Indigo 14 day appeal refused - Ticket not displayed

squidster69

Hi, I haven't had a popla response yet ...but a strange thing has happened with my last appeal to Indigo. I mentioned that I resubmitted a further appeal on the same PCN through their web site and it allowed this and came back with a page confirming submission and that nothing with happen with my fine until they have responded (or something thing like that) ...anyway, I did receive an email form them shortly after advising that they would not be reviewing my appeal etc and now just yesterday I have had another email from them with a further rejection of appeal but now its saying that the PCN was issued for "Breach Code 7: Not parked correctly within a marked bay" instead of the original "Breach Code 1:Failing to display a valid ticket or voucher" and I now have a second POPLA code.

They even resent the photos of the car again, which clearly show it parked entirely within a parking bay!!

So can/do I appeal both to POPLA? -- they are both for the same PCN reference.

Coupon-mad

If you have two POPLA codes...go for it but change the PCN reference in that second one to match the "Breach Code 1:Failing to display a valid ticket or voucher" one.

You do not want to submit two POPLA appeals for the SAME PCN number (you have to type it in for POPLA) so type in the *right* one for each appeal and see Indigo squirm.

squidster69

Hi coupon-mad,

Sorry, again I am easily confused.

I have two POPLA codes but the same PCN for each.

I have already submitted one POLPA for the original "Failing to display.."

How can I submit the second and change the PCN reference? ..surely this won't tie up? ...and shouldn't the second POPLA appeal be about the "Not parked correctly .."

Coupon-mad

Just use it - let the PPC squirm - and start the appeal by saying there has been confusion caused by the operator and you think they've muddled up two PCNs, however they have done the right thing and supplied you with two POPLA codes so this is your second appeal, re PCN xxxxxxx.

Then do the usual long appeal, and upload it.

The worst that could happen would be Indigo scrabbling around to explain why they issued two POPLA codes for a single PCN and then how do they explain why you didn't get one for PCN 2?

Worst case scenario is your appeal is not allowed, but if it were me I wouldn't worry - you are a consumer and they do this all the time - why would an ordinary person NOT think this is all a matter of the PPC getting confused, and attempt to appeal PCN #2 to POPLA?

The last thing to do is look a gift horse in the mouth!

squidster69

So for final clarity's sake:-

1. Submit 2nd POPLA appeal using the same PCN reference as my first POPLA appeal
2. Appeal with same appeal letter as the first but swapping out the "no ticket displayed" argument for a new "parked within bay" argument.
3. Start 2nd appeal with reference to confusion and possible muddling of PCN with two different reasons for issue of the same.

Coupon-mad

Submit 2nd POPLA appeal using the same PCN reference as my first POPLA appeal

No, that would kick it out. The other PCN ref.

squidster69

Sorry, I may have mislead. The PCN ref is the same on both rejection letters from Indigo, only the POPLA code and breach code and description are different. Or do you mean I should edit the PCN in some way to make it different on the second appeal. ..but then it wouldn't be a real PCN? ..this may have been what you meant in your post posts on 28th?

Coupon-mad

The PCN ref is the same on both rejection letters from Indigo,

I realise that. But do you have two PCNs? Why waste a POPLA code then?!

No-one is telling you to edit anything. This isn't rocket science. You have a second POPLA code, use it for the second PCN.

Just put the OTHER PCN no - the one you have not appealed to POPLA yet - in on the POPLA pages, where it asks, and carry on as if this is the appeal for that one, as any person would think so. Upload your appeal under 'OTHER' with the other PCN number in the heading - the one you have NOT appealed to POPLA yet - and see.

Use the second POPLA code for the other PCN, and start by vaguely mentioning your confusion but that this 'must' be the POPLA code for PCN xxxxxxxxx because you have already got the other one in at POPLA, so your appeal is as follows:

blah blah (usual stuff from here), including the vital fact that they mislead you by calling a contractual charge a 'penalty' and it cannot be both, breaches the BPA CoP. Wording as already written for you before.

squidster69

Ahh, I think I see where the confusion is now!

No, I only have one PCN.

I managed to submit a second appeal for the same PCN via the Indigo appeal site. So, they have sent a further rejection for the same PCN but rather bizarrely have stated a completely different breach code.

I do have 2 separate POPLA codes from Indigo, one for each appeal made by me.

Coupon-mad

Ah, that is odd! Sorry, I was convinced you had another PCN and could use this code for it!

I think I would mention it when you get to the 'comments on the evidence' stage, to show POPLA that Indigo appear to have no evidence of the contravention alleged and can't even decide about it, and have issued two conflicting rejection letters.