Indigo Parking charge Notice HELP

paraza

My husband was recently diagnosed with cancer. After he finished chemotherapy he underwent radiotherapy. One of the side effects of his chemotherapy was short term memory loss. So during his radiotherapy treatment he had to get a train each day which involved parking his car at the station car park. On one occasion he completely forgot to do his parking ticket which he puts down to his short term memory loss side effects. We appealed the ticket on this basis but they have refused the appeal. Would anybody have any suggestions or help where to go from here?

Many Thanks for your help

Fruitcake

paraza wrote: »

My husband was recently diagnosed with cancer. After he finished chemotherapy he underwent radiotherapy. One of the side effects of his chemotherapy was short term memory loss. So during his radiotherapy treatment he had to get a train each day which involved parking his car at the station car park. On one occasion he completely forgot to do his parking ticket which he puts down to his short term memory loss side effects. We appealed the ticket on this basis but they have refused the appeal. Would anybody have any suggestions or help where to go from here?

Many Thanks for your help

You should have received a PoPLA code with the rejection. If you didn't, complain to the BPA with a copy to Indigo.

If you got a code, use it. There are a number of template PoPLA appeal points you can copy from post 3 of the NEWBIES. One of these appeal points will be that byelaws apply to the station car park meaning that it is non-relevant land with regards to the POFA 2012, and therefore neither the keeper nor driver can be held liable. Only the vehicle owner is liable where byelaws apply, and only for trespass. The landowner (train company or railtrack) would have to issue magistrates court proceedings, but in the unlikely event that were to happen, Indigo will get nothing.
After six months this will become statute barred where byelaws apply, so you need to drag this out until then.

Do this by appealing to PoPLA as near to the 28 day deadline as possible, then rebut anything Indigo say. Just keep mentioning that byelaws apply and therefore Indigo should cease ad desist.

pappa_golf

would this land not be classified as a railway asset and the parking co (indigo) not have authority to press charges?

you will have recieved a POPLa code it the rebutal from indigo , so you now do a POPLa appeal , after looking thru the forum for the words "railway bylaws" , as such POPLa will refuse to handle the case and suggest that the landowner should take over and start a claim , the land owner will be the railway company and as such they only have 6 mths to issue charges


you did get a POPLa code from indigo , didnt you?

paraza

Thank you very much. That's really helpful ������

pappa_golf

did you get a popla code from indigo?

paraza

pappa_golf wrote: »

would this land not be classified as a railway asset and the parking co (indigo) not have authority to press charges?

you will have recieved a POPLa code it the rebutal from indigo , so you now do a POPLa appeal , after looking thru the forum for the words "railway bylaws" , as such POPLa will refuse to handle the case and suggest that the landowner should take over and start a claim , the land owner will be the railway company and as such they only have 6 mths to issue charges


you did get a POPLa code from indigo , didnt you?

Yes they did send a POPLA code

paraza

paraza wrote: »

Yes they did send a POPLA code

So I now just do a POPLa appeal? Thank you again for your help, much appreciated

Redx

yes, just find a recent POPLA RAILWAY INDIGO popla appeal and plagiarise it

pappa_golf

ok , now do your search for railway bylaws , and also look at completed cases , indigo will back down and offer no evidence in order to save £27 (the popla fee) when challenged

paraza

Having had lots of help (thank you) on trying to sort my husbands parking ticket I need more help! I'd tried to keep it as simple as possible but the situation is more complicated than I'd initially explained. I'll list it in bullet points to try and simplify it.........

1. My husband received PCN from Indigo. I appealed and it and didn't hear back. However I subsequently found a response in my spam folder from indigo with a rejection letter. The rejection letter had a POPLA code but when I tried to appeal it with POPLA it had expired. Popla have advised me to request another POPLA code from Indigo.

2. The car was a courtesy car(owned by Enterprise)as my husbands car was in the garage.

3. Indigo subsequently notified Enterprise and Enterprise have notified us of our liability. Enterprise have charged our credit card, which they held on file, a charge of £159 😩

What do you advise I do? Any help is much appreciated. Thank you 😊

Fruitcake

paraza wrote: »

Having had lots of help (thank you) on trying to sort my husbands parking ticket I need more help! I'd tried to keep it as simple as possible but the situation is more complicated than I'd initially explained. I'll list it in bullet points to try and simplify it.........

1. My husband received PCN from Indigo. I appealed and it and didn't hear back. However I subsequently found a response in my spam folder from indigo with a rejection letter. The rejection letter had a POPLA code but when I tried to appeal it with POPLA it had expired. Popla have advised me to request another POPLA code from Indigo.

2. The car was a courtesy car(owned by Enterprise)as my husbands car was in the garage.

3. Indigo subsequently notified Enterprise and Enterprise have notified us of our liability. Enterprise have charged our credit card, which they held on file, a charge of £159 ��

What do you advise I do? Any help is much appreciated. Thank you ��

You have confused things by starting another thread with this new information. I have given a detailed response to you there but have reproduced it here. However, please only post on this thread from now on.


This is my response on your other thread which you should not revisit.


Complain like mad to the hire company. I bet the Ts and Cs mention penalty charges and fines, but not parking charges from private companies. That would be like Enterprise paying a bill for a plumber's invoice for work that was never carried out, then charging you for it. They are not allowed to do it.

You must first as a priority contact your credit card provider and put the charge in dispute, as an unauthorised payment, then contact the hire company to tell them what you have done and why.

I believe they are a member of the BVRLA, (hire company trade association) and therefore they MUST follow the BVRLA guidelines that tells them to send the PCN to the hirer and NOT pay it.
You will have to do a bit of research on the BVRLA website to find the correct wording to quote, and also (I think) their chairman sent out a letter telling all members that they MUST follow this policy. Hopefully one of the regulars may be able to help with this bit.

So, contact the credit card company today, research the BVRLA requirements, then complain very forcefully to the hire company demanding a refund quoting their own trade association code of practice as for your reasons why. In addition, tell Enterprise that they had no liability themselves (unless it was a byelaws case) and by paying it they have denied you the right to appeal it which you were in the process of doing.

Was this at a railway station by any chance? If so, the owner, not the keeper or driver or hirer would have been liable as byelaws would have applied (and only for trespass, not a parking charge) so Enterprise were liable in the first place not the hirer. Point out that you were prepared to deal with this yourselves as a gesture of goodwill. Now they have lost all your goodwill as a result of their actions.