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  • FIRST POST
    • selhurst sound
    • By selhurst sound 29th Nov 17, 2:11 PM
    • 15Posts
    • 2Thanks
    selhurst sound
    Indigo Appeal Rejected - did actually pay for parking!
    • #1
    • 29th Nov 17, 2:11 PM
    Indigo Appeal Rejected - did actually pay for parking! 29th Nov 17 at 2:11 PM
    Hi all

    Unfortunately I appealed a penalty notice from Indigo before reading this board. I had thought it would be a simple appeal as I had actually paid for parking (train station) through the Indigo App, but for some reason it didn’t register that I’d done it, despite the fact it devotes my account. So I used the online appeal process and enclosed a copy of my statement showing the payment but they still rejected it saying they couldn’t see on their system that I had purchased parking. Even more annoyingly, I have acknowledged that I was the driver whilst doing the appeal. Should also point out that this is a company car so I am not the owner.

    Any advice as to what to do? Or am I just going to have to take this one on the chin and learn the lesson for next time!
Page 1
    • nosferatu1001
    • By nosferatu1001 29th Nov 17, 2:47 PM
    • 1,192 Posts
    • 1,236 Thanks
    nosferatu1001
    • #2
    • 29th Nov 17, 2:47 PM
    • #2
    • 29th Nov 17, 2:47 PM
    No, why would yo utake this on the chin?

    Was this a PENALTY under byelaws (incorrectly, as is widely known, but this is Indigos usual claim)
    OR
    A PARKING charge?

    If penalty, then there is no byelaw offence of failing to hae it register on their system> Just of failing to pay....
    • The Deep
    • By The Deep 29th Nov 17, 3:00 PM
    • 7,433 Posts
    • 6,484 Thanks
    The Deep
    • #3
    • 29th Nov 17, 3:00 PM
    • #3
    • 29th Nov 17, 3:00 PM
    but they still rejected it saying they couldn’t see on their system that I had purchased parking.


    If you paid, it is hardly your concern if they failed to record it. If this is bye-law land it is not all that important who was driving. Only the TOC can take you to court, and you have committed no bye-law offence.


    There is lots of stuff on the net about this company ticketing on bye law land.
    You never know how far you can go until you go too far.
    • selhurst sound
    • By selhurst sound 29th Nov 17, 5:01 PM
    • 15 Posts
    • 2 Thanks
    selhurst sound
    • #4
    • 29th Nov 17, 5:01 PM
    • #4
    • 29th Nov 17, 5:01 PM
    It was a penalty notice and says it’s in accordance with “rail byelaw 14”.

    So is the recommended action to do nothing and ignore it?
    • nosferatu1001
    • By nosferatu1001 29th Nov 17, 5:23 PM
    • 1,192 Posts
    • 1,236 Thanks
    nosferatu1001
    • #5
    • 29th Nov 17, 5:23 PM
    • #5
    • 29th Nov 17, 5:23 PM
    I would respond and ask which byelaw covers their payment system not recording g a payment that can be proven to have been made.
    • Umkomaas
    • By Umkomaas 29th Nov 17, 5:58 PM
    • 15,975 Posts
    • 24,795 Thanks
    Umkomaas
    • #6
    • 29th Nov 17, 5:58 PM
    • #6
    • 29th Nov 17, 5:58 PM
    Ask them, as they have rejected your initial appeal, where is your POPLA Code? They won’t provide one, but it tees them up for a complaint to the DVLA (there’s been some clandestine jiggerypokery between Indigo and the BPA).

    Ask them are they pursuing you under contract law, or under bylaws? If the former, where is your recourse to Alternative Dispute Resolution, your legal right under the CRA 2015? If the latter, under what bylaw and where exactly in those bylaws do they permit any organisation other than the Train Operating Company to prosecute through the Mags Court?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • The Deep
    • By The Deep 29th Nov 17, 6:05 PM
    • 7,433 Posts
    • 6,484 Thanks
    The Deep
    • #7
    • 29th Nov 17, 6:05 PM
    • #7
    • 29th Nov 17, 6:05 PM
    You have them by the short and curlies, make life for them as difficult as possible. Complain to the BPA, Trading Standards, (in writing), DVLA, and your MP.
    You never know how far you can go until you go too far.
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