PCN after wrong car reg no. for phone payment

DCG_123

Hi. I received a PCN today from Indigo after parking at a rail station operated by Southern Railways. I had parked there before and had used their automated phone system to pay the fee (ticket machines weren't working). Today when I called the number to pay, the system recognised my mobile number and took me straight to a confirmation process to pay with my stored credit card. However, I didn't notice that I was confirming payment for a different car to the one I was using today (the other car was in for repair and I was using an alternative). My fault, but it was noisy! I realised a couple of hours later when I checked the confirmation text and texted them back to explain the error and give the correct reg no. However, when I returned to my car there was the PCN which had been issued before I sent my text.
I've read the very helpful guide and can follow the steps outlined to appeal to Indigo first and then to POPLA. Do you think the circumstances described would justify an appeal? I have paid and can prove that and I can prove that the car for which the fee was paid was in a garage at the time.

Fruitcake

DCG_123 wrote: »

Hi. I received a PCN today from Indigo after parking at a rail station operated by Southern Railways. I had parked there before and had used their automated phone system to pay the fee (ticket machines weren't working). Today when I called the number to pay, the system recognised my mobile number and took me straight to a confirmation process to pay with my stored credit card. However, I didn't notice that I was confirming payment for a different car to the one I was using today (the other car was in for repair and I was using an alternative). My fault, but it was noisy! I realised a couple of hours later when I checked the confirmation text and texted them back to explain the error and give the correct reg no. However, when I returned to my car there was the PCN which had been issued before I sent my text.
I've read the very helpful guide and can follow the steps outlined to appeal to Indigo first and then to POPLA. Do you think the circumstances described would justify an appeal? I have paid and can prove that and I can prove that the car for which the fee was paid was in a garage at the time.

Indigo don't care. The circumstances are irrelevant and they just want your money. Appealing using mitigation/what happened on the day won't work, so don't bother.
This is probably covered by railway byelaws so the landowner has six months to take you to court. Consequently you just need the process to time out by playing the appeal game for that long.

I think Indigo are BPA members so just appeal as KEEPER using the template in blue from the NEWBIES thread, then appeal to PoPLA if that doesn't work.

Once six months are up you can tell Indigo to get stuffed quoting the relevant Byelaws. Alternatively you could add to your initial appeal that they cannot make a claim as Byelaws apply so they should cancel fifthwith, but personally the nearer you get to six months without the landowner being involved the better. Never mention who was driving.

Coupon-mad

Come back at POPLA stage having read other Indigo POPLA appeals. The winning wording is usually that Indigo have failed to show the individual they are pursuing is liable (under byelaws, as owner because the ID of the owner is never established). You will see that in the 'POPLA Decisions' sticky thread too, I posted a triple whammy win there last month v Indigo, and others have won before and since.

You need to simply search this board for 'Indigo POPLA'.