Advice for fighting Indigo parking! (bylaw 14 letters)

jacks0494

Hi all, I was wondering if anyone could give me some advice on some recent ‘Bylaw 14’ letters I received. Unfortunately I can't post links but hopefully someone will know what I'm talking about.

I received a couple parking fines a couple months ago (Feb 9 and Mar 4) at Welling Station, which is run my Indigo (formally Vinci). I couldn’t pay for my tickets originally because the Southeastern Parking website sometimes doesn’t take my payments. I even have screenshot proof. I was totally shocked when they told me I had to appeal to POPLA, and then disgusted when they rejected me. All down to the parking website. After reading different forums for advice, I decided to not pay up.

Last week, I received two Bylaw 14 letters asking me to pay up £100, or £165 after two weeks. I’ve read into this a lot on these forums and it seems it can be fought back. I really hope I don’t have to pay these vultures… So here’s my plan…

I was going to write a letter enclosed with the parking money I fairly owe them (2x £5.20) and included some questions that I will legally require them to answer before I pay any other fines (as suggested by a guy on another thread called Gan).

(obviously I’ll change the wording a bit, but something like this)

1 What is the precise bylaw and paragraph that you allege to be contravened ?
2 Why does your letter state that the registered keeper/hirer is legally liable when the Railway Bylaws make no such provision ?
3 What is your authority to bring a prosecution on behalf of another train operating company ?
4 If you do not in fact have such authority, what is your Interim Permissions Reference Number issued by the Financial Conduct Authority to pursue debts on behalf of a third party ?

Any advice would be incredible guys, thanks for reading!

pappa_golf

no such thing as a bylaw 14 letter asking for £100 or £165


those are begging letters , pay "us" and we wont take you to court


they , cannot take you to court , only the train Co can


suggest: 2nd class royal mail ping pong , one question at a time until the 6 mth has run out (6mths max to bring a charge in the mags court)

Dublindel

They won't take a fraudulent claim any further

jacks0494

6mths max to bring a charge in the mags court

So after 6 months after the initial parking fine was given to me they legally can't take me to court?

bod1467

The train company can't take you to magistrates court after 6 months from the "offence". The parking company can't take you to magistrates court at all.

The parking company could try small claims court, but they won't as it could bring their whole house of cards tumbling down.

Coupon-mad

I received two Bylaw 14 letters asking me to pay up £100, or £165 after two weeks. I’ve read into this a lot on these forums and it seems it can be fought back. I really hope I don’t have to pay these vultures… So here’s my plan…

I was going to write a letter enclosed with the parking money I fairly owe them (2x £5.20) and included some questions that I will legally require them to answer before I pay any other fines (as suggested by a guy on another thread called Gan).

If Gan on pepipoo has advised you then go with his advice. If the letters are from Indigo (NOT the TOC) then as others have said, this is an idle threat and you just need to string it out to six months.

jacks0494

I'm not totally sure if the letter is from Indigo. The header is - PPN Debt Recovery and Prosecution Service - with no reference to Indigo.

Coupon-mad

Who does it 'ask' you to pay money to?

jacks0494

They want me to send the money to DPS, PO Box 89, Portsmouth, PO1 1EG

bod1467

At first glance they looks like debt collectors.

https://www.penaltyfares.co.uk/static/home.aspx

jacks0494

Thanks for helping out guys

From what I've heard, anything regarding the Bylaw 14 means debt collectors. So I should approach them as that, a third party company collecting debt.

Here is what I was going to write to them...

To whom it may concern,

I have recently received two ‘Bylaw 14’ letters from you threatening to take me to magistrate’s court due unpaid parking fines. I have repeatedly told Indigo Parking that the website has regular technical issues and won’t accept payment from me on rare occasions. While I have the necessary screenshot evidence to verify the website errors, I am still told to appeal rather than be given a chance to pay.

Therefore, please find enclosed 2x £5.20 payments for parking charges at Welling train station for the following dates - February 9th 2016 and March 4th 2016.

I note that Debt Recovery and Prosecution Services is a trading name of London and South Eastern Railway Ltd, a different operating company.

In order that I can understand my position, please explain:

1. What is the specific bylaw and paragraph that you allege to be breached?
2. Why do the letters state that the registered keeper is legally liable when the Railway Bylaws make no such provision?
3. What is your right to bring a prosecution on behalf of another train company?
4. If you do not in fact have such authority, what is your Interim Permissions Reference Number issued by the Financial Conduct Authority to pursue debts on behalf of a third party?

Yours faithfully