I parked my car at a railway station whose parking enforcement and ticketing is run by NCP. They operate an online and test messaging parking service using a unique code for each car park. I have used this service before, but not for some time, and the number had been erased from my mobile phone. I did not wish to miss my train, and did not have sufficient coinage for the meter, so boarded the train at 5.40 in the morning. By the time I had access to the internet to find the details of the NCP scheme, it was not until 2.30pm. I re-registered and paid over the phone, but could only pay from that point on. I tried calling the only number listed on the website but was not presented with an option to backdate any parking, only to extend it forward in the future. I found a Parking Contravention Ticket on the drivers door window when I returned at 8pm, and the ticket had been issued at 10.30am that morning. two questions:1. when I managed to get through to NCP, I paid £2.90 for parking from that point on to 03.59 the following morning. Is the penalty charge of £50 quoted excessive, and should the company allow provisions to pre-date (by a few hours to the start of the day) the ticket?2. the ticket makes reference to some bylaws that appear to make the owner liable, not the driver. I thought that the only way an owner could be liable is through the criminal justice, rather than civil justice as this type of enforcement is. Or does a parking ticket issued on train station car parks now come under criminal law?
Province/Country relating to question : UK
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Welcome to JustAnswer! If you've any queries once you've read my answer do ask. When satisfied, kindly click the Green ACCEPT button.Is the land owned by the railways and just operated by NCP or is it owned by NCP please?Have you admitted to being the driver?
I assume the land is owned by the railways as it used to be operated by the station.On the reverse of the PCCN (Parking Contravention Charge Notice) as received, the site is "... operated in accordance with the Railway Byelaws made under section 219 of the Transport Act 2000 by the Strategic Railway Authority and confirmed under schedule 20 ..." of the same act on 22 June 2005 by the SoS Transport. Attention is spoecifically drawn to Railway Bylaw 14 and goes on to state "... In England and Wales the owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Bylaw 14(1) to 14(3) may be liaible to pay a penalty as displayed in that area.".
No I have not spoken or communicated to anyone other than you in regard this matter, including confirming or otherwise, the identity of the driver at the time of parking of the vehicle.
If its a railway carpark which is operated by NCP then railway bylaws apply which can be enforced in the magistrates courts. It sounds like this is the case here but you can contact the station to be sure. If it is leased by NCP then the fine is unenforceable but if it is operated by NCP as agent for the station then it will be heard in the magistrates court and may be difficult to avoid payment.
So you are saying that in the event that the railway bylaws, regarless of whther thie parking is operated by NCP, apply then this is a criminal matter rather than a civil matter, and that the owner of a vehicle is liaible rather than the driver?
Yes if railway bylaws apply. If the car park is leased by NCP they do not apply. If it is operated by NCP as agent for the railways they likely will. Worth checking to see which is the case but the ticket you have received suggests the latter.
LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England
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