Railway car park entered wrong registration number, I want to take this to court and need a lawyer Options

[Hilfe]

Hi
I entered the wrong registration number using the Saba parking app on a railway station car park. My appeal was rejected both by Saba and the "independent" appeals service. I now have been given 28 days to pay with the threat of court action. I believe that they are wrong and am happy to fight this in court. I need a lawyer to advise me on the magistrate's court procedure. Is anyone aware of a successful defence in this type of case on railway land? I cited Parking Eye vs Heggie in my appeal but they rejected this on the basis that the Parking Eye case was not on railway land. Please reply if you are, or know of, a lawyer who can help. I know that there are lots of well meaning people out there but please I will only engage a qualified and currently practicing solicitor.
Thanks in advance for any help.

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[ostell]

So which court are they threatening, magistrate or county court? Sounds like it's county court by the use of the IAS.

What are they saying was the "offence"? As you paid there is no offence under byelaws and hence no magistrates.

Post up the redacted Notice to Keeper. Photo of the sign would help.

[Dave65]

Did you identify who the driver was in your appeal?

Solicitors are generally of little use.
There is more knowledge and experience and help here on the forum.

[Redivi]

ParkingEye v Heggie was guaranteed to lose

The Supreme Court kicked out GPEOL as a defence four years ago

The strategy for railway byelaw tickets is to drag the process out as slowly as possible until six months has passed and a prosecution is no longer possible

Prosecutions in your situation are almost unknown

[Jlc]

It's a penalty rather than parking charge?

How long ago was this as they have 6 months to commence a criminal prosecution.

Which county is this? I have a potential contact that has the necessary quals.

[nosferatu1001]

Precisely what court do they threaten? IF they used the IAS it woudl not be mags
Was it called a PENALTY charge at any point? NOT the most recent letters, the very first one.

[Sheffield Dave]

Which appeals service were you rejected by, the IAS ("independent appeals service) or the AS (appeals service)? Two very different organisations.

[Gary Bloke]

Think that SABA only uses ITAL for the second stage appeal of a Byelaws penalty.

[Hilfe]

Thanks for all of the messages - much appreciated.
Trying to answer all of the questions.
The second stage appeal was from an organisation called The Appeals Service. From the email I can see that this is ITAL. They wrote on blank paper though.
I have now been given 28 days to pay. There is no threat of court action yet but the letter says "AS’s decision is final, and the appeal is now closed with us. This does not prevent you from pursuing your issue through other channels, such as the courts." I believe that if I refuse to pay they will at least threaten to take me to magistrate's court. This is what prompted my post - I need a lawyer to advise on court procedure and what I say to them 27/28 days from their letter.
I don't really want to get into a debate but I quoted Parking Eye vs Heggie because in that case (which was identical to mine except that it was not on railway land) the judge found in favour of Mr Heggie.
to JLC: county is Hertfordshire

[ostell]

You still haven't answered the question : WHAT WAS THE ALLEGED BREACH?

You really need to answer all the questions if you want help.

Post up a redacted copy of the first PCN you received

Entering an incorrect number is NOT a byelaws offence

This post has been edited by ostell: Tue, 17 Sep 2019 - 17:39

[Gary Bloke]

You don't need a lawyer until they actually prosecute you. Which they won't ever do because they would not get any money out of it. Any fine imposed by the Magistrate would go to the Government. So for now you can ignore all further letters from ZZPS and QDR. After 6 months the prosecution window closes and they will stop pestering you. It's all a big bluff!

This post has been edited by Gary Bloke: Tue, 17 Sep 2019 - 17:52

[nosferatu1001]

You can keep yeling for a lawyer to advise you for free, or you can
1) Take the advice proffered here
2) Do your own research on the few cases we have here about ITAL.

[Redivi]

Most High Street solicitors will be out of their depth where parking companies are concerned

They will have plenty of experience dealing with contracts that weren't performed properly

What they don't have experience of is cases where the actual existence of a contract is in doubt

They certainly won't have experience of Railway Byelaw Penalty Notices where the company and its agents are continually changing the description
At any one time it can be a fine, an offer or a breach of a contract