Issued a ticket even though I have an annual pass!

tintin_1929

Hi All,

Hope you can help. Purchased an annual pass to park at the station at a cost of £1500. Have had it for about 3 months without any issues.

7th July, I got a PCN on my windscreen stating '02 - Failing to Fully Display A Valid Permit'. My permit number can be seen clearly through the windscreen. The bottom of the permit, showing the number plate the vehicle is assigned to, was not shown purposely, see below.

I have bought a different car and have emailed them twice to update the pass to show the change of number plate but no acknowledgement from them yet. So, in order to avoid a ticket, I put the permit in the window in such a way to show that there was a valid permit (so they could look it up from the permit number and see that there was a change of number plate requested). Remember the irony, I did this to avoid a ticket! :rotfl:. Lesson learned!

I have been through the newbies FAQ thread and read the blue template (Indigo Park are listed as a member on the BPA but not the IPC). The trouble I have with the template is it talks about signage etc... I have a valid permit, I have evidence showing I have contacted them a couple of times to change the permit but have not had any response.

Is it worth going down the route of the newbies FAQ or should I treat mine differently? (I see there is a notice at the top of the thread saying 'your situation is not different or words to that effect.

Appreciate the guidance

peter_the_piper

Presumably you have copies of the contact you made and their response?

Umkomaas

From whom did you purchase the £1,500 parking pass? Have you complained to them about your current predicament?

tintin_1929

Hi to you both. I purchased the pass from the same company that issued the ticket (Indigo Park). I have the emails that I have sent to them requesting them to change the number plate but have no responses from them.#

I have not complained about the current predicament, want to be careful how I contact them because I understand I should do so only as the keeper, not the driver.

Does that help?

Coupon-mad

I would word it differently from the template in the NEWBIES thread:



Dear Indigo,

re PCN xxxxxxxxx

I am the registered keeper VRN xxxxxxx which received an unwarranted 'PCN' on 7.7.17. Kindly cancel this irritation and issue an apology before I complain to your clients at this location, as well as the DVLA and Trading Standards.

I have emailed you twice to update the Annual pass that I pay £1500 pa for, and proof of those emails is attached as evidence. If you have not updated the Annual pass data on your records to match the new car, this is your fault, not mine.

This is a formal appeal but the driver will not be identified, despite your webpage's attempts to insist on that information, contrary to the instructions of the DVLA and BPA (you cannot make the details of the driver, a condition of a keeper making an appeal).

I am aware that this is land covered by Railway Byelaws and you are impersonating 'penalty charges' yet dressing the matter up as if it is a 'contractual breach'. Indigo can't have it both ways, as I am sure POPLA will agree, and a registered keeper such as myself cannot be held liable on 'non-relevant land'.

Since I pay you £1500 pa for a valid Annual Permit, I suggest you take the easy decision and cancel this charge, and kindly confirm that our Annual Permit covers this VRN. If you issue any more PCNs without replying to my emails about the Permit, this will be construed as harassment, similar to that in Ferguson v British Gas. I reserve the right to sue or counter sue Indigo for damages for distress and require you to act professionally and sort this matter out immediately.

tintin_1929

Thanks very much! I'll give that a try and post back with the results

Coupon-mad

Don't fill in real stuff in the box about 'driver' when you tick the box to NOT say who was driving. Do not admit that.

Put:

'the Driver' as the name of the driver.

and 'does not have to be named and nor can you require this information' in the address for driver.

Or do what this poster did, who is now about to win at POPLA stage:

https://forums.moneysavingexpert.com/discussion/5677856

At no point was any indication given as to the identity of the driver, the box was unticked which asked 'were you the driver' on the appeal form, and when asked to input these details, N/A was entered into the fields.

Obviously you must give your real details as the appellant keeper.

tintin_1929

I was going to ask how to tackle that part! Cheers for that. :-)

tintin_1929

Hi Coupon-mad,

I'm back with an update! The parking appeal has been submitted and in the meantime, I have emailed Impark again asking them to update the pass (this is the third time). Guess what?? THEY GAVE ME YET ANOTHER PARKING TICKET!!

It's getting beyond ridiculous....

DoaM

Send them a formal Letter Before Action, advising them to:

1. Update your annual pass (as previously advised several times)
2. Cancel all open PCNs
3. Provide a written apology and confirmation that no further PCNs will be issued in relation an "incorrect" VRM

Above to be confirmed within 14 days of the date of this letter.
If they fail to do so then you'll initiate action in the county court pursuant to:

A. A claim for damages for harassment (£500)
B. A claim for damages for a Data Protection Act breach (unlawfully obtaining and using personal data) (£750)

That might get them to finally sit up and take notice.

Guys_Dad

In this particular case, I think it harms the appeal if the OP doesn't admit to being the driver.

The argument is that OP paid £1500 to get an annual parking permit. This was not only available for the car at time of buying ticket, but for any subsequent change of vehicle and was made available to the driver/commuter who had the right to park, in the same way that the annual season rail ticket is issued to a commuter.

By purposely not issuing a replacement pass or not having the systems in place to do this within a reasonable, they were creating an entrapment situation whereby if they did not issue an updated pass, they were denting OP the use of the permit that was purchased and as a byproduct, were attempting to make more money from penalties caused by their own leack of procedures.

You should not only ask for tickets to be cancelled, but for compensation as well.

Is there any wording on their t&c for parking that covers change of vehicle and replacement pass?