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lochrannoch

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  1. Thanks to everyone that took the time to read and reply to my appeals. I'm sorry to say i had a change of heart and paid the fine today before it increased to £90. The deciding factor for me was the fact the ticket stated i had breached the terms and conditions as displayed in the car park. The terms and conditions published in the car park stated they can use the railway bylaws against me. I read various threads on here about railway bylaws which gave me no confidence in the defence i planned to put up. The usual "i was not the driver" argument holds no weight as it is the keeper who is responsible on railway land. And saying you should not have got my details from the DVLA is not much good once they have it. I have little doubt the matter would not have reached court and i would probably have got away with it however faced with months of threatening letters and a nagging wife i chose to avoid the stress. Again, thanks for the support and sorry for giving in! Should i get an unjust parking fine in the future i will certainly hope to fight it, just not on the railway.
  2. Ok it's the last day for me to pay before the fine goes up to £90.... Am i gonna pay? Hell no Just thought i'd bump it for some more support if anyone missed it 1st time round and so i can clarify my actions. I wait for a letter to drop on my mat as i have made no contact with them and never sent them the £1.50 either. When the letter arrives i reply using the standard letters saying i do not know who the driver was and can you prove the offence? Also use the defence of the Data Protection act saying they should not have my address?? Cheers
  3. I know there was a lot of waffle in there but it mentions bylaws near the end of the sign posted next to the ticket machine: Where you take any action to the use of the car park and/or your vehicle, the company reserves the right to take any action it considers appropriate in accordance with railway bylaws in addition to any other action the company may take in accordance with this condition 14.
  4. I just wondered whether railway bylaws make any difference to my stance. I am unable to post a photo at the moment so here is the wording on the ticket: NOTICE OF BREACH OF TERMS AND CONDITIONS OF PARKING AT ANY CAR PARK OWNED OR MANAGED BY METEOR PARKING LIMITED ON BEHALF OF SOUTHEASTERN. The car park is regulated by the terms and conditions displayed at the car park. By entering the car park you have agreed and contracted to be legally bound by those terms and conditions. Serial No, Isssued at..etc..... In breach of the terms and condictions: Failing to display a valid ticket or voucher By reason of the breach you are required to pay the sum shown below: Within 30 days £90 however if you pay within 15 days Meteor will accept £45. If payment is not received within 30 days Meteor Parking Limited will commence collection procedures (which may include legal action) for the recovery of the sum claimed in this notice along with all costs associated with its recovery. The sign on the actual pay machine says: It is an offence to: Fail to display a valid permit Fail to display a valid ticket Park in an unauthorised area etc.... Next to the pay machine is a notice with lots of rules. Section 14 states: Where you park your vehicle in breach of these terms and conditions the company or its agents may (in its/their absolute discretion) either: 14.1 Apply a Parking Notice Charge A parking Notice Charge (PCN) may be attached to your vehicle or handed to you. The PCN will specify:- -the sum you are required to pay -the time within which payment must be made -the address to which payment must be sent The PCN will explain that unless payment is made in accordance with its terms court action may be commenced to recover the sums due from you under the PCN together with costs, interest and any other sums legally recoverable; and/or 14.2 Apply a wheel clamp to your vehicle. The company its servants and agents adhere to the British Parking Associations Code of Practice for the clamping of vehicles. then more clamping waffle not applicable to me 14.3 Remove your vehicle more waffle not applicable to me 14.4 All or any of the above enforcement actions may be applied in relation to any of the following:- -failing to display a valid ticket etc.. more misdemeaners Where you take any action to the use of the car park and/or your vehicle, the company reserves the right to take any action it considers appropriate in accordance with railway bylaws in addition to any other action the company may take in accordance with this condition 14.[/color] 14.6 These terms and conditions are in addition to and without prejudice to any other legal rights and/or remedies of whatsoever nature that the company may have against you in relation to your vehicle and/or the use of the car park. Phew... Thanks again Al27
  5. Sorry the photo's didn't work. Here's the links: Thanks for the advice Al27. Are you speaking from experience or would i be getting off on the DVLA data protection issue...?
  6. On Saturday i parked at Staplehurst Railway station in Kent. I have done this for 4 years and to the best of my knowledge it has always been free at weekends but i returned home to find i had a yellow Parking Charge Notice on my car. It seems they must have started charging with the last fare hikes a few months ago but i hadn't realised. The charge is £1.50 yet they want me to pay £45 within 15 days or £90 thereafter. I would like to fight the charge and have been doing some searching on this excellent forum. If anyone can offer advice it would be much appreciated. There are no signs as you drive in telling you it is a pay and display car park. And i walked past no pay machines or signs between my car and the platform. There is however plenty of machines dotted around the car park with blue 'Pay here' signs on top of them. So should i say the signage isn't up to scratch and i wasn't aware of the need to pay. It was a very cold frosty day so i could say the plastic was iced over on the sign making it impossible to read when i got the train at 0540 in the morn. Other lines of defence i've considered was to say i work for Network Rail and plead pity saying i wasn't aware they charged on Saturdays and i wouldn't do it again. I do work for Network Rail BTW Also i've considered the line that a £45 fine is an unreasonable penalty and they can only sue me for their lost revenue, ie; £1.50. Any advice please? My wife thinks i'm bonkers and should just pay the damn fine! I'm waiting for an email before i can attach photos of the ticket issued and the car park entrance: Please let me know if these photo's don't work. Thanks in advance.
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