Indigo PN St. Albans Station

dirtdog

paulstevens64 wrote: »

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

Good point - thanks!

Autolycus2000

One further edit still needed. Word 25 of paragraph 2.

Handbags-at-dawn

Re your 6th paragraph -
"only the TOC can bring a charge for trespassing in the Magistrates Court........"

The charge would not be for trespass. It would be for breach of the Railway Byelaw 14 (2)(ii) - parking otherwise than in accordance with the instructions. And there is nothing to stop a PPC from bringing a private prosecution if they were daft enough to want to. So I would leave this paragraph out if I were you. (Not that it matters because Indigo will ignore you anyway.)

dirtdog

Autolycus2000 wrote: »

One further edit still needed. Word 25 of paragraph 2.

Thank you Autolycus2000. I cannot see the error - can you elaborate?

Handbags-at-dawn wrote: »

Re your 6th paragraph -
"only the TOC can bring a charge for trespassing in the Magistrates Court........"

The charge would not be for trespass. It would be for breach of the Railway Byelaw 14 (2)(ii) - parking otherwise than in accordance with the instructions. And there is nothing to stop a PPC from bringing a private prosecution if they were daft enough to want to. So I would leave this paragraph out if I were you. (Not that it matters because Indigo will ignore you anyway.)

Thank you Handbags-at-dawn I will remove the paragraph.

Autolycus2000

Change the word immediately after "aware" to be "he".

Coupon-mad

You will win at POPLA, everyone does:

http://forums.pepipoo.com/index.php?showtopic=113283

HTH

dirtdog

Autolycus2000 wrote: »

Change the word immediately after "aware" to be "he".

Got it - thanks!

Coupon-mad wrote: »

You will win at POPLA, everyone does:

link removed - too few posts

HTH

That is very encouraging, thank you!

I will update this thread with the progress so it can serve as a template for others.

Many thanks to everyone for their very helpful comments.

dirtdog

I went to https / admin.parkindigo.co.uk/indigo/pcn.aspx (spaces addded to address as I cannot post URLs yet) to file the appeal online, but interestingly I do not have the information to file the appeal online it seems (even though my PN states that I can).

The website asks for a VRM and a reference as they are printed on the notice.

I cannot find that information on my notice.

I will post the appeal instead.

The_Deep

The charge would not be for trespass.

But it would have to be for trespass. The ticket was purchased, displayed correctly, in time, the vehicle was properly licensed, and not causing an obstruction. What else could it be but trespass?

Handbags-at-dawn

Trespass is a civil wrong - a tort. It's not a criminal offence per se.

You can't be prosecuted in the Magistrates' Court for trespass unless some statute makes a particular form of trespass an offence. Eg. Part V Criminal Justice and Public Order Act 1994 created offences in connection with various forms of trespass, such as squatting (s 73).

The charge could only be for breach of a Railway Byelaw. (It's arguable that failing to display isn't contrary to B14 (1-3), but that is the only thing the charge could be for.)