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Indigo penalty notice

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haxor
haxor Posts: 55 Forumite
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Hi MSE,

Today I've received a penalty notice :wall:,I have a weekly e-ticket so I've paid for it.
Unfortunately I've received a ticket for "Breach code 3",parked in an unauthorised area,********* there was no yellow line,and wasn't obstructing no one.
I've tried to read a couple of threads regarding indigo car park and the appeal process,but more I was reading about it and more confused I was getting.
100£ for a parking ticket it's a rip off,especially when I had a weekly ticket,what's the best way to appeal this in my opinion unfair ticket?

thanks
«1345

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  • Umkomaas
    Umkomaas Posts: 41,548 Forumite
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    what's the best way to appeal this in my opinion unfair ticket?
    By reading the NEWBIES FAQ sticky, post #1 to start you on your way.
    I've tried to read a couple of threads regarding indigo car park and the appeal process,but more I was reading about it and more confused I was getting.
    I'm afraid there's no hey presto to make this go away. You will need to get a good understanding of private parking issues and how to deal with them. The above sticky includes a template initial appeal for you to use. As Indigo are a BPA operator you use the one written in blue text.

    Is this a railway station car park? Does their letter state they are pursuing you under contract law, or are they pursuing you under by-laws?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
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    best thing to do is to start by reading the BPA ADVICE in the NEWBIES sticky thread

    then put INDIGO RAILWAY POPLA into the drop down forum search box and read what others have done this year and do the same , appealing as KEEPER and not revealing the owner or the driver

    in this case you string it out by appealing around day 25 as KEEPER , and drag this past the 6 month mark where the bylaws cannot be used

    but dont miss the 25 day appeal deadline to INDIGO and dont miss the subsequent 28 day POPLA deadline either

    and as its a railway bylaws issue , INDIGO will likely fold before popla rule on it

    but you must go through the motions having read what I told you

    and edit post one so nobody knows who was driving
  • haxor
    haxor Posts: 55 Forumite
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    Umkomaas wrote: »
    By reading the NEWBIES FAQ sticky, post #1 to start you on your way.


    I'm afraid there's no hey presto to make this go away. You will need to get a good understanding of private parking issues and how to deal with them. The above sticky includes a template initial appeal for you to use. As Indigo are a BPA operator you use the one written in blue text.

    Is this a railway station car park? Does their letter state they are pursuing you under contract law, or are they pursuing you under by-laws?

    Yeah that's fair enough i'll give it a read again later as I've just come back from work and my mind it's a bit all over the place.

    Yes it's a railway station car park,the ticket that was on my windscreen it's basically a receipt saying that I have to pay 100£ (60 if paid in 14 days).
  • Redx
    Redx Posts: 38,084 Forumite
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    calm down and do some reading , you have 25 days before this is appealed , so plenty of time to get up to speed on these issues
  • haxor
    haxor Posts: 55 Forumite
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    Redx wrote: »
    calm down and do some reading , you have 25 days before this is appealed , so plenty of time to get up to speed on these issues

    Thanks :D well I'm trying to calm down,but in general I got so much going on and this is the last thing I needed.
    I've looked on the indigo appeals page,what option should I select for my case?

    A pay and display/POF ticket machine was faulty
    A valid authorisation to park the vehicle had been issued †
    A valid pay and display ticket was purchased and displayed †
    A valid payment was made †
    I have a valid permit †
    I was displaying a valid blue badge †
    I was loading/unloading †
    I was on Police/Fire/Ambulance emergency †
    The restriction was not clearly signed or marked I was thinking of this one?
    The vehicle was not parked in the location at the time and date the Notice was issued
    *
  • Redx
    Redx Posts: 38,084 Forumite
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    seems to be the best option but as I have said you wont be using that blue text appeal for another 3.5 weeks !

    plenty of time to get it right and to learn why this is done in 25 days and then the popla appeal is also strung out for about 25 days, and why

    so bear in mind that INDIGO cannot issue penalties under bylaws, only the TOC can do so (which none of them do), so its smoke and mirrors that INDIGO are using to muddy the waters , because railway land is not relevant land as bylaws apply, which they cannot enforce in a magistrates court as the TOC is the principal
  • haxor
    haxor Posts: 55 Forumite
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    Redx wrote: »
    seems to be the best option but as I have said you wont be using that blue text appeal for another 3.5 weeks !

    plenty of time to get it right and to learn why this is done in 25 days and then the popla appeal is also strung out for about 25 days, and why

    so bear in mind that INDIGO cannot issue penalties under bylaws, only the TOC can do so (which none of them do), so its smoke and mirrors that INDIGO are using to muddy the waters , because railway land is not relevant land as bylaws apply, which they cannot enforce in a magistrates court as the TOC is the principal

    Cheers Redx, I think i'm starting to understand the process to appeal this notice,you've been really helpful :T
  • Umkomaas
    Umkomaas Posts: 41,548 Forumite
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    haxor wrote: »
    Cheers Redx, I think i'm starting to understand the process to appeal this notice,you've been really helpful :T

    If you dash at this, you'll make mistakes. No one is saying this stuff is easy, neither is getting shot of the ticket, unless you understand what you're doing, then it's not so difficult.

    So while we are saying 'calm down', we don't mean it the way that that fop Michael Winner would say it. We mean take it easy, read things calmly, they will start to sink in, you'll get more confidence - then you go for the jugular.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas
    Umkomaas Posts: 41,548 Forumite
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    No no no! Just read what you've written in your post #10 above. The driver should not be identified under any circumstances.

    You see, dashing at this can end in tears. Amend that post!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • haxor
    haxor Posts: 55 Forumite
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    Umkomaas wrote: »
    No no no! Just read what you've written in your post #10 above. The driver should not be identified under any circumstances.

    You see, dashing at this can end in tears. Amend that post!

    :eek:

    ok wow,i'm definitely a newbie.
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