Penalty Notice from Indigo - Breach Code 1

Gutsygirl90

Thank you all, so I simply reply the below? Also the appeal online text box doesn't allow me to put all of the information in and there is also a tick box for me to tick as to why I am appealing? Which do I select? Thanks again

Dear Sirs

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

I challenge this 'PCN' as keeper of the car.

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.

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.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

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

Yours faithfully,

Fruitcake

If that's the blue template for BPA members from the NEWBIES thread, then yes it's the correct one to send.

Do you mean the Indigo appeal page won't allow you to put the template in? That's unusual. The PoPLA wbsite has a 2k character limit but I don't know about the Indigo website.
Is that the only method the site allows you to use? Can you attach the template as a PDF or email it or post it?
What method does the PCN tell you to use?

twhitehousescat

why are you doing this now? , did you recieve the ticket 20+ days ago , ??

see post 9 , use the time available to get this to time out

Fruitcake

twhitehousescat wrote: »

PS: under railway bylaws , there is no such offence written , of failing to display a ticket

the act was amended back in 1842 after a spate of injured horses due to tickets being pinned to them

joking , it was 1875

I thought penalty code 1 was for not displaying a hay bale of wheat or oat in the boot, or is that only applicable to commercial vehicles, vis a stagecoach?

Coupon-mad

Newbies thread tells you to wait till day 22 if posting an appeal or day 26 if online (but avoid appealing ONLINE to Indigo because they ask a question they shouldn't, who was driving, and you have to tick a box).

So post it around 3 weeks in, to the appeal addy on the PCN, and go to the PO counter to get a free certificate of posting (NOT recorded delivery).

Gutsygirl90

No I only received the ticket yesterday so I will appeal in 20 days but wont this mean that the cost of the ticket increases? What if I do not win? Will I have to pay the £100 instead of £60.

Yes the Indigo you have to state who is the drive so am I best off to post a letter? Why should I not do recorded and just proof of posting instead?

Thanks for your advise every and sorry for the silly questions - I am new to this! :money:

Gutsygirl90

A pay and display/POF ticket machine was faulty
A valid authorisation to park the vehicle had been issued †
A valid pay and display ticket was purchased and displayed †
A valid payment was made †
I have a valid permit †
I was displaying a valid blue badge †
I was loading/unloading †
I was on Police/Fire/Ambulance emergency †
The restriction was not clearly signed or marked
The vehicle was not parked in the location at the time and date the Notice was issued

These are the options available to choose from and yes the character limit doesn't allow to pout the blue appeal all in so I guess I will have to post.

Fruitcake

aliceaylmer wrote: »

No I only received the ticket yesterday so I will appeal in 20 days but wont this mean that the cost of the ticket increases? What if I do not win? Will I have to pay the £100 instead of £60.

Yes the Indigo you have to state who is the drive so am I best off to post a letter? Why should I not do recorded and just proof of posting instead?

Thanks for your advise every and sorry for the silly questions - I am new to this! :money:

The cost of the ticket will be zero when the generous MSE discount is applied. Do not be suckered by the mugs' discount. It is for mugs. You are not a mug otherwise you wouldn't be here.

You have already been told not to reveal who was driving. Since you can't do this using the Indigo website your only option is to send a written appeal by post, first class from a Post Office counter and (very important) get a free proof of posting.

The scammers can refuse to sign for recorded delivery thus have proof they never received your appeal. Sneaky barstewards ain't they?

We were all new here once, and the process is continually evolving. It's a fast moving site at times so often you will get a brusque reply telling you to go and do your own research. Nearly all the information is already contained here. You just need to spend time learning how to navigate the site and do your homework. Nobody has time to spoon-feed every poster every single answer, especially when the answer has already been given 27 million times already.

Fruitcake

aliceaylmer wrote: »

A pay and display/POF ticket machine was faulty
A valid authorisation to park the vehicle had been issued †
A valid pay and display ticket was purchased and displayed †
A valid payment was made †
I have a valid permit †
I was displaying a valid blue badge †
I was loading/unloading †
I was on Police/Fire/Ambulance emergency †
The restriction was not clearly signed or marked
The vehicle was not parked in the location at the time and date the Notice was issued

These are the options available to choose from and yes the character limit doesn't allow to pout the blue appeal all in so I guess I will have to post.

See, I have learned something now which I will (try to) remember and hopefully retain for future use.

twhitehousescat

aliceaylmer wrote: »

Yes, it was in a South Eastern Railway carpark.

My last ticket which went to Popla was issued in June!

popla were not holding on to bylaw cases last june