Indigo penalty despite paying via Connect Cashless Parlkng

Seafire

I signed up to indigo cashless parking to allow me to park at Southern Railways - Chichester station.

I paid £21.40 for 7 days from 3/11/16, submitted my car reg in response to their text post payment etc.

Upon return to my card 7/11 was annoyed to find 3 penalty tickets for 3/11, 4/11 and 7/11....

The ticket on 3/11 was timed at aprx 10 mins after my txt to Indigo, so well within the advertized 30 mins grace period.
Assuming a simple cockup I rang their customer services to explain that i had paid but told to submit appeal via their website, which I duly did for the 1st of the penalties, thinking that having demonstrated that I had indeed paid the others would be dropped...!
I included screen shot of TXT with car reg in reply to their request; barclaycard statement showing payment; email from Indigo confirming a/c opened day before;

....Stupid me...!
I am therefore very annoyed to have received a reply from Indigo refusing my appeal and upholding the penalty notice:

" Breach code : 1 failing to display a valid ticket or voucher (inclusive of e-tickets) "

and....." searching their PDA,the Parking Attendant also has been unable to locate a valid e-ticket for your vehicle and therefore this notice was issued"

I assume their technology has failed to communicate the payment & vehicle registration to the local attendant's PDA promptly to show a valid e-ticket existed.

Suitable fired up by this ridiculous response, I started Googling and came upon this forum/thread. I see loads of people having problems and some interesting advice on how to proceed in some circumstances....

Sadly I had already appealed, stating I was the driver (vs keeper) but this may not be relevant since my grounds for appeal are that i had in fact paid. They have given me a POPLA code but I'm contemplating what to do next....

I've drafted an email complaint with supporting docs/images etc to go to SOUTHERN who own the site, and thereafter wondering if I'll
a) ignore the other 2 penalty notices
b) await any actual court summons and argue my case in court....
c) hit social media, which may make me feel better but not sure if will achieve anything from these idiots....

Appreciate suggestions/ideas....?

pappa_golf

you have proof you paid , the offence is failing to display a ticket (e ticket)

you will probably find on the paperwork referance to "bylaws or bylaw14" , the land in question will probably be classed as railway land.

under bylaws only the train operating co can take you to court (magistrates) and within 6 mths , there ids no such offence as failing to display in the bylaws

indigo are trying to get you to pay a bribe not to go to magistrates court , they know that failure to display is a no no , but will try it on

all case involving bylaws are on hold with POPLa

appeal ALL tickets seperatly in writing and get POPLa codes , use the blue template from newbies to do this

here:


Template appeal for BPA members - copy this wording into the online appeal box or into an email:




Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,





{obviously add the registered keeper's name, obviously add your postal address even if emailing (!) as long as you are sure the PPC is an AOS member}

ADD A SQUIGGLE IF POSTING IT!

NO NEED TO USE A REAL SIGNATURE - BUT DON'T POST UNLESS YOU HAVE TO - USE THE ONLINE APPEAL PAGE FOR FIRMS LIKE UKPC AND EURO CAR PARKS & PARKINGEYE, BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP A SCREEN PRINT. USE THE EMAIL APPEAL OPTION IF FIRMS OFFER IT.


when you get codes , appeal to POPLa , but CLEARLY mark your appeal as a bylaw case

read:

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.

1 November 2016 update

It has taken longer than anticipated to reach our decision on whether POPLA has the authority to look at appeals in respect of alleged breach of Byelaws. We expect to communicate our decision within the next four weeks. Thank you for your continued patience while consider our position. In the meantime, our guidance remains unchanged: 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.



by the time you submit appeals and popla work things out , 6 mths will have gone

Seafire

Thanks Pappa Golf,

...so I'll use the template on the other 2 PCN's....but I won't submit those till close to the 28 days from orig issue...? if INDGO uphold and provide POPLA CODE, then submit to POPLA > 28 Days from there, thus using almost 2 months up....do I still mentioned the fact that i had paid anyway...in both the initial appeal to INDGO and any subsequent appeal to POPLA...

If POPLA no longer have authority over byelaws claims then do we know who will...? Will it fall to the land owner to take any action.....?

Ref my 1st PCN, failed appeal filed as DRIVER not keeper, presume just leave that to file POPLA in 28 days from now.....?

Meantime should I go ahead and email/complain to Southern as owners of the land...?

Any likelihood of getting some compensation for the time/hassle in doing all of this.....?

Thanks....!

pappa_golf

at this point just get popla codes , its obvious that indigo are not going to listen to reason , full details inc bank statements etc can be fowarded to popla later

of popla decide that bylaw land is non applicable it will stop this dead

POFa clearly states this , but they cant read!


ps , southern won,t give a hoot , dont let them know that you understand bylaws ,

Any likelihood of getting some compensation for the time/hassle in doing all of this.....?

yes , at a later date you take indigo to court for obtaining your info unlawfully

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html