Newbie: Indigo failed to display

chilled_chick

I have found this forum rather too late I fear.

On 1st Nov 2016 the driver parked at Haywards Heath station car park, managed by Park Indigo. The car park has been recently redeveloped. Prior to this redevelopment (and the last time the driver parked there) they had used Connect Cashless Parking (an orange coloured logo app) to pay. The day before the driver was due to travel, they checked on the Southern Rail site that this was still the correct app to use and updated credit card details.

Upon arrival at the car park on 1st Nov, the driver parked and entered the stairwell foyer. There were purple signs detailing an Indigo app, a phone number to ring and pay and a Southern rail ticket machine. The driver couldn't see anywhere that the Connect Cashless app could be used. To keep it simple they purchased a parking from the Southern machine, entering the car registration and asking for a receipt. The machine issued a rail card voucher which the driver took and caught their train. At no point did the driver see any pay & display signs and there is nothing on the issued ticket (receipt) to say that it must be placed in your vehicle.

When the driver returned to the car that afternoon there was a penalty notice. The driver appealed to Indigo that afternoon with a photo of the paid ticket. Indigo had declined the appeal by 4:30pm the next day on the grounds that the ticket was not displayed. The driver immediately appealed to POPLA.

It is still within the 14 day discount period, should the driver just pay up? Or as the driver can evidence that the parking tarif was paid (in line with Rail Byelaw 14) are POPLA likely to uphold the appeal? POPLA have all such appeals on hold at the moment so the case will run passed the 14 day discount period and rise to £100 which will be hard to find, particularly at this time of year.

Many thanks.

pappa_golf

read https://forums.moneysavingexpert.com/discussion/5554021

Redx

edit post #1 and remove the details of who did what

no "me , myself and I"

change any details to

THE DRIVER did this , THE DRIVER didnt have blah blah etc

at the moment it looks like a witness statement for the claimant , or an admission of guilt

chilled_chick

Thanks Pappa Golf. I had already read that one. This is slightly different in that payment was not via the app and there was a paper ticket. Also, the driver was a bit keen submitting the POPLA Appeal

pappa_golf

and as posted , failure to display is NOT a bylaw offence , follow the suggestions I have made ,

if POPLa adjudicate , please return as this is a bylaw offence and popla clearly state on thier site

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.

Redx

chilled_chick wrote: »

Thanks Pappa Golf. I had already read that one.

But mine is slightly different in that THE DRIVER didn't pay via the app and did have a paper ticket.

Also, I have been a bit keen submitting my POPLA Appeal

amended that statement for you

you really need to learn to write in the "3rd party" as if recounting a tale told by somebody else , especially on the internet on open forums , or on social media

all we need now is name , address , D.O.B. , shoe size , bank account number , sort code ; rear CVV number , 16 digit card number and pin code for the card machines

Fruitcake

The driver could contact PoPLA to point out that this a Byelaw case and ask that it is dealt with accordingly.

Do not panic. It will take a while for this to go through PoPLA, and will take longer if it gets put on the Byelaws pile.
You just need to drag this out past six months when it becomes statute barred.
If PoPLA mismanage this and find in favour of Indigo, you don't have to pay. The decision is only binding on the scammers, not the motorist.

pappa_golf

oh , let them adjudicate , the link from popla states to send your appeal as normal , does not say to mark it or ring up ,

eagerly waiting a member of popla finishing skool and the ability to read POFa

Fruitcake

pappa_golf wrote: »

oh , let them adjudicate , the link from popla states to send your appeal as normal , does not say to mark it or ring up ,

eagerly waiting a member of popla finishing skool and the ability to read POFa

Good idea.

pappa_golf

nice to remind them , but thier ewebsite does not state that , just send in as normal

there was a case last week that they adjudicated on , luton airport http://forums.moneysavingexpert.com/showpost.php?p=71490811&postcount=2407

and http://forums.moneysavingexpert.com/showpost.php?p=71378601&postcount=2372

Coupon-mad

pappa_golf wrote: »

oh , let them adjudicate , the link from popla states to send your appeal as normal , does not say to mark it or ring up ,

I agree, let them adjudicate or put it in the 'stayed: bylaws case' pile, it doesn't matter. A station car park 'penalty' is times out within six months so if POPLA keep staying these ones they are doing people like you a favour, getting nearer to the six months limit.

It is still within the 14 day discount period, should the driver just pay up?

NONONONONONONONONO!

My friend had FOUR of these this year (at the same time, ish) and asked me the same question. When I'd picked myself up off the floor from laughing at the question, I think she knew the answer was no! And they were all won at POPLA but even if they hadn't been, I'd told her they die after 6 months anyway.