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  • FIRST POST
    • londoncallin
    • By londoncallin 17th Oct 16, 3:42 PM
    • 5Posts
    • 0Thanks
    londoncallin
    indigo
    • #1
    • 17th Oct 16, 3:42 PM
    indigo 17th Oct 16 at 3:42 PM
    so angry, my train (southern) was cancelled as they always are and so left with no choice I drove to another station to get a train which would get me in on time (started a new job and couldn't be late)


    the southern rail car park - looked after by indigo doesn't take the 'new' 5 or 10p's - and also not having £6.10 in change I didn't pay - I could have paid by phone but there is no reception on the car park


    then on return in the evening I see I had received a parking notice! ok I should have paid but was angry at the constant crap service by southern rail and now they are after me for £100


    do I have any chance of winning an appeal?
Page 1
    • Carthesis
    • By Carthesis 17th Oct 16, 4:09 PM
    • 445 Posts
    • 783 Thanks
    Carthesis
    • #2
    • 17th Oct 16, 4:09 PM
    • #2
    • 17th Oct 16, 4:09 PM
    a) You've obviously been quite naughty in not paying, but I see you know that already.

    b) No mobile phone reception at the car park - curious but believable. Nothing to say you couldn't have paid over the phone when you got to London though, which would have forestalled all this.

    c) Machine doesn't take 'new' 5p or 10p?? They haven't changed them for quite a number of years now! How out of date is their kit?!?

    d) Not having change isn't an excuse when they've offered an alternative means to pay.

    Your only saving grace here - beyond the 'charge' being far in excess of their loss (ignore the Beavis -v- PE quote they have no doubt claimed - it doesn't apply) - is that being a railway car park, it may be subject to By-laws which overrule what the PPC can get away with.

    Can you identify the station you parked at?
    • Herzlos
    • By Herzlos 17th Oct 16, 4:09 PM
    • 4,059 Posts
    • 3,550 Thanks
    Herzlos
    • #3
    • 17th Oct 16, 4:09 PM
    • #3
    • 17th Oct 16, 4:09 PM
    do I have any chance of winning an appeal?
    Originally posted by londoncallin
    Almost certrainly. Not to Indigo, they'll reject everything, but if it goes to POPLA you're fine. POPLA might not deal with it thouth if it's a railway byelaw issue, in which case you're laughing.
    • londoncallin
    • By londoncallin 17th Oct 16, 4:26 PM
    • 5 Posts
    • 0 Thanks
    londoncallin
    • #4
    • 17th Oct 16, 4:26 PM
    • #4
    • 17th Oct 16, 4:26 PM
    yeah bylaw 14 I think it is
    • Fruitcake
    • By Fruitcake 17th Oct 16, 7:49 PM
    • 36,453 Posts
    • 73,273 Thanks
    Fruitcake
    • #5
    • 17th Oct 16, 7:49 PM
    • #5
    • 17th Oct 16, 7:49 PM
    Please read the Sticky thread for NEWBIES then appeal to Indigo around day 26 using the BPA template in blue you will find there.

    Add very carefully (without revealing the driver's identity) that the car park is not relevant land so the POFA 2012 does not apply as they very well know.
    Only the driver can be held liable, and only for trespass, and only by the train operating company, and only within six months of the alleged event. That's why you musn't let them know the driver's identity.

    You need to stretch this out to beyond six months.

    If possible, find some way of making a late payment for parking.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
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