Missed deadline to appeal Indigo PCN (Byelaw14)

pappa_golf

however , acting as a train co , and under bylaw 14 they have the power of authority


pity its only against the driver and only for trespass

Coupon-mad

pombear80 wrote: »

OK, I can appeal by post to Indigo but not online as it keeps telling me my case has been passed on to the debt collectors and to contact them.

Simply appeal as the letter tells you to, why do people go round in such circles?

braquo99

on the popla website i saw this

POPLA has decided to adjourn all cases on which the parking operator has asked the motorist to make a payment in respect of alleged breach of Byelaws. This is following complaints to POPLA and ISPA that POPLA has no authority to look at these appeals. We are considering our position and will make a further statement in due course. We do not anticipate the cases to be adjourned for more than two months from 1 September 2016. Parking operators should not pursue payment while the cases are adjourned. During this period, motorists must still submit their appeal within 28 days of the date of the POPLA code if they want POPLA to consider their appeal. If you have already submitted your appeal you do not need to take further action.

So would this be the Bylaw14

and the other bit i have put in bold - so they shouldnt be chasing these up?

pappa_golf

correct , we know this fact , and by appealing and being placed on hold , the ticket could very well time out for magistrates (6 mths)


they cannot chase up when a popla appeal is made , they can if you have not lodged an appeal

pombear80

I posted the appeal to Indigo as advised here using the template here. In the meantime I received a final warning that the Penalty Notice is now £165 and that if I don't pay within 2 weeks (next week) I will get a court summons. To be honest I'm having sleepless nights over this now.

Coupon-Mad - The first letter from PPN Debt Recovery and Prosecution Service (Notice to Keeper) does not give the option to appeal to them, it said the option to appeal was given on the original parking ticket from Indigo.

pappa_golf

so , indigo are going to send you a summons ?


INDIGO CANNOT issue a county court claim , well they can , but would be stopped very quickly as this is bylaw land.


the train operating Co can take you to magistrates for trespass , but only in first 6 mths for trespass.


ingigo , trying it on again ,


2nd jan , you walk free ,

pombear80

I'm guessing PPN Debt Recovery and Prosecution Service are the ones that are going to send the summons, they are the ones sending the letters. At the bottom of the letter it says London & South Eastern Railway Limited trading as Debt Recovery and Prosecution Services. Is that the rail operating Co?

pappa_golf

yes it is the TOC , however those cases are very rare , they are trying to (legally) bribe you into paying a parking ticket , when (if taken to court) the charge would be a minor bylaw offence of trespass

Coupon-mad

pombear80 wrote: »

I posted the appeal to Indigo as advised here using the template here. In the meantime I received a final warning that the Penalty Notice is now £165 and that if I don't pay within 2 weeks (next week) I will get a court summons. To be honest I'm having sleepless nights over this now.

Coupon-Mad - The first letter from PPN Debt Recovery and Prosecution Service (Notice to Keeper) does not give the option to appeal to them, it said the option to appeal was given on the original parking ticket from Indigo.

Calm down, this is standard for Indigo, one of my friends got FOUR!

Send a letter then to both addresses, appealing it as keeper.

The keeper MUST be allowed the chance to appeal and get a POPLA code. You are allowed to appeal as keeper now and if not given a POPLA code after appealing, you should then complain to the BPA.

pappa_golf

Coupon-mad wrote: »

Calm down, this is standard for Indigo, one of my friends got FOUR!

Send a letter then to both addresses, appealing it as keeper.

The keeper MUST be allowed the chance to appeal and get a POPLA code. You are allowed to appeal as keeper now and if not given a POPLA code after appealing, you should then complain to the BPA.

once you get a popla code , they will sit on it until they decide if bylaw land is applicable , however due to the backlog , this could take several mths , rile on January ,