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    • Longford
    • By Longford 22nd Sep 16, 12:07 PM
    • 2Posts
    • 0Thanks
    Longford
    Station Car Park - Penalty Notice "unauthorised area"
    • #1
    • 22nd Sep 16, 12:07 PM
    Station Car Park - Penalty Notice "unauthorised area" 22nd Sep 16 at 12:07 PM
    Hello,

    I wonder if you can help me. I have read a number of threads about this with contradictory advice.

    Sevenoaks Station Car Park has been full by 8.30 am this week. So I, and around 30 other people, have been parking outside the parking bays - in sensible places i.e. causing no obstruction & not on yellow lines. I paid to park each day before arriving at the car park (by phone). No penalty notices on Monday or Tuesday. Yesterday, however, 30+ penalty notices were issued - including one to myself.

    The Penalty Notice I received on my windscreen was issued by the car park operator INDIGO (Indigo Park Solutions UK Ltd):

    This car park is regulated by the terms and conditions of parking displayed at the car park in accordance with Rail Byelaw 14. By entering the car park you have agreed and are contracted to be legally bound by those terms and conditions.

    Breach Code 3 - Parked in an unauthorised area

    A payment of £100 is due within 28 days of the issue of the date of issue of this notice. If a payment is received within 14 days a reduced charge of £60 will be accepted as settlement. If payment is not received within the notice period action will be taken to recover the amount + costs of at least 25%.

    The back of the ticket says:
    Appeal in writing (address given) or at Indigo's website]
    Disputes: covered by POPLA
    We may request Register Keeper details from the DVLA

    Should I do nothing and ignore this?
    Or write to appeal (as opposed to using the website which makes you declare the driver)?


    They haven't incurred any losses because I paid to park. I'm not sure about the Rail Byelaw stuff & whether it is Indigo that have the power to take action. I haven't had change to read the parking T&C signs - although they look new and well-designed.

    I really want to avoid paying the penalty but don't want the hassle of this ending up in court.

    Thanks in advance.
Page 1
    • Coupon-mad
    • By Coupon-mad 22nd Sep 16, 12:41 PM
    • 38,265 Posts
    • 49,742 Thanks
    Coupon-mad
    • #2
    • 22nd Sep 16, 12:41 PM
    • #2
    • 22nd Sep 16, 12:41 PM
    Or write to appeal (as opposed to using the website which makes you declare the driver)?
    Appeal using the NEWBIES thread template in blue.
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

    • Longford
    • By Longford 22nd Sep 16, 1:09 PM
    • 2 Posts
    • 0 Thanks
    Longford
    • #3
    • 22nd Sep 16, 1:09 PM
    • #3
    • 22nd Sep 16, 1:09 PM
    Thanks, I struggle to follow the NEWBIE thread.
    For clarification is this the one?:

    Dear Sirs

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

    Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
    • Coupon-mad
    • By Coupon-mad 22nd Sep 16, 1:33 PM
    • 38,265 Posts
    • 49,742 Thanks
    Coupon-mad
    • #4
    • 22nd Sep 16, 1:33 PM
    • #4
    • 22nd Sep 16, 1:33 PM
    http://forums.moneysavingexpert.com/showthread.php?t=5528406
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

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