Indigo Parking Ticket Help - Misread FAQ Section

newbil

Hi there,

First of all thank you to anyone in advance who reads this and can help.

I received a parking ticket by Indigo for parking at a train station on 8th May 17.
I was actually parked on the road outside the station which is perfectly legal. It is a country lane with no road markings where everyone parks once the free car park (under Indigo control) has filled up. The car park has some double yellow lines as you exit to stop people obstructing the exit. I didn't realise that the rear of my car was overhanging the double yellow line of the exit as I was the first to park on the road that day having just missed the last space in the car park. Of course, I received a PCN for it. However, it is absolutely ridiculous that I did when you understand the setup in real life.

This said, I read the FAQs on here that night and decided to wait until the NTK arrived. But yes, I misread the FAQs as I shouldn't have waited till the NTK arrived but should have responded on the 25/26th day like advised.
Now what I believe to be the NTK has arrived today as: 'OVERDUE PENALTY NOTICE TO OWNER' from Indigo. They are requesting £124 as payment. What are my options from here considering I have done nothing since receiving the PCN (yes I know I should have sent the FAQ letter on the 25th day - idiot on my part!).

Any help from here on out would be really appreciated. Any other details needed or if I need to make myself clearer please just say.

Thanks.

Coupon-mad

Doesn't matter. Appeal now, as keeper.

newbil

Ok, thank you!

So just to confirm I am sending them this below??:
And what is the best way to send this to Indigo?
Thanks again!

---


Dear Sirs

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

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

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

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,


THE NAME AND ADDRESS OF THE KEEPER GOES HERE. THE DRIVER IS NOT IDENTIFIED.

Fruitcake

Indigo are BPA members, so you send the BPA template in blue from the NEWBIES.

Send it by whatever method they tell you to use on the NTK. Don't forget to put the keeper's name on it as well as the NTK number. No editing, just copy and paste and send.

After that you need to read up on how to beat this at PoPLA. Pay particular attention to the byelaws appeal point.

waamo

The first appeal is moot really. The idea is to get a POPLA code so you can do a real appeal.

If your brave you can put:

Dear Indigo I wish to appeal innit.

I did not park rong. I is innocent innit. Giz us de POPLA codez as I wishes to appeal. Dis is defo an appeal so sendz de code.

LuvZ

Xxxx


I sent that to one company and they mailed back the ticket was cancelled. I think they knew I just wanted to cost them at POPLA.

Only do this if you are brave though.

newbil

Done as you said

newbil

Haha that is pretty funny!
It's done so I'll look out for the POPLA code response now and go from there.
Do you have a suggestion as to the best thing to send to POPLA once it arrives for my case? Cheers

waamo

I'm confident though. I'm a total of 8 nil up. 6 cp plus 1 ukcps and 1 parking eye.

Its POPLA that counts.

newbil

Waamo, completely fair enough.

For my particular case what is the best response to give to POPLA?
I've seen loads of examples but not sure what is best for my specific case..

waamo

Use the examples on here. There are loads and they are very up to date. They really do work.

Umkomaas

Dear Indigo I wish to appeal innit.

The waiter in a restaurant we frequent completes every sentence with 'innit'. So much so, Mrs U and I refer to him as 'Innit'.

Lovely poppadoms though - innit!