PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Help! - Parking ticket at rail station
lju
post Fri, 29 Jun 2007 - 14:14
Post #1


New Member


Group: Members
Posts: 4
Joined: 28 Jun 2007
Member No.: 12,624



Hi all,

My wife has recieved a parking ticket at the local train station. This was issued by a PCSO from West Yorkshire police while she was parked "on double yellow lines". This raises a number of issues with me:
  1. Do PCSO's have any authority to issue tickets on railway land?
  2. The lines are missing, broken and not complete at the end - are they legal?
  3. The signs say the car park is governed by railway bylaws which are operated by Arriva trains with a £50 penalty. Arriva trains do not run the trains any more it is northern rail and the fine issued is £30.
  4. There is no way to appeal on the ticket - how would we do this?








Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Fri, 29 Jun 2007 - 14:14
Post #


Advertise here!









Go to the top of the page
 
Quote Post
lju
post Fri, 29 Jun 2007 - 14:14
Post #2


New Member


Group: Members
Posts: 4
Joined: 28 Jun 2007
Member No.: 12,624



More photos:

Go to the top of the page
 
+Quote Post
lju
post Fri, 29 Jun 2007 - 14:16
Post #3


New Member


Group: Members
Posts: 4
Joined: 28 Jun 2007
Member No.: 12,624



and more:

















This post has been edited by lju: Fri, 29 Jun 2007 - 14:21
Go to the top of the page
 
+Quote Post
lju
post Fri, 29 Jun 2007 - 14:26
Post #4


New Member


Group: Members
Posts: 4
Joined: 28 Jun 2007
Member No.: 12,624









Go to the top of the page
 
+Quote Post
Teufel
post Fri, 29 Jun 2007 - 15:49
Post #5


Member


Group: Members
Posts: 6,783
Joined: 6 Jul 2006
Member No.: 6,518



this is private land but parking is covered by local railway byelaws (i presume)

in general the bylaws can be enforced by police and PCSO or a priavte contractor
but you would need to get hold of a copy - ask at the station
for a copy or at leats to see a copy

that said it is not clear that the PCSO has chrged you correctly since the offence
is not parking on double yellows but parking in breach of the bylaw

'double yellows' is meaniningless as an offence

we may guess (but why should we) to would imply a breach of 1984 parking regs (and a TRO)
on public highway but you are not guilty of this

that said the FPN is not specifc and given this is private land erroneous

if you dodnt pay police FPN then you get a summons to magistrates court

if you are well prepared then you probably will win though maggys courts are a total
gamble

since this is private land TSGDR does not apply and the signs/lines need to be interp
under by-laws - almost certauinly they give approproiate warning

why do they send plastic police out with so little training !!???
Go to the top of the page
 
+Quote Post
patdavies
post Tue, 3 Jul 2007 - 13:06
Post #6


Member


Group: Members
Posts: 1,353
Joined: 9 Sep 2004
From: Newbury
Member No.: 1,625



QUOTE (Teufel @ Fri, 29 Jun 2007 - 16:49) *
if you dodnt pay police FPN then you get a summons to magistrates court


No, you don't.

If you simply don't pay then the fine will be enforced as a 'default conviction'.

If you want to fight it in Court, you must take the positive action of telling them so.
Go to the top of the page
 
+Quote Post
Wayne Pendle
post Tue, 3 Jul 2007 - 21:17
Post #7


Member


Group: Members
Posts: 1,038
Joined: 24 Mar 2006
Member No.: 5,088



QUOTE (patdavies @ Tue, 3 Jul 2007 - 14:06) *
QUOTE (Teufel @ Fri, 29 Jun 2007 - 16:49) *
if you dodnt pay police FPN then you get a summons to magistrates court


No, you don't.

If you simply don't pay then the fine will be enforced as a 'default conviction'.

If you want to fight it in Court, you must take the positive action of telling them so.



Are you sure about that? I could well be wrong but that doesn't sound right at all. There are also issues with regards to identification of the driver etc.

This post has been edited by Wayne Pendle: Tue, 3 Jul 2007 - 21:19
Go to the top of the page
 
+Quote Post
Teufel
post Tue, 3 Jul 2007 - 21:41
Post #8


Member


Group: Members
Posts: 6,783
Joined: 6 Jul 2006
Member No.: 6,518



i was wrong patdavies is right

if you dont pay or appeal for hearing then it is registered against the RK

there is a process to reverse this and get a hearing i believe (a bit like a stat dec)
Go to the top of the page
 
+Quote Post
Wayne Pendle
post Thu, 5 Jul 2007 - 01:37
Post #9


Member


Group: Members
Posts: 1,038
Joined: 24 Mar 2006
Member No.: 5,088



QUOTE (Teufel @ Tue, 3 Jul 2007 - 22:41) *
i was wrong patdavies is right

if you dont pay or appeal for hearing then it is registered against the RK

there is a process to reverse this and get a hearing i believe (a bit like a stat dec)



Still not sure about that,I might well be wrong but this is interesting and I have another view with which to throw in.I think where the FPN was handed/served directly on the driver and subsequently evidence of driver identification obtained, then conviction in absentia would be proper, if, the FPN was placed on the vehicle without being handed to the driver, then a it would be for the Police to invoke some formal investigation in identifying the driver. In other words, what would have happened if the FPN had be blown or taken off of the vehicle etc.

Section 142 Magistrates Court Act

Section 142 of the Magistrates Court Act 1980:

142. Power of magistrates' court to re-open cases to rectify mistakes etc.
(1) A magistrates' court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.
(2) Where a person is convicted by a magistrates' court and it subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may so direct.

This post has been edited by Wayne Pendle: Thu, 5 Jul 2007 - 01:39
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 10:41
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here