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Indigo penalty notice

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Hi all,
First time poster. I have read all of your excellent advice and just wish to check that I have understood it correctly.
My husband parks regularly at Redhill station and has always bought an annual season ticket from Southern at the station ticket office (the car park is season ticket holders only prior to 9am).
When it ran out earlier this year he purchased a monthly season ticket from the Indigo website (can't afford an annual at the moment!) and when that expired he purchased two weekly tickets as we were going away for 1 week and he didn't want to waste a week of another monthly ticket. The ticket doesn't need to be displayed on the windscreen. On the last day of the two weeks he received a penalty notice - Breach Code 12 - parking in a season ticket bay without a season ticket. Basically he hadn't realised that the weekly tickets were not 'season' tickets. The website fails to make this clear. The ticket itself states this but he didn't print it out and therefore hadn't read it. Cost of two weekly tickets is half cost of a monthly season.
So I assume that the correct course of action is to:
- appeal the penalty notice on the Indigo website without giving any driver details and claiming that a ticket was purchased
- Indigo will refuse the appeal - wrong ticket purchased
- make POPLA appeal using code provided by Indigo in the format given in your Newbies section.
Thank you in advance for your help.
«13

Comments

  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    appeal the penalty notice on the Indigo website without giving any driver details and claiming that a ticket was purchased
    Using the blue text template from the NEWBIES FAQ sticky, post #1. Use it as is, do not reveal the identification of the driver, do not even attempt to 'tell the story of what happened'. Even telling them a ticket was purchased is unlikely to see anything but a rejection. If the car was parked in the 'wrong' place for the ticket purchased, you're playing into their hands by confirming the purchase of the ticket.

    Keep it simple.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • jac265
    jac265 Posts: 32 Forumite
    Seventh Anniversary
    Ok great many thanks. I will resist the urge to tell the story! :)
  • jac265
    jac265 Posts: 32 Forumite
    Seventh Anniversary
    Hi I am sending off my appeal to Indigo today. I assume that I do need to fill in my email address although I have obviously not given any other name and address details? Thanks very much.
  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jac265 wrote: »
    Hi I am sending off my appeal to Indigo today. I assume that I do need to fill in my email address although I have obviously not given any other name and address details? Thanks very much.

    You need to give the keeper's name and address, otherwise they will go to the DVLA for it. You want them to overlook accessing the DVLA database then you have them on no keeper liability as well as the not relevant land issue.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • jac265
    jac265 Posts: 32 Forumite
    Seventh Anniversary
    Thanks for your reply. Ok so:
    - on the appeal form I put 'The Driver' and 'N/A' for address details
    - give them my email address
    - but on the template attachment I put the name and address of the keeper.
    Have i got that right? Apologies for being slow!
  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 August 2017 at 12:52PM
    on the appeal form I put 'The Driver' and 'N/A' for address details
    Nooooooo! You never identify the driver. You'll blow all your toes off with that. OMG!

    I'm off out now, so won't be back on the forum for some hours. Don't send off any appeal until a regular has checked out everything you're about to do.

    When is your 28-day deadline for the initial appeal?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • jac265
    jac265 Posts: 32 Forumite
    Seventh Anniversary
    Oh dear!! Thanks - will do some more reading and then post again. Ticket was issued on July 28th so 28 day deadline is August 25th.
  • jac265
    jac265 Posts: 32 Forumite
    Seventh Anniversary
    Hi all
    I have set out below what I intend to send as my appeal to Indigo and I would be very grateful if someone could tell me whether I have it right or not. Thanks very much.

    Indigo appeal form -
    - Appeal details - tick box - 'a valid payment was made' and upload the email from Indigo confirming payment
    - Appellant details
    First name and surname - A N Other
    Address - N/A
    Email - my husband's email address
    - Were you the driver box - leave ticked

    And then also include the blue template as an attachment with the name and address of the keeper at bottom - or leave it with no address?

    Many thanks
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    - Were you the driver box - leave ticked

    Did you miss this?
    Nooooooo! You never identify the driver. You'll blow all your toes off with that. OMG!
  • jac265
    jac265 Posts: 32 Forumite
    Seventh Anniversary
    Ok thank you so I untick the driver box and then I'm good to go?
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