POPLA Appeal Successful

ballstu

A quick summary: Parking charge received from Indigo by my son parking my motorbike in a spare bit of space at the Harpenden railway station. I didn't think the signage was clear enough, the space wasn't marked no parking and motorbikes are often parked in it and other bits of spare space when the actual m/c parking area is full - inconsistent enforcement.

I followed the advice on here - appealed via their online process and when rejected (expected), appealed to POPLA. POPLA upheld my appeal - not only was I right but Indigo never bothered/failed to submit evidence to the contrary by the deadline. Idiots.

I also wrote to Govia Thameslink Railway, complaining about Indigo and the charge. I received a canned response. I then complained more strongly and demanded the cancellation of the charge. I received a reply from an actual person, saying pretty much the same as the canned response and refusing to instruct Indigo to withdraw the charge.

Following the POPLA decision, I wrote to GTR, pointing out that I was right and Indigo and failed.

I gleefully wrote the following to Indigo:

"WRT the above "fine", I am extremely happy to advise that I was right and you were wrong. POPLA has upheld my appeal and confirmed that my challenge was correct.

Not only did you issue an incorrect fine, your so called reasons were also wrong.

And the cherry on the top - you didn't bother to submit evidence to the contrary to POPLA, thus admitting fault.

I've written to GTR, pointed out your failures and suggested that they reconsider your appointment.

You have substantially wasted my time and POPLA's. I don't care about yours.

I require no further correspondence from you as this matter is now closed. Should you see fit to continue to stalk and harass me, I will have no alternative than to take the appropriate legal action.

Consider your face well and truly rubbed in it!

Umkomaas

Nice one, great synopsis of your fight against them, and all off your own bat without direct forum assistance. Big hat tip.

Now you could make life very difficult for Indigo (and GTR - they are jointly and severally liable for the actions of their agents) by issuing an initial claim for £750 for the misuse of your personal data. By them not contesting your appeal at POPLA they tacitly had no case against you and therefore no reasonable cause to seek your details from the DVLA.

Read this:

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

And research Halliday v Creation Consumer Finance Ltd [2013]

It's time that PPCs are prevented from getting off lightly by just walking away after causing the motorist significant distress, work and inconvenience in trying to defend themselves.