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#Post#: 77750--------------------------------------------------
Northern Penalty Parking Notice
DIR By: Sabab4321
Date: June 23, 2025, 10:04 am
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The driver is seeking advice regarding a parking notice received
at the train station.
This was the driver’s first time using the station, and based on
the information available online, it was understood that parking
is free for train users. Upon arrival, no payment machine was
visible, which seemed to confirm that understanding.
However, upon returning to the car, a parking notice (attached)
was found. After enquiring with station staff, the driver was
informed that vehicle registration must be recorded at the
reception to qualify for the free parking — a step he was
unaware of due to lack of clear signage or prior experience.
We kindly request your advice on how best to proceed in light of
this misunderstanding.
Thank you for your time and assistance.
[attachment deleted by admin]
#Post#: 77763--------------------------------------------------
Re: Northern Penalty Parking Notice
DIR By: The Slithy Tove
Date: June 23, 2025, 11:35 am
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What makes these penalty notices different from your normal
private parking charge is that these are issued under Railway
Byelaws and can actually end in prosecution! But don't panic,
that rarely happens. There's just a slightly different way of
dealing with them.
For a start, a prosecution would mean that Northern Rail
wouldn't see a penny of the fine, whereas if they get you to pay
this penalty, they get the money. So they'll keep pursuing the
penalty. What you have to do is to string it out for 6 months,
after which they cannot prosecute and thereafter can simply go
whistle. So you appeal every stage, always just before the
deadline. You don't admit who the driver was, as is normal with
such tickets. You ask lots of clarification questions and invoke
any other delaying tactic you can to keep it going for that 6
months.
Look for other Railway Byelaws cases to see what others have
done.
#Post#: 77770--------------------------------------------------
Re: Northern Penalty Parking Notice
DIR By: Sabab4321
Date: June 23, 2025, 11:54 am
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Thank you
I will search for more on the forum
#Post#: 77771--------------------------------------------------
Re: Northern Penalty Parking Notice
DIR By: DWMB2
Date: June 23, 2025, 12:01 pm
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--- Quote ---
> But don't panic, that rarely happens.
--- End Quote ---
Northern can be quite court happy, including prosecutions.
We had a semi recent case on here, but no conclusion reported
yet: Single Justice Procedure for Railway Parking Fine
HTML https://www.ftla.uk/speeding-and-other-criminal-offences/single-justice-procedure-for-railway-parking-fine/<br
/>
#Post#: 77778--------------------------------------------------
Re: Northern Penalty Parking Notice
DIR By: Sabab4321
Date: June 23, 2025, 12:49 pm
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Thank you for the latest update
I will go through the link to get more insights because I don't
even know how to appeal to drag it for long
#Post#: 77849--------------------------------------------------
Re: Northern Penalty Parking Notice
DIR By: b789
Date: June 24, 2025, 4:13 am
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This is easily defended if it ever reach court in front of a
magistrate. The burden of proof in a criminal matter (Northern
would have to prosecute under Railway Byelaw 24(1)) is "beyond a
reasonable doubt", unlike in the civil court where it is merely
"on the balance of probability".
Whilst the fact that they would try and prosecute this as a
criminal matter under Byelaw 24(1) shows the absurdity of the
matter and underlines why under The Road Traffic Act 1991,
parking offences were decriminalised, you would be able to argue
that only the driver is liable and they have no idea who that is
unless you blab it to them. There is no legal obligation for the
Keeper to identify the driver.
They will try and argue that it is the "owner" who can be liable
under Byelaw 14(4). However, there is no "register of owners".
They will try and argue that the Registered Keeper is most
likely the owner. However, remember that the burden of proof is
on the prosecution and all the defendant has to do is show that
the Registered Keeper is definitely not proof of ownership. It
states very clearly on the front of the V5C that this document
it is NOT proof of ownership.
SO, with the requirement for the prosecution to prove "beyond a
reasonable doubt", and there being good persuasive civil cases
that show, even under "the balance of probability", that the
Keeper cannot be liable just because the vehicle is registered
in their name, there is little chance of a case like this
succeeding, if it were to ever get that far.
So, you string this out by not making any responses to anything
until the last possible day. When you do, you introduce a query
that needs responding to which then forces them to respond and
so on.
If it ever does get as far as a summons, then you just need to
remember that the burden of proof behind a reasonable doubt,
rests on the prosecutor, not you and how do you think they can
prove beyond a reasonable doubt that you are the "owner" of the
vehicle?
#Post#: 77866--------------------------------------------------
Re: Northern Penalty Parking Notice
DIR By: roythebus
Date: June 24, 2025, 5:29 am
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There's a couple of fairly recent live cases on here, search
under "APCOA" "station parking" for details. I think one was in
Bedford, can'r remember wher the other was.
#Post#: 77895--------------------------------------------------
Re: Northern Penalty Parking Notice
DIR By: Sabab4321
Date: June 24, 2025, 7:55 am
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Thank you all for your time and assistance.
Going through all to have a good appeal
I will send a sample to this thread before submitting the appeal
Thank you once again
#Post#: 77914--------------------------------------------------
Re: Northern Penalty Parking Notice
DIR By: b789
Date: June 24, 2025, 8:51 am
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--- Quote from: Sabab4321 link ---
>
> Going through all to have a good appeal
>
--- End Quote ---
I think you under the misapprehension that this is like a
Parking Charge Notice (PCN) where you can appeal it. This isn’t
a private parking “fine” — it’s a Penalty Notice issued under
Railway Byelaw 14. That means there’s no formal appeal process.
The notice is effectively an invitation to pay a fixed penalty
to avoid possible prosecution in the Magistrates' Court under
Byelaw 24(1). You're not legally obliged to respond — and
crucially, you're not required to identify the driver.
The notice refers to the registered keeper, but the Byelaw only
permits liability for the owner of the vehicle — a distinction
that matters legally. The DVLA logbook (V5C) itself states it’s
not proof of ownership, so unless Northern can prove that the
keeper is also the owner, enforcement becomes shaky. It's not
for you to disprove that you are the owner.
There’s no harm in writing to Northern to explain the situation,
but it’s not a legal appeal — it’s a request for discretion. If
you do go down that route, it’s best to wait until Northern send
a Notice to Owner (NtO) or formal demand. That’s when you’ll
receive a new written deadline.
It’s best to wait until that letter arrives, and then, if you
want to contest the matter or explain the circumstances, you
should only do so shortly before the new deadline they set. This
delays the process and limits their window to initiate court
proceedings, which must be done within six months of the alleged
offence. For now, do not identify the driver, do not respond to
the windscreen notice, and don’t engage early — timing is
everything with these.
If they issue a formal demand later, you’ll still be well placed
to challenge it — but for now, no need to panic or rush to
engage. Stay calm, don’t identify the driver, and play for time.
#Post#: 77915--------------------------------------------------
Re: Northern Penalty Parking Notice
DIR By: DWMB2
Date: June 24, 2025, 8:54 am
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As above, if your goal is to engineer a time out, everything
should be done as late as possible.
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