appeal to POLA - car pak ticket purchased & dispalyed but Indigo contesting

SJ30

hey
I cant keep up with the posts on this so sorry if repeating myself here. We live in Northern Ireland and under jurisdiction of UK so presume any consideration of prosecution would be similar for eg someone living in Scotland. Would be hopeful that what you saying about railway byelaws would still hold in terms of worth their effort?


SJ

SJ30

post 1 - this was the notice from POPLA and the original appeal to Indigo appeals process which was rejected.

just to give as complete a picture as poss - posts preceding this reflect the rejection letter from Indigo and then our appeal to POPLA.

thank you




Notice from Indigo to POPLA:

Penalty notices: Rail Appeals
Site: Brookmans Park \ Car Park
Reference:
VRM: xxxxxx
Other Make: xxx
Other Model:
Other Colour:
Issue Date: 17 Feb 2017
Issue Time:
Breach Date: 17 Feb 2017
Breach Time:
Issued By: xxxx
Reason: 01 Parked without displaying valid payment


Case Summary / Terms and Conditions
· Vehicle issued with PN on 17/02/2017
· Appeal received on 12/03/2017
· Rejection pack sent to customer on 19/03/2017
Vehicle was issued with a PN at the Brookmans Park Train Station Car Park for
failing to display a valid ticket.
The terms and conditions of the car park state that all vehicles must display a
valid parking ticket or have a valid E-ticket for the full duration of the stay. As the
Parking Attendant was unable to observe a valid ticket in the windscreen of the
vehicle and upon checking the registration on their PDA was unable to locate a
valid E-ticket, it has correctly been issued with a PN.
By entering the car park, the customer is agreeing to park in accordance with the
terms and conditions and it is the customer's responsibility to ensure they
observe the terms and conditions before leaving their vehicle in the car park.
These terms and conditions were displayed throughout the car park

Any Other Correspondence Between Complainant & Operator
No other correspondence sent/received




ORIGINAL APPEAL OF THE NOTICE TO INDIGO:

In accordance with the terms and conditions of parking I detail below the appeal against the penalty notice issued on 17 February 2017 in respect of my car parked at the Bookman’s Park railway station car park.

In accordance with the terms and conditions this appeal has been made within the requisite 28 days from the date of issue of the notice.

I can confirm that in accordance with Rail Byelaw 14 (3) that my vehicle was parked with the appropriate car parking charge at the appropriate time.

I would therefore contest the Breach code 01: parked without displaying valid payment.
This is on the basis that;

• As required, I did purchase the correct payment ticket at 09.20 on 17 February that was to expire on 18.02.17 at 04:00 hours.
• As required the ticket was displayed where it could be seen.

Please note that the Ticket reference is 784567.

As evidence of this I attach

• a photograph(s) of the ticket purchased, and
• a photograph(s) that shows the ticket as displayed on the passenger side window of my vehicle.

I was shocked to discover on my return to the car park at approx 12.30 pm that I had been issued with this notice given that the car parking ticket was visibly displayed on the passenger window and could in fact be seen looking through the driver door where the penalty notice had been attached.
I immediately rang the telephone number detailed on the notice but there was no facility to either speak to someone or to leave a message.

On the day in question, my husband completed this process:

1. Examined the payment meter and followed the instructions on it by:

2. Inserted into payment meter the required payment amount, using loose change.
3. Entered any required data via parking meter interface, including car registration plate details.
4. Took ticket generated from payment meter.
5. Stuck ticket to passenger side window, clearly visible from outside the car.

I would be grateful for confirmation by return of receipt of this appeal.

The appeal has been made within the specified deadline of within 28 days of the date of issue of ticket.

pappa_golf

SJ30 wrote: »

hey
I cant keep up with the posts on this so sorry if repeating myself here. We live in Northern Ireland and under jurisdiction of UK so presume any consideration of prosecution would be similar for eg someone living in Scotland. Would be hopeful that what you saying about railway byelaws would still hold in terms of worth their effort?


SJ

http://forums.moneysavingexpert.com/showpost.php?p=72549332&postcount=7

Coupon-mad

So Indigo have sent evidence to contest a POPLA Appeal re a railway car park? And you have seven days to rebut it? Unusual - perhaps because your POPLA appeal wasn't a good one (sorry... it missed every point we would have made).

I can understand why people are saying don't engage with POPLA - but you already have.


Just state to POPLA that you can't be held liable because there is no evidence as to the identity of the owner and this is a byelaws case, so there can be no keeper liability either. And as your husband and you were both in the car, the driver has not been identified so there can be no driver liability.

And the occupants of the car did pay and display, and the ticket was visible on the dash, so the PCN was not properly given.

SJ30

Coupon-mad
Thanks for this. Yes that's the case - our 7 days is up cop today. I know now that our POPLA appeal was weak - just bit naïve on it until looked on here.
Will use your advice above in the response.
Presume the other driver of the car whose reg was on our ticket is now also being dragged through this. It is just so petty and annoying.
Will put something back to POPLA since we have already started to engage in the process but will use the stuff from all of you here.
thanks
Sj30