Indigo Ticket - Worth Appealing?

Jabba198

So I got a parking ticket today at the train station.

It was my fault, I parked up at 08:00, got on the train and tried to pay on the app. It wouldn't work so I left it a bit, forgot about it and then bought a day ticket a couple of hours later at 12:00 (which is the same price from 00:01 - 23:59 no matter what time you arrive and pay)

The app stayed open all that time, and when I went to process the payment again, it had the same arrival times still selected. When the payment went through, the receipt said 12:00 as the start time.

The fine time was 10:10.

Also, the app does not allow you to put in a reg number for your car, and only offers a Make, Model and Licence Plate State. This is only at my station car park, all others there is a section in which you can add your Licence Plate.

What do you guys think?

dirtdog

Yes, always worth appealing.

Search the forum for "indigo train station".

Handbags-at-dawn

Which train operating company was it? Indigo manage station car parks for several TOCs including GTR, Lodon Midland, London Overground and Southeastern. The timing for your appeal is not necessarily the same for them all.

You'll see the general recommendation is to wait for the notice to keeper to arrive because this uses up more of the 6 months time limit for a prosecution to be brought. The appeal is routinely refused but at least you get the opportunity to appeal to POPLA where - provided you have not revealed who was the driver or owner - you will win.

However, this does not apply if the TOC is Southeastern. In this case, Indigo only hang on to the case for 28 days. Southeastern then take over, get your details from the DVLA and issue the NtK themselves (using the trading name Debt Recovery and Prosecution Services - "DRPS"). If you try to appeal to DRPS they will simply tell you it's too late, tough. Access to POPLA is thereby denied. So if it's a Southeastern station you would be better off appealing the windscreen ticket before Indigo pass it on Do it as close to the time limit as possible.

Jabba198

It was a London Midland station.

My car is a lease so I don't really know who the registered keeper is. As well as putting a ticket on your windscreen, will they also send one to the registered keeper?

Coupon-mad

Yes (in a month) if you don't appeal as 'lessee/hirer' in time (which is what the NEWBIES FAQS tells you).

Jabba198

The newbie thread says
"If you are not the registered keeper - e.g. a hire/company/lease car - see asterisk below and appeal EARLY. "
So should I appeal now to stop them sending anything to the lease company? Or wait a little longer before I do?


I see the template Blue response on the newbies thread, but should I actually include the fact that the parking was paid for, like this response below:-

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

A parking ticket was unable to be bought on site due to the lack of cash or credit card at the time, and payment was to be made using the Phone App. Due to the app not working correctly, payment was delayed but a "Daily Weekday Peak" Ticket was purchased at 12:00, covering the hours of 00:01 - 23:59. Please find attached a copy of the receipt for the "Daily Weekday Peak" Ticket.
I do not believe the signage in any case, designates any 'appropriate time' then there is no defined appropriate time to pay. That time cannot be assumed and could very likely be at any time during the all day parking licence, before removing the car, because nothing instructs otherwise. It would be different if this was only a pay and display 'paper ticket on dashboard' car park but it is not.

An average circumspect driver and genuine train passenger, knowing that pay-by-phone is allowed for all day parking, can reasonably conclude that pay-by-phone can be done on the train or whenever they are able to get a signal to make that payment whilst the car is parked. There is no rule stating that payment must be made earlier, within xx minutes/hours or anything whatsoever in any 'instructions at that place'.

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,


Im not sure if I should add the bold bit as I haven't actually seen any signs, I might make a trip tomorrow to see what they say and how well they can be seen etc

What do you think?

Coupon-mad

So should I appeal now to stop them sending anything to the lease company?

Yes. Don't hang about. Your version looks fine, as you've been careful not to say who was driving/who paid using the App.

Jabba198

On the online form, it says you can untick that you were the driver, but it requires a name and address of the person that was driving.
Should I tick that I was the driver, or make up an address?

Coupon-mad

make up something like 'A N Other'

dirtdog

I put "." in my appeal for name and address.