Indigo, St. Albans Station - Rigmount Road

maddiction

So surly then they should be issuing something along the lines of a ' notice of intended persuite of a Penalty charge' and not something dressed up as a 'Penalty charge ', that clearly isn't. Which is surly fraudulent and obtaining money by deception ?? (A far grater 'crime' than parking on someone else's land....)?

m

The_Deep

This is indeed obtaining money by deception, the whole industry is attempting to obtaim money by deception. Compare PPC charges with similar council fins which are usually lower.

They rarely get away with it in court against a defence citing legal arguments, in some cases judges give them quite a rough ride. Unfortunately, many people think that they have a lot more clout than they have and pay up.u

Not only the PPCs, some solicitors are involved in the scam and we regularly report them to the SRA.

maddiction

So they have finally replied to my POPLA appeal, trotting out the same old signage and T&C's arguments, not at all addressing the absence of markings to show the bay in question was 'reserved', and again ignoring all the points raised.

The corker though, been their evidence of signage: The only 'reserved' sign they show is one over the other side of the car park, facing away from the road in question and behind trees (obviously it's a close up and they don't give any details of the signs location in reference to the area in question).

Anyway my question is: Are there any points I should raise in my response to there 'evidence'? I've nearly filled the 2000 characters the POPLA box will allow pointing out how irrelevant there 'evidence' is.

And should I wait as long as possible before submitting or just get it done?

Cheers,

m

Coupon-mad

Do it now, get it done. Why not just say what you said to us, in the same sarky tone?!

So they have finally replied to my POPLA appeal, trotting out the same old signage and T&C's arguments, not at all addressing the absence of markings to show the bay in question was 'reserved', and again ignoring all the points raised.

The corker though, been their evidence of signage: The only 'reserved' sign they show is one over the other side of the car park, facing away from the road in question and behind trees (obviously it's a close up and they don't give any details of the signs location in reference to the area in question).

Umkomaas

You need to rebut every point they make which is patently untrue, or you disagree with. Don't hold back, but please note that you can't introduce new evidence that was not included in your initial POPLA appeal.

Don't get hung up on the 2,000 characters portal window. Construct your rebuttal in MS Word (or similar) then convert to .pdf format and attach to an email to POPLA (check out the address on their website - I'm sure it starts 'info@popla...........').

While I'm saying don't worry about the 2,000 characters, don't go submitting something that looks like a University degree thesis in applied philosophy!

There are no templates, but do a search in other 'POPLA rebuttal' posts to use as a framework.

maddiction

Ah, had just been chopping out words to get it to fit in the box....

(If my response was direct to Indigo I would keep the same sarky tone, but POPLA aren't the ones trying to con people out of there hard earned..)


So far I've got:

Indigo have failed to address any points of my case, only talk about signage:

Failed to addressed the fact that the bay in question is not marked as ‘reserved’ or ‘for permit holders’.

Failed to provide any evidence that the entrance signage is visible or to the required standard (it is not; it is absent when you enter Ridgemount road). Thus ‘by entering the car park’ (which is a road!), there are NO T&C’s to agree too.

The T&C’s Indigo mention are NOT displayed throughout the car park as they claim, no evidence is shown to support this and contrary to the photo evidence provided by them.

The only ‘reserved’ signage (‘1 – 20 Permit holders only’ ) Indigo show in their evidence has no info of its location. It is infact over the other side of the carpark. The house in the background of the picture is on the far side of Ridgmount road, on right hand side just as you turn in. Rigmount road been in the background, BEHIND the sign, BEHIND the trees you can see, thus not visible, NOT relevant to this case. This is the only ‘reserved’ sign shown as ‘evidence’…

The rest of the pictures either show no reserved bays or show the vehicle in question and the fact that there is NO signage to indicate a ‘reserved’ bay.

The rest of the signage is impossible to read in the pictures, how could a driver be expected to read them from a vehicle?!

Further:

Indigo have failed to show the individual (me) that they are pursuing for this pCN is actually the party potentially liable under Rail Byelaws. Neither driver nor the owner have been identified at any point.

I appealed as the registered keeper, I cannot be held liable under any applicable law or byelaw. My appeals cover vital issue of 'no keeper liability' and Indigo have failed to show any evidence of the identity of the owner (the only party the byelaws say can be liable for a penalty).

In summary: The operator has still failed to demonstrated they have issued there pCN correctly.

Coupon-mad

In summary: The operator has still failed to demonstrate[STRIKE]d[/STRIKE] that they have issued [STRIKE]there[/STRIKE] their [STRIKE]pCN[/STRIKE] PCN correctly.

Just a typo and spelling error corrected, as I'm pedantic like that!

maddiction

Thanks, noted.

btw the 'p' is deliberately lower case as it's not a real 'Penalty'.

m

Emc_2

Hello maddiction. Exactly the same thing happened to me on 24 May as a visitor to St Albans train station, I parked right beside the pay and display machine and my space had parking written in yellow. Nothing to suggest it was reserved at all. I was equally shocked to receive a ticket as I had paid online and had the evidence. I appealed immediately on the indigo website (which was very user unfriendly) and received an email to say I would be notified within 14 days. Nothing received from Indigo. I subsequently phoned their office on 6 June and their call centre person Anthony said my appeal was pending but the outcome would depend on the train company. Either way, he said I would be informed by Indigo and would have 14 days following notification of appeal to pay the reduced fine of £60 if my appeal was subsequently lost. It's now just over a month and still no acknowledgement of the appeal outcome but was horrified to see tonight that they have increased the fine to £100 on the appeal area of the website!!! For me it is the principle, this is clearly a scam. What has been the outcome for you? I am minded to go to the local media with this as it puts me off visiting St Albans again. Any advice on what I should do next? Any advice appreciated...

Johno100

Emc wrote: »

Any advice on what I should do next? Any advice appreciated...

Yes, start your own thread.