Railway Byelaw Indigo

clint_S

I parked in a London Midland railways car park. I had a weekly Parking pass, unfortunately the pass had fallen out of the window and I received a penalty notice, stating I had breach Railway Bylaw 14.


I contested the ticket on a few ground. First Indigo have no signs in the car park, no terms and conditions, no warnings about penalties, no indication who they are, all the signs are branded as London Midland and also have no terms and conditions or warnings of penalties (the car park used to be free).Around the pay station it does not state this is a pay and display on a pay here. There are no signs stating that this is a pay and display car park. I sent photos of the car park showing lack of signage.


Secondly I stated that Railway Byelaw 14 only requires a ticket be purchased not displayed, I sent a photocopied ticket showing that one had been purchased.


Thirdly I stated that they were issuing a Penalty Notice whilst the ticket seemed to be a Parking Charge Notice.


I got a letter back to my work address, not the registered address of the vehicle or the owners address, or name on it, stating that according to the signage a parking Charge notice was issued for failing to display a ticket. They stated I need to appeal to popla or pay £60 within 14 days.


What is the best next steps, I'm sure a complete lack of signage and compliance with the Railway Byelaw is a valid defence, but reading several forums it seems a Railway byelaw ticket process is Magistrates court not POPLA.

System

What is the best next steps,

You want it to time out after 6 months so you string them along.

I got a letter back to my work address

How did they get that? Do you have a lease car?

clint_S

IamEmanresu wrote: »

How did they get that? Do you have a lease car?

It was my mistake. I wrote the initial "who are you?" letter from work, this had the company address in the header. The question here is should they have sent the letter, it's simply a rejection of my letter on headed paper not like a notice to owner I've seen online, back to my work address or to the owner of the car, which isn't me. I never stated I owned the car or was the driver just that the ticket placed on the car was invalid.

Quentin

As advised, if you can string them along with a correspondence trail for 6 months you will be in the pound seats! (The matter will be timed out and you don't have the 6 year possibility of court action associated with the usual PPC.)

clint_S

Just a quick question.


I've had a look at the letter the sent me, they've called it a notice of rejection. Is this the same as a NtK, it looks different to the google search images? Should I wait for a notice to Keeper or wait until 28 days of the date on the letter before starting the POPLA process?


The letter was sent to my work address meaning I didn't receive it until it was 14 days old. Shouldn't they have sent something to the registered keeper, or at least to the registered keepers address? It's been 49 days since this Penalty Notice was put on the windscreen.

Johno100

clint_S wrote: »

The letter was sent to my work address meaning I didn't receive it until it was 14 days old. Shouldn't they have sent something to the registered keeper, or at least to the registered keepers address? It's been 49 days since this Penalty Notice was put on the windscreen.

If you gave your works address as the correspondence address it's hardy surprising that they replied to that address.

Fruitcake

clint_S wrote: »

Just a quick question.


I've had a look at the letter the sent me, they've called it a notice of rejection. Is this the same as a NtK, it looks different to the google search images? Should I wait for a notice to Keeper or wait until 28 days of the date on the letter before starting the POPLA process?


The letter was sent to my work address meaning I didn't receive it until it was 14 days old. Shouldn't they have sent something to the registered keeper, or at least to the registered keepers address? It's been 49 days since this Penalty Notice was put on the windscreen.

Where ANPR is used, POFA 2012 requires that a NTK to be delivered to the registered keeper within 14 days, starting the day after he event.

Where a windscreen ticket is issued, POFA 2012 requires a NTK to be delivered to the registered keeper between day 28 and day 56 starting the day after the event.

If you appealed as keeper then Indigo still have a week to get a compliant NTK to the keeper. However, you appear to have appealed as driver so POFA 2012 does not apply. Can you confirm which you did?
The good news is that under Byelaws, the landowner only has six months to make a claim, that's why you need to string this out.

System

However, you appear to have appealed as driver so POFA 2012 does not apply. Can you confirm which you did?

The paperwork won't mention POFA as it is a bylaws ticket. They can offer POPLA though.

The good news is that under Byelaws, the landowner only has six months to make a claim, that's why you need to string this out.

They are not "claims". They are a visit to the Magistrates Court and Indigo can't do that. Only the Train Operating Company (TOC) can initiate proceedings and TOC's don't do it as they have to pay the costs and don't get the fine income!

clint_S

Fruitcake wrote: »

Where ANPR is used, POFA 2012 requires that a NTK to be delivered to the registered keeper within 14 days, starting the day after he event.

Where a windscreen ticket is issued, POFA 2012 requires a NTK to be delivered to the registered keeper between day 28 and day 56 starting the day after the event.

If you appealed as keeper then Indigo still have a week to get a compliant NTK to the keeper. However, you appear to have appealed as driver so POFA 2012 does not apply. Can you confirm which you did?
The good news is that under Byelaws, the landowner only has six months to make a claim, that's why you need to string this out.

Ok I'm going to sound stupid but I'm not sure whether I appealed as a driver or keeper. I simply said "I’m a bit confused regarding the ticket placed on the window of (reg number) at Hartford Station". I then mentioned lack of signage and that Indigo have no signs up. I didn't state that I owned the car or that I was driving. I was careful not to state that I did anything, like "I purchased a ticket", but said "here is a valid ticket".

Redx

if you have a valid popla code, use it just before it expires, to string the process along , so just before the 28 day deadline (use the parking cowboys code checker to find the expiry)

Coupon-mad

Same as any other case. OP is at POPLA stage. He just needs to search 'Indigo POPLA' on this forum which is the obvious choice of keywords.