Indigo PN St. Albans Station

dirtdog

Hello

Today the driver of my car received a PN from Indigo at St. Albans station for "01 - Parked without displaying valid payment".

The driver did indeed pay for their parking at the meter and entered the licence plate into the machine, however the driver wasn't aware he had to display the ticket in the vehicle.

The PN is citing Rail Byelaw 14 and is 100 pounds if paid after two weeks, and 60 pounds if paid earlier.

Do I have have a case for fighting this PN?

Reading the sticky here it seems that I should wait 26 days and then send a BPA appeal and then appeal to POPLA. This this correct and still up to date?

Many thanks

Coupon-mad

Reading the sticky here it seems that I should wait 26 days and then send a BPA appeal and then appeal to POPLA. This this correct and still up to date?

Yes, it is kept up to date and was last edited last month, as you can see at the bottom of the posts.

dirtdog

Thank you Coupon-mad and thank you for the work on the sticky.

I will keep this thread updated with the progress.

The_Deep

You have an excellent case for fighting this. The land is obviously covered by bye laws and Schedule 4 of POFA, keeper liability, cannot not be invoked.

Some reading, (it is complicated, there is much more).

http://parking-prankster.blogspot.co.uk/2016/12/railway-byelaw-fiaso-warming-up.html

dirtdog

Thank you for your comment The Deep that is very encouraging!

dirtdog

The deadline for my appeal to Indigo is coming up (on the 6th of May).

I intend to send the following to Indigo by first class mail requesting "proof/certificate of posting" - is that the right way? (I am not from the UK, so not sure what it is called here).

Does this seem good?

(I've read a few threads where it is recommended not to mail the PPC but rather use their online form - why is that?)

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See post #10 for an updated letter.

Umkomaas

I intend to send the following to Indigo by first class mail requesting "proof/certificate of posting" - is that the right way? (I am not from the UK, so not sure what it is called here).

Are you resident in the U.K.?

In the U.K. you take your letter to the Post Office counter, hand it over and ask them for a (free) Certificate of Posting (must use a first class stamp). They will give you a 'certificate' which looks just like one of their till receipts.

The_Deep

You have not mentioned the most important point, this is Byelaws land and only the TOC can bring a charge, for trespass, in a Magistrates' court, for trespass. As you paid for your ticket you are not a trespasser.

dirtdog

Umkomaas wrote: »

Are you resident in the U.K.?

In the U.K. you take your letter to the Post Office counter, hand it over and ask them for a (free) Certificate of Posting (must use a first class stamp). They will give you a 'certificate' which looks just like one of their till receipts.

I am a resident of the U.K.

Thanks for the help - I shall ask for a "Certificate of Posting" when I send the letter.

dirtdog

The_Deep wrote: »

You have not mentioned the most important point, this is Byelaws land and only the TOC can bring a charge, for trespass, in a Magistrates' court, for trespass. As you paid for your ticket you are not a trespasser.

Thank you very much The Deep! I've amended my letter with your suggestions which I am posting below:

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Dear Sirs

Re: PN No. XXXX

I challenge this 'PN' 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.

The Penalty Notice mentions 'This cark park is regulated by the terms and conditions of parking displayed at the car park in accordance with Railway Byelaw 14'.

There is no Railway byelaw known as: 'Breach code 01: Parked without displaying valid payment'.

Furthermore, there is nothing in the Railway Byelaws that states that a private firm has any power to impose a ‘penalty’.

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, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,
dirtdog

paulstevens64

Also, do amend your 1st post, where you have implied who was driving.