Dear all,
I am seeking advice regarding a parking fine I have received from Merseyrail for parking outside the marked lines of a designated bay. Unfortunately, I initially attempted to resolve this matter directly with them and, in doing so, confirmed that I was the driver before fully researching similar cases.
I have provided photographic evidence of my parking, which, while not ideal, was influenced by the presence of a fence and a traffic cone on the left side due to construction work. To avoid obstructing the adjacent vehicle, I positioned my car as closely as possible to it without restricting the driver’s access. However, my appeal was rejected, and I was informed that failure to pay would result in the matter being escalated to a magistrates’ court.
Upon requesting clarification on the legal grounds for the fine, Merseyrail cited the following byelaw:
"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 obstruction or hindrance to the Operator or any person using the railway; or
(ii) otherwise than in accordance with any instructions issued by or on behalf of the Operator or an authorised person."
Following further research, I noted that the car park in question lacks any signage at the entrance or within the parking area outlining these restrictions. When I raised this issue, Merseyrail provided a photograph of a sign displaying their parking rules; however, this sign does not reference the relevant byelaws. Additionally, its placement is such that it is only visible after parking, and its size raises concerns about its adequacy as a means of informing motorists. Merseyrail has responded by stating that they are not required to have signage at the entrance and that the existing sign is sufficient.
I am now deliberating whether to:
Pay the fine, which has now increased to £125,
Engage a solicitor for legal representation, or
Contest the matter myself.
Part of me is inclined to challenge this in court, as it appears that Merseyrail is using criminal law to enforce what is effectively a parking dispute. Additionally, I question whether the absence of adequate signage could be a valid argument in my defense. However, I would greatly appreciate any guidance from those with experience in similar cases.
Many thanks in advance for your insights.
