Hi
I'm looking for some help as I'm getting thoroughly confused about whether Railway Byelaw 14 takes precedence over non-PoFA, and whether I have a defence as the registered keeper of the car but not the driver.
Back in September 2025, my car was used to pick up a person from Leeds Train Station.
Mistakenly, this pickup was made on double yellow lines - the Highway Code allows boarding and alighting on double yellows. There are barely visible kerb markings at the place the pickup was made so the driver did not see these in a busy environemnt whilst looking for the passenger, nor did they see the small "no stopping" signs on the wall of the multi-storey car park whilst looking towards the passenger. It was a genuine mistake
At the time I, as the registered keeper, was demonstrably elsewhere. I have a signed witness statement that I, as registered keeper of the car, was far away from Leeds train station for all of the period of stopping.
In September 2025 UKCPS issued a letter on 14 days after as a postal non-PoFA.
I have appealed to UKCPS that I am provably not the driver only the registered keeper but this was rejected. The parking charge notice of £100 has now risen to £170 and is with Moorgate Legal as a Letter Before Claim in January 2026.
After extensive research on PoFA and reading bulletin boards on MSE, I was just about to complain to Moorgate that I was not the driver but I have just seen that Byelaw 14 might negate this defence and still hold me liable as keeper.
Can anyone advise whether "the Registered Keeper was not the driver" has been a successful argument with specifically Leeds Train Station?
Thank you
In September 2025, railway land was not ‘relevant land’ for the purposes of PoFA 2012 to transfer the liability from the unknown driver to the registered keeper.
It doesn’t matter one bit whether or not you were there. As long as the driver was not identified, the liability can not be transferred to the registered keeper.
Have they sent you a Parking Charge Notice, or a Penalty Notice?
Do you mean Moorside Legal?
In September 2025, railway land was not ‘relevant land’ for the purposes of PoFA 2012 to transfer the liability from the unknown driver to the registered keeper.
It doesn’t matter one bit whether or not you were there. As long as the driver was not identified, the liability can not be transferred to the registered keeper.
OK, thank you, but does Railway Byelaw 14 apply instead? If I understood correctly Byelaw 14 says the "owner" i.e. registered keeper is always liable.
https://assets.publishing.service.gov.uk/media/5a79c14b40f0b66d161ade8c/railway-byelaws.pdf Para 14 3 and 4 on page 12 of the pdf above
Apologies yes I meant Moorside Legal
UKCPS sent a Parking Charge Notice not a Penalty Notice and specifically said it was Postal Non PoFA. If it's issued under Byelaw 14 wouldn't it be a Penalty Notice and not need to mention PoFA as the owner is then liable?
The pick-up was done on Princes Street in Leeds so it's perhaps arguable that although it's private land it's not railway land. I really don't want to get taken to Court on an argument like that though.
"The Owner" and "The Keeper" are not the same legal party.
In fact, the majority of the cars under 5 years old are either subject to leasing, motor finance or the mobility scheme - meaning that the owner and the keeper are different parties.
They have no idea who the owner is. All they have is keeper details.
Can you please post up the original Notice to keeper covering only personal information - leave all dates visible.
If it was a PCN, then Bylaw 14 is irrelevant, and before Dec 26 '25, POFA did not apply, so no keeper liability.
There is not much you can do at this however - Moorside and UKCPS will carry on regardless. You can point this out at LOC stage, but they will probably just ignore it; so only when it comes to court will you be able to point this out as part of the defence.
I suspect that the OP was issued with a fake 'Penalty Notice' given that the OP mentions 'Byelaw 14' - a standard Parking Charge Notice would not mention Byelaw 14.
We need to see the origin NtK to give proper advice.
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