Indigo Penalty Notice - won’t issue a POPLA reference

Hi, starting a new thread as I couldn’t find a precedent for this in the other threads.

My Indigo penalty notice came after parking at a railway station and trying to pay on the train via Connect Cashless Parking using SMS, and then online - services which both weren’t working at the time. I eventually paid by phone when I got to my destination but it was more than 30 mins after parking.

I think this penalty is unreasonable. The parking was paid for. The delay in paying was due to IT problems by Indigo’s agents.

The appeal to Indigo has been swiftly rejected as “Failing to display a valid ticket or voucher (inclusive of e-tickets). Evidence displays a valid ticket purchased however not displayed”

The Penalty Notice states “Disputes pertaining to the aforementioned appeal process maybe referred to the ‘Parking on Private Land Appeal Service’ (POPLA); details of which will be supplied by the parking operator should an appeal be received in writing and subsequently rejected …”

The rejection didn’t come with a POPLA number so I asked Indigo for one and they didn’t reply. When I phoned to chase it they said that “the BPA has decided that Indigo appeals can’t go to POPLA any more, since September” so they won’t issue a number.

What are my options?

Thanks,
J
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Replies

  • edited 29 September 2017 at 10:54PM
    Coupon-madCoupon-mad
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    edited 29 September 2017 at 10:54PM
    The rejection didn’t come with a POPLA number so I asked Indigo for one and they didn’t reply. When I phoned to chase it they said that “the BPA has decided that Indigo appeals can’t go to POPLA any more, since September” so they won’t issue a number.
    Yet the PCN had an offer of POPLA on the back, presumably? So how do the BPA get away with that, if true?

    Email Steve Clark (BPA) and copy in David Dunford (DVLA) and ask what is going on with Indigo not issuing POPLA codes despite the PCN stating that it was issued on the basis that the recipient can appeal to POPLA.

    Ask them, is this true and is this just for the cases where they've called the charge a 'penalty' at railway station car parks, or have Indigo been allowed to get away with not offering POPLA per se, if so why and since when, and are Indigo still BPA AOS members, or what has gone on?

    And what ADR are the BPA requiring Indigo to supply then, since ADR is a requirement of consumer law?

    And on what basis are the DVLA still allowing Indigo to obtain keeper data under the KADOE if no POPLA is offered?

    [email protected]

    and

    [email protected]
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • That's the zzps bs train in operation.

    They frequently refuse to issue popla codes. A swift email to the CEO informing them once again of how corrupt their agent is could do the trick.
    Never forgetting that Gary Olsen head of the aforementioned bent zzps bus has a chair to park his rear on at the popla board.


    Crying out for decent body to oversee these sharks.

    Try the press also. Kadoe access is granted on the proviso of full compliance with the code of practice. An appeals body outside of the internal appeals procedure is compulsory.

    Consumer rights and all that.
  • Thanks for the replies. I also noticed this in the FAQ section of Indigo's website. Looks like they may have "changed the rules" after the ticket was issued.

    "The POPLA process does not apply in Scotland or to PN’s (Penalty Notices) received at a railway station car park."

    How can they get away with this? POPLA have suggested speaking to citizens advice.
  • waamowaamo Forumite
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    They don't have to offer POPLA for genuine penalty notices. That belongs in magistrates court as it is a byelaw offence. If it's been offered though it would be an abuse of process to remove that offer.

    Whether Indigo can instigate court proceedings though is another matter.
  • Coupon-madCoupon-mad
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    Thanks for the replies. I also noticed this in the FAQ section of Indigo's website. Looks like they may have "changed the rules" after the ticket was issued.

    "The POPLA process does not apply in Scotland or to PN’s (Penalty Notices) received at a railway station car park."

    How can they get away with this? POPLA have suggested speaking to citizens advice.

    You haven't answered me whether the PCN offered POPLA on the back of it?

    And please send that email to Steve C and David D. We are interested to hear all the answers to the specific questions, which need to come from a keeper like you.
    POPLA have suggested speaking to citizens advice.
    Don't bother, they are useless as regards law on private parking and pseudo byelaws charges that aren't really any such thing.

    If this is meant to be a byelaws penalty then it times out after 6 months, so string it out 6 months.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • You haven't answered me whether the PCN offered POPLA on the back of it?

    Yes. The Penalty Notice states the following in the "Appealing this notice section": “Disputes pertaining to the aforementioned appeal process maybe referred to the ‘Parking on Private Land Appeal Service’ (POPLA); details of which will be supplied by the parking operator should an appeal be received in writing and subsequently rejected in accordance with the land owners terms and condition of contract”.

    So Indigo have simply failed to do what they stated they would do on the Penalty Notice by not providing POPLA details with the appeal rejection. As I have emailed Indigo customer service to request the verification number (the email has been acknowIedged) I will await their written reply and go from there. Thanks,
  • aaj123aaj123 Forumite
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    I am going to appeal to Indigo tomorrow (Failure to display even though I have a season parking ticket) and no doubt the appeal will be rejected and I will be in the same situation (not offered a POPLA code). I should point out the Penalty notice I have received does say on the back:


    Disputes pertaining to the aforementioned appeals process maybe referred to the 'Parking on Private Land Appeal Service' (POPLA); details of which will be supplied by the parking operator should an appeal be received in writing and subsequently rejected in accordance with the land owners terms and conditions of contract


    So if Indigo do not follow the process mentioned in the Penalty Notice they have issued, is my best bet to just keep playing ping pong on this matter with their customer service until they give me a POPLA code or 6 months pass and the byelaw penalty times out?


    Is there any other advice there or does anyone think I should really pay up £60 without a fight?
  • pappa_golfpappa_golf Forumite
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    ping pong by second class , time out the 6 mths
    Save a Rachael

    buy a share in crapita
  • RedxRedx Forumite
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    +1 as above ^^^^^^^^^^^^^
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • jamiekitsonjamiekitson Forumite
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    @gilbertthecat Did anything ever come of this? I am in almost exactly the same position as you, we did pay for parking, I am trying to appeal to Indigo but they won't give me a POPLA code. Additionally unfortunately our ticket wasn't on our car when we returned so we didn't know we had a ticket until we got the letter through the post so Indigo are also claiming we missed the deadline to appeal:
    POPLA codes are not issued for Penalty Notices.

    As previously advised, the timeframe has passed to appeal and payment is required to resolve this matter.

    Please note, we will only respond to further correspondence if it solely relates to arranging payment for this notice.
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