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Indigo railway parking notice

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12357

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  • Joe_whenjung
    Joe_whenjung Posts: 40 Forumite
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    Hmmm, and this is interesting. From Bylaw 14 S25
    Identification of authorised persons

    An authorised person who is exercising any power conferred on him by any of
    these Byelaws shall produce a form of identification when requested to do so
    and such identification shall state the name of his employer and shall contain
    a means of identifying the authorised person.

    “authorised person” means:
    (i) a person acting in the course of his duties who:
    (a) is an employee or agent of an Operator, or
    (b) any other person authorised by an Operator,

    I think I know what my next letter to Indigo is going to be requesting.

    Out of interest, where does the 6 month deadline under bylaws come from? I cant see it in there.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    Joe_whenjung wrote: »
    Out of interest, where does the 6 month deadline under bylaws come from? I cant see it in there.

    https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2015/crim-proc-rules-2015-part-07.pdf
    (5) Where an offence can be tried only in a magistrates’ court, then unless other legislation
    otherwise provides—
    (a) a prosecutor must serve an information on the court officer or present it to the court; or
    (b) an authorised prosecutor must issue a written charge,
    not more than 6 months after the offence alleged.

    Glad you got your head around the fact that railway land is 'non-relevant land'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Joe_whenjung
    Joe_whenjung Posts: 40 Forumite
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    Sorry to repeat this questiuon - I think it got lost earlier in the thread.

    Byelaw 14 (4)(i):
    The owner of any motor vehicle, bicycle or other conveyance
    used, left or placed in breach of Byelaw 14(1) to 14(3) may be
    liable to pay a penalty as displayed in that area

    As I read this, IF a Bylaw case gets to court, lack of Keeper liability would then no longer be a defense?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    IF , and thats a big if

    indigo , , was that indigo Indigo Park Solutions UK Ltd (formerly Meteor Parking Ltd) or Indigo Park Services UK Ltd (formerly Vinci Park Services UK Ltd)

    check the contract out carefully , you may find that a company that does not hold the contract with the train company ,is actually pestering you for money
    Save a Rachael

    buy a share in crapita
  • Joe_whenjung
    Joe_whenjung Posts: 40 Forumite
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    Papa, I believe that may well be the case. I am dealing with "Indigo Park Solutions UK Ltd". I dont know who holds the contract with the TOC. Surely that is a confidential commercial document, not one in private domain?
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Joe_whenjung wrote: »
    Papa, I believe that may well be the case. I am dealing with "Indigo Park Solutions UK Ltd". I dont know who holds the contract with the TOC. Surely that is a confidential commercial document, not one in private domain?
    It doesn’t stop you from asking Indigo for it. Why not, in parallel, ask the TOC for a copy of their agreement with Indigo (in whichever guise) or, if they can’t/not prepared to produce that, ask them to confirm exactly who (name of company) they have a contract with to manage the particular car park.

    You have to take every opportunity to cleave this wide open to find any weak point.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
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    and because railway land is NOT RELEVANT LAND , keeper liability does not apply unless a keeper admitted liability (becasue POFA2012 does not apply on land covered using bylaws)

    the TOC should take the driver (if known) or the OWNER to magistrates court within 6 months , or it times out

    yes its complicated , but INDIGO are using smoke and mirrors to dupe unwary motorists into paying a charge that they cannot deem to be valid

    its been a problem for a long time and POFA2012 had no bearing or input , the BPA and DVLA and POPLA have all washed their hands of it becasue the potato is so hot

    and INDIGO cannot pass the details they obtained to the TOC due to the DPA and also the KADOE contract with the dvla

    the TOC could instigate proceeedings but if they won the penalty fee would go into the court coffers and neither the TOC nor INDIGO would get a penny

    and as mentioned above, you look for every chink in their armour including the wrong name on any documents

    after 6 months the TOC cannot use the bylaws (not they they will do so becasue we never see threads where it has progressed to a penalty charge being held in a MAGS court)
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    Umkomaas wrote: »
    It doesn’t stop you from asking Indigo for it. Why not, in parallel, ask the TOC for a copy of their agreement with Indigo (in whichever guise) or, if they can’t/not prepared to produce that, ask them to confirm exactly who (name of company) they have a contract with to manage the particular car park.

    You have to take every opportunity to cleave this wide open to find any weak point.

    however , the OP is not dealing with the TOC at this point and indigo in whatever guise cannot hand data to the TOC

    there was a FOI with the correct answer however I cannot locate it at the moment
    Save a Rachael

    buy a share in crapita
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    after 6 months the TOC cannot use the bylaws (not they they will do so becasue we never see threads where it has progressed to a penalty charge being held in a MAGS court)
    Nor will they. They’ve contracted with a private parking company to do any of their dirty work (like the BPA and DVLA, the TOC themselves have done a Pontius Pilate on this, as too hot to handle). Why have a dog and bark yourself springs instantly to mind!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    there was a FOI with the correct answer however I cannot locate it at the moment

    This one, PG?

    https://www.whatdotheyknow.com/request/discussions_with_british_parking_2#outgoing-666106
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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