You are the Registered Keeper. This is a Penalty Notice issued under Merseyrail Byelaws, not a civil Parking Charge Notice. If Merseyrail want to enforce it, they must prosecute in the magistrates’ court within six months and prove the offence beyond reasonable doubt, much higher bar for them to cross than if they were to try a civil claim in the county court where the standard of proof is only on the balance of probability.
Do NOT identify the driver. Being the registered keeper is not proof of ownership or that you were driving. The V5C says it is not proof of ownership. Without driver identification their prospects are weak to nil.
Respond just before the deadline, as Keeper only, denying liability and requiring prosecution if they believe an offence occurred. Ask for evidence. Keep proof of sending (are proof of posting from any post office).
The slight risk is that they could try and prosecute. If they do, you would defend by putting them to strict proof of driver identity and of the alleged breach. Do not make any admission.
For now, take and keep photos of the bay markings and all signage. Keep copies of all correspondence and dates. If they threaten civil recovery or use debt collectors, write back stating this is a criminal byelaw matter and they must either prosecute or withdraw.
Use this Keeper letter to send before the deadline:
Re: Merseyrail Penalty Notice No: [insert PN number]
Station: [insert station]
Date of alleged incident: [insert date]
I am the Registered Keeper of the vehicle identified in the above Penalty Notice. I dispute the allegation and do not accept any criminal liability. I am not legally obliged to identify the driver at the material time and I decline to do so.
This is a Penalty Notice alleging a breach of Merseyrail Railway Byelaws (Section 14). If you intend to pursue this matter you must lay an information before a Magistrates’ Court and prosecute. If you do not intend to prosecute, you must withdraw the notice and confirm this in writing.
Please provide the following so that I may understand your position:
1. Full particulars of the alleged offence, including who you allege committed it.
2. Copies of all evidence you intend to rely on, including photographs or CCTV with timestamps and locations.
3. The name and identifier of the issuing officer and any witness statements.
4. Your legal and evidential basis for asserting who the “owner” was at the material time, including any evidence you rely on to equate the owner with the registered keeper, given the V5C explicitly states it is not proof of ownership, and proof of service of any prior notices.
Confirm whether you will be laying an information before the Magistrates’ Court. I require a minimum of 14 days to consider any prosecution papers once provided.
Yours faithfully,
[Full name]
[Postal address]
If prosecution papers arrive, request disclosure promptly and continue to put Merseyrail to strict proof of driver identity and of any instructions that were clearly in force and visible at the time.