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« on: December 19, 2024, 09:55:43 pm »
I received a parking charge notice (not penalty charge notice) for parking in a Merseyrail (train company) car park outside of the reserved bays (on the curb). I decided to ignore it as the sign (photo attached) did not state I had to park within the reserved bays and I didn’t park on a double yellow.
To my surprise, I have just received a Single Justice Procedure stating that I have committed a criminal offence and will be taken to a magistrates if I don’t plead guilty.
The notice reads
“It is an offence to park your vehicle other than in accordance with the operators instructions”
The notice also states I contravened Merseyrail Byelaw 14(2).
14.2 No person in charge of any motor vehicle, bicycle or other conveyance shall leave or place it on any part of the railway:
(i) in any manner or place where it may cause an
(ii) obstruction or hindrance to the Operator or any person using the railway;
or (iii)
otherwise than in accordance with any instructions issued by or on behalf of the Operator or an authorised person.“
I have 2 issues that I need advice on:
1. Is an SJP justified or should this be dealt with in a small claims court? (I’m guessing so because its a byelaw but just need confirmation).
2. Given that I parked on the curb, not causing an obstruction, leaving more than enough space for both cars to drive past and people to walk by on the pavement, would I stand a good chance in court challenging this?
Thanks
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