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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 74510
Experience:  Over 5 years in practice.
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I have received a "Penalty Notice by Post" after allegedly

Customer Question

I have received a "Penalty Notice by Post" after allegedly failing to pay when parking upon Luton Station Car park. I have since discovered that the car park and the land it is built upon is owned by Govia Thameslink railways and according to Companies house this is a private company. Therefore this should be a "Parking Charge" and not "Penalty Charge notice". More than 28 days have elapsed so it is too late for them to issue the correct notice. Do I have to pay? What should I do?
JA: Do you need to appear in court?
Customer: Not yet, I have been rejected by their own appeals procedure and am considering whether to appeal at the next level.
JA: Anything else you want the lawyer to know before I connect you?
Customer: They are also threatening a private criminal prosecution under the Railways Act if I do not pay. Is this solicitation of a bribe and therefor an attempt to pervert the course of justice?
Submitted: 3 months ago.
Category: Traffic Law
Expert:  Jo C. replied 3 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 3 months ago.

Who is the issuer?

Customer: replied 3 months ago.
PCN
Expert:  Jo C. replied 3 months ago.

is there a fuller description?

Customer: replied 3 months ago.
Trading name of ZZPS Ltd, their client is SABA Park Solutions UK Ltd
Expert:  Jo C. replied 3 months ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

You are massively over stating the strength of your position. At the very highest point, there is a minor error upon the top of the form. Actually it is open to debate whether that is an error at all.

Even if it is that does not render the entire notification non compliant.

Whether they will prosecute or not is another matter though this is railway by laws rather than private land so they may.

The title of the document is a non issue.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo