offering help, might be worth contacting him.

Further evidence uncovered. https://www.essexlive.news/news/essex-news/essex-woman-visiting-paralysed-husband-439444 So it appears that despite what the AEA website says, Britannia were running the Car Park in August 2017, so quite probably still in October too.

System · 17 July 2018 at 3:47AM

The way to check if that car park was a Network Rail one is to ask the council who pays the Non-Domestic Rates. All NR car parks pay rates to a central point and not directly to the council so ask.

Thorsson · 17 July 2018 at 6:38AM

IamEmanresu wrote: »

All NR car parks pay rates to a central point and not directly to the council so ask.

Actually that's not entirely true. There are grandfather rights (as in many railway things), but many areas of railway land have lost those rights because of changes.

Still, if the rights had been lost the TOC would be paying the rates, as the leaseholder.

P.S. I don't know much about parking, but I know a lot about the railway.

Thorsson · 17 July 2018 at 7:51AM

I have made enquiries and the (smaller) Car Park that is closest to the station (i.e. the one bounded by Station Avenue and Station Approach) is not a railway car park, but a private one. It is not on railway land.

Therefore if you parked on that one it is not covered by railway byelaws.

pub1900 · 17 July 2018 at 9:46PM

Thanks very much for the help and research Thorsson. It was the smaller one (the eastern one bounded by those roads) unfortunately, which explains it being Britannia.

System · 18 July 2018 at 5:30AM

Thanks very much for the help and research Thorsson. It was the smaller one (the eastern one bounded by those roads) unfortunately, which explains it being Britannia.

Still check with the council who pays the rates. Britannia can only operate with the authority of the occupier or the owner. And in many cases whoever hired can cancel too.

Coupon-mad · 20 July 2018 at 7:31PM

Thorsson wrote: »

Actually that's not entirely true. There are grandfather rights (as in many railway things), but many areas of railway land have lost those rights because of changes.

Still, if the rights had been lost the TOC would be paying the rates, as the leaseholder.

P.S. I don't know much about parking, but I know a lot about the railway.

You appear to know something about parking and railways.

Letter Before Claim - Defense?

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