Indigo 14 day appeal refused - Ticket not displayed

squidster69

Ok thanks again REDX.

I think my POPLA (so tempted to say POOPLA) is ready to go, I've updated the signage section and added my photo's etc.

If you guys, or gals (look where assuming has already landed me!!) think this is good to go I'll aim to submit around day 26 on POPLA web site using the Other reason option, which I guess applies in the case where the main argument is about Penalty Notice not being able to be enforced, in place of a Parking Charge Notice.

Coupon-mad

Yep, under 'OTHER'.

So do these Indigo cases, where they've issued a Penalty Notice instead of a A Parking Charge Notice, all get upheld straight away on this point alone?

Can't be sure - the latest lost case was a shocker and so I have thrown this new appeal point in only this week, as a suggestion for all Indigo 'penalty'/railway cases, because I think POPLA will buy it an agree on that basis. You only need to win on one point, and you are a guinea pig testing this one!

Redx

definitely a guinea pig on this one , because we try to get people to do things correctly from the word GO (an early intervention) and not fall into the "admitting who the driver was" scenario which will be harder to win regardless

ie:- POFA2012 protection wherever possible , driver not named , burden of proof on the PPC, never mind the muddy waters where these third party companies like VCS , APCOA and INDIGO etc try to enforce parking notices on bylaws land , or penalty notices when they have no authority to do so

BLABBING can be an expensive mistake , when you watch police programmes on tv , its usually NO COMMENT from the chavs , drug dealers and violent criminals , but then they get a free "brief" to tell them this , plus they have usually been through it multiple times before

squidster69

Ok, thanks again. Well it sounds like a very reasonable reason to me.
...one last question though..

Do I wait for 20 odd days or submit now in the hope for favorable response within the additional 14 days from the date of their appeal rejection letter, before in increases from 60 to 100?

Sorry if I've missed the understanding on that point.

Coupon-mad

£60 is irrelevant. Forget it entirely. You will not be paying £60 (or anything) and artificial PPC deadlines are thrown in to make people pay rather than appeal (a bribe, if you like). Don't fall for it, and don't expect a POPLA Decision for about 6 weeks.

The only reason to delay until day 27/28 is to get closer to the six months limitation under which the Train Operator/Network Rail could bring a case under the Byelaws (following it up as if it was a real penalty in Magistrates' Court), which they won't.

It merely gives you breathing space to drag it out.

Then if you lose at POPLA you are that much closer to 6 months and would have another defence point if Indigo try to use the county court morphing it magically back into a private parking charge notice again!

Redx

as above , you need to learn what the reality is here between parking charge notices (civil laws apply) and PENALTY charge notices (in this case where bylaws apply on railway , airport and port land)

all the talk about early redemtion is their smoke and mirrors, this is a deliberate ploy to deceive the public and where they have no authority in either case due to bylaws applying and the TOC being responsible

you are falling for their devolving parking out to third parties who have no authority to do what they are doing

the closer to the 6 month bylaws deadline , the better

although you see the issue as being about "parking" , its not , its about laws and authority and which "court" applies , plus timescales

the PPC tries to suck you into their sc@m with early redemption clauses

so string it out as long as possible , popla appeal just before the 28 day deadline , get past the 6 months , keep all paperwork for over 6 years

complicated innit ?

squidster69

Ok, yes I under stand now ...they surely are tricky conniving barstewards.



Thanks for all the help and support you all do an amazing job.


I’ll update when I get response for POOPLA. (couldn't resist)

Handbags-at-dawn

I recently asked Indigo whether the PPN my car picked up was for a penalty for breach of the byelaws or a demand for damages for breach of contract. Obviously it's vital to know which it is as the legal implications are very different.

Despite three reminders they failed to answer. I reported the matter to Steve Clark of the BPA. His reply on 26 th June was:

"With regards to your questions about the legal basis under which Indigo issue their Notices, we have been advised that neither Indigo or the BPA should comment on this matter until the DfT publish their clarification statement...."

So it's an extraordinary situation to say the least. It would seem that Indigo either don't know the legal status of their Notices, or they do know but aren't saying. In these circumstances the tickets are being improperly issued.

Might be another point to bear in mind

Lynnzer

That's extraordinary.
BPA not at all going to explain why one of their members is doing wrong.

Coupon-mad

Despite three reminders they failed to answer. I reported the matter to Steve Clark of the BPA. His reply on 26 th June was:

"With regards to your questions about the legal basis under which Indigo issue their Notices, we have been advised that neither Indigo or the BPA should comment on this matter until the DfT publish their clarification statement...."

That suggests that the 'clarification statement' is not going to be good news for consumers.