Indigo PN rejection but no popla code

Aftertherain

We received an Indigo penalty notice (on windscreen) in a railway car park in August.
The keeper appealed online to indigo using the blue appeal template in the newbies thread on day 26 and did not reveal the driver.

Indigo have rejected the appeal, but no mention of a popla code.
They have offered the penalty/fine at the reduced rate (£60) for 14 days. It doesn’t say what happens after 14 days. They then say:
“You have now reached the end of our internal appeals procedure. Should you remain dissatisfied with this decision, you may escalate this to a manager within 28 days of this letter”.

I think this is in breach of the BPA code of practice (ie they must send a popla code with their first rejection)?
Not sure what to do now? Should the keeper respond to them? Any advice appreciated…

pappa_golf

correct , send a copy of the letter to the BPA

Umkomaas

pappa_golf wrote: »

correct , send a copy of the letter to the BPA

.... with a very strong complaint. Important you also copy it all in to David Dunford of the DVLA.

Complaints to the BPA and DVLA can be emailed to:

aos@britishparking.co.uk

or (if posting)

British Parking Association
Stuart House
41-43 Perrymount Road
Haywards Heath
West Sussex
RH16 3BN

and DVLA:

FOI@dvla.gsi.gov.uk

david.dunford@dvla.gsi.gov.uk

Coupon-mad

Unless you are in Scotland, that letter deserves a major complaint. Scumbags get worse.

Aftertherain

We're in England.

Thanks for the replies. I will complain to DVLA and BPA as suggested.

So I take there's no need to respond to Indigo at this point?

Coupon-mad

I'd wind them up, personally, telling them they've been reported to the BPA and DVLA.

Aftertherain

Hi All,

Just received this reply to my complaint to the BPA.

“Thank you for your e-mail.

I can confirm Indigo Park Solutions are members of the BPA and an Operator under the Approved Operator Scheme.

The British Parking Association (BPA) has campaigned at length for clarity on the Clauses in Railway Byelaws pertaining to parking to be improved. Government committed at a meeting in January to provide clarification but due to various circumstances, some beyond their control, this has not been forthcoming.

We firmly believe that effective legislation that is not open to interpretation is vital in ensuring a fair environment for both our members and motorists. That is why we have taken the decision to temporarily remove the requirement for our members, who manage parking at railway locations under the Byelaws, to offer an independent appeal via POPLA.

Motorists who breach the advertised Terms & Conditions and receive a Parking Charge Notice (PCN) but who believe it has been unfairly issued will still be able to appeal to the operator. If however they remain unhappy following an appeal’s rejection the final decision can be made at a Magistrates Court.

In the meantime we will continue to work with Government to achieve a resolution to Railway Byelaws Clauses.

In view of the above, Indigo have not breached our Code of Practice and therefore we cannot investigate the matter any further.”

Very surprised at this?

Still waiting to hear from DVLA.

Any advice on next steps appreciated....

Redx

frankly, I am NOT surprised at this because its been unclear right from the start

those bylaws have been in place for many years and we keep telling people to string it out past the 6 months rule where it "times out"

so the BPA are telling you what we tell everyone about bylaws cases , that the TOC has the opportunity to issue proceedings through magistrates court and always have been able to (but they dont)

the real question now is if the PPC have the right to access keeper details under the KADOE contract in order to issue a Parking Charge Notice to the keeper , when the keeper is not liable

the DfT have failed to sort this out , as the BPA have correctly pointed out , so it seems that the BPA are withdrawing bylaws issues from their POPLA requirement

it remains to be seen if the DVLA will fudge their answer, or not , or even clarify the situation for all parties

so unless you get a summons to magistrates court within the 6 months deadline , you ignore the PPC and their DCA dogs (which has always been the case except in the last 5 years popla have been adjudicating these cases - bit it seems no more)

await a DVLA response and then maybe involve your MP

Umkomaas

If however they remain unhappy following an appeal’s rejection the final decision can be made at a Magistrates Court.

I’d respond to that email and ask them to confirm whether or not Indigo can refer the case to the Mags Court, and within what timetable. We know the answer (only the TOC can do this and within 6 months), but let’s put the BPA on the record on this.

Their response above doesn’t clarify matters (and deliberately so, in my view).

pappa_golf

"Motorists who breach the advertised Terms & Conditions and receive a Parking Charge Notice (PCN) "


PCN for tresspass?

I can see magistrates putting up with this (not)

how can trespass be so simplistic as say a parking ticket (of which you have already entered details in machine ) blowing over

Fruitcake

Umkomaas wrote: »

I’d respond to that email and ask them to confirm whether or not Indigo can refer the case to the Mags Court, and within what timetable. We know the answer (only the TOC can do this and within 6 months), but let’s put the BPA on the record on this.

Their response above doesn’t clarify matters (and deliberately so, in my view).

I agree. The BPA should be asked to clarify the statement about the magistrates court.
How can this be referred to the mags court, by whom (can the motorist do it), in what timescale, and who would get the monies if the court found against the motorist?

The BPA statement is evasive and implies that the parking company can take someone to a higher court than the small claims, which may frighten motorists into paying.
This statement in itself should be complained about to the DVLA and MPs.
To me it is false and unfair representation.