Indigo - desperate, so parked in wrong place

Paulee

[FONT=&quot]I go to France tomorrow for a week and come back a day after a 2 week period expires where I can pay a reduced (£60) fine for parking wrongly on a local railway station carpark. I was just about to pay this fine when I decided to “Google” Indigo, to see if anything showed up which might influence this decision. I only wish that I’d had the foresight to do this when I first received the penalty notice![/FONT]
[FONT=&quot]The Telford Central railway station has a very busy carpark. This carpark is the only one available for the station as it is well away from the town centre carparks for Telford. There is no chance of parking elsewhere and being able to walk back to station carpark. On 18.7.17. We parked our car on a grass verge alongside the carpark as it was full and with our train arriving shortly. We could think of no other alternative and this area is used regularly for parking their works vehicle by Network Rail. In addition the railway carpark is also used by nearby office staff and part of it is currently sectioned off as a storage area for future building work. When we arrived back from a trip to London we had a ticket stuck to the windscreen. My wife sent a letter appealing this penalty the next day. By chance, we didn’t mention who was driving, but we did confirm the occupants as my wife and me. We received a letter from Indigo, with no name on it, dated 17.8.17. rejecting our appeal. The letter stated that we had been wrongly parked on land managed by them and that we could further appeal this to POPLA but if we lost we would likely have to pay their costs and the full £100 penalty.[/FONT]
[FONT=&quot]I have sent a letter to my M.P. asking for help , complete with the letter we sent to Indigo and their reply[/FONT][FONT=&quot] (no reply from M.P. as yet)[/FONT][FONT=&quot]. We’ve had no other correspondence from Indigo.[/FONT]
[FONT=&quot]If you can help me I would be most obliged and thank you in anticipation.[/FONT]

waamo

In the thread at the top of the forum, the one that tells Newbies to read it first, are templates to win at POPLA.

This is likely a byelaws case too. Search the forum for Indigo byelaws.

Coupon-mad

Look at the Lewes station Indigo thread, which has an extra appeal point to add to the usual long list for Indigo railway cases, that describing it as a 'penalty' is misleading and impersonates a level of authority that a private parking charge does not have - a penalty goes to Magistrates Court but this is no such thing and is based on contract law. The operator cannot have it both ways and the PCN is not properly given.

Search the forum for 'Lewes POPLA Indigo'.

Paulee

Dear waamo and Coupon-mad,
Thanks so much for your help, I'll read up on your suggestions.
I had some good advice from the BMPA earlier, with links to MSE and I kick myself for not having thought to check this out when we first received the penalty notice. I was so angry about this and worried about the fine, that I just wasn't thinking rationally.
As I said, I will read the information on this site, but I'm struggling for time currently with a holiday/friends wedding in France tomorrow. Is the BMPA advice, that I shouldn't pay up now (in order to pay the reduced amount), but take my time and appeal to POPLA in September and take it from there, the correct route to follow?

waamo

I would rather stick pins in my eyes than pay it personally.

Paulee

waamo wrote: »

I would rather stick pins in my eyes than pay it personally.

I know and I certainly don't want to pay up for something that I believe is totally unwarranted but, that said, if I do have to pay I'd rather pay £60 than £100!

Umkomaas

Paulee wrote: »

Dear waamo and Coupon-mad,
Thanks so much for your help, I'll read up on your suggestions.
I had some good advice from the BMPA earlier, with links to MSE and I kick myself for not having thought to check this out when we first received the penalty notice. I was so angry about this and worried about the fine, that I just wasn't thinking rationally.
As I said, I will read the information on this site, but I'm struggling for time currently with a holiday/friends wedding in France tomorrow. Is the BMPA advice, that I shouldn't pay up now (in order to pay the reduced amount), but take my time and appeal to POPLA in September and take it from there, the correct route to follow?

Absolutely the correct advice. Go ahead and enjoy your holiday.

Once you're back you can come up with a POPLA draft (using the advice given by waamo and Coupon-mad), let us give it the once over and sign-off. You will then win at POPLA, in fact Indigo may well withdraw once they see a forum-assisted POPLA appeal.

Be mindful of the POPLA appeal deadline date - you do not want to miss that, or you'll have up to 6 years of hassle from Indigo and their debt collectors. Kill it at POPLA.

Paulee

Thanks Umkomaas, that's making me feel much happier!

waamo

Paulee wrote: »

I know and I certainly don't want to pay up for something that I believe is totally unwarranted but, that said, if I do have to pay I'd rather pay £60 than £100!

I would rather pay nothing, which if you follow the advice on here is what you will be doing.

Paulee

Hello again, following your previous advice I enjoyed a much nicer break in France, thanks very much!

I have to make my POPLA Appeal by 13 Sept (28th day) and I'm starting to get to grips with the huge amount of information on this site. I've not started very well though, as I can't find the specific thread 'Lewes POPLA Indigo' mentioned by Coupon-mad. Sorry if I'm being totally dim, but can you point me in the right direction please?

Also, I have now received a reply from my local M.P. who could offer nothing other than sympathy and the need for a larger carpark!

BTW, the reply I have had from Indigo, dismissing our appeal to their Penalty Notice gave us a POPLA Verification number. However, we haven't had a NTK, as far as we are aware, unless this was actually their reply letter.

waamo

However, we haven't had a NTK

They often forget to send one. This alone is a winning point at POPLA.