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where are Indigo's terms and conditions?

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2

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  • park_ranger
    park_ranger Posts: 15 Forumite
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    Ah thank you, I understand now.
    Rather than post on here unnecessary, I'll keep quiet now and wait until nearer my 28 days and maybe get back with a draft appeal to Indigo for someone to cast an eye over.

    Thanks for everyone's help so far,it's most reassuring - especially the 'Don't panic' bits ;).
  • KeithP
    KeithP Posts: 37,738 Forumite
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    park_ranger wrote: »
    Ah thank you, I understand now.
    Rather than post on here unnecessary, I'll keep quiet now and wait until nearer my 28 days and maybe get back with a draft appeal to Indigo for someone to cast an eye over.

    Thanks for everyone's help so far,it's most reassuring - especially the 'Don't panic' bits ;).

    No need to get back with a draft appeal.
    At the appropriate time, just send Indigo the blue appeal from the newbies thread as it is.

    It really is that simple.
    All you're doing at this stage is getting a POPLA code from Indigo so that you can send a comprehensive appeal to POPLA.
  • park_ranger
    park_ranger Posts: 15 Forumite
    edited 28 October 2017 at 9:53AM
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    Not sure if I should start a new thread or continue this one so I'll try here first.

    I followed your advice for a 'not parked fully in designated bay' penalty notice from Indigo in September and sent my appeal to them by email around day 26 in Octobe using your blue template, asking for a POPLa number.

    I have now I received their rejection letter as expected but it did not include a POPLa number.

    What do I do now?

    Their letter also said payment could be made at a reduced rate of £60 if paid within 14 days but it did not say how long I had to pay the full rate if it don't pay within 14 days - either way I'm not paying but I'm curious.

    (if this post does not get noticed I'll start a new thread, hope that's OK)
  • ampersand
    ampersand Posts: 9,565 Forumite
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    I'll just answer your last sentence.

    NO! :-). Don't start a new thread. One event, one Thread.

    Msers with relevant input will be back/along shortly.
    Good luck.
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  • Umkomaas
    Umkomaas Posts: 41,410 Forumite
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    It’s the latest twist in the Indigo/railway bylaws/not relevant land saga.

    There’s been an agreement that they do not offer POPLA (the BPA seems to have persuaded the DVLA that this is acceptable; but this does not give the motorist access to ADR which I’m sure the CRA 2015 provides for.

    So, what to do? Firstly ignore anything more that comes from Indigo (unless the extremely unlikely event of court papers). Second, write a strong email of complaint to David Dunford of the DVLA and ask him just what is going on here, that you are being denied your legal rights of access to suitable Alternative Dispute Resolution because POPLA is not being offered. Ask him if the DVLA has approved and sanctioned this wholly unsatisfactory situation with Indigo?

    david.dunford@dvla.gsi.gov.uk
    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.

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  • park_ranger
    park_ranger Posts: 15 Forumite
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    I shall by all means send the email but I've just searched a pdf copy of the CRA 2015 for the word 'dispute' and it only comes up twice.

    Once saying it is unfair to include a term in the T&C that hinders the customers right to take legal action by requiring them to instead take disputes to arbitration and another saying that a dispute about compensation payable must be settled by arbitration. So maybe its true that nobody has to offer alternative dispute arbitration anymore.

    In the meantime, since the appeal rejection letter failed to give me any deadline to pay the full £100 by (just a window of 14 days to pay a reduced £60) I guess I can assume that although they feel I am obliged to pay £100, it can be paid at any time between now and the end of the world.

    I'll await court papers.
  • KeithP
    KeithP Posts: 37,738 Forumite
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    park_ranger wrote: »
    So maybe its true that nobody has to offer alternative dispute arbitration anymore.

    What??
    The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015
  • Umkomaas
    Umkomaas Posts: 41,410 Forumite
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    I've just searched a pdf copy of the CRA 2015 for the word 'dispute' and it only comes up twice.
    Sorry, I quoted the incorrect legislation - thanks KeithP for the below.
    KeithP wrote: »
    What??
    The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015
    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
  • fisherjim
    fisherjim Posts: 6,058 Forumite
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    park_ranger wrote: »
    I guess I can assume that although they feel I am obliged to pay £100, it can be paid at any time between now and the end of the world. I'll await court papers.

    A bye-law contravention times out after six months. ;)
  • park_ranger
    park_ranger Posts: 15 Forumite
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    Ah yes, that's right. Six months or the end of the world, whichever comes first :)
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