Indigo railway parking notice

Joe_whenjung

Hi all,

First time poster, and after reading many threads I could do with some guidance (or help in finding the right thread as Im sure this has been answered somewhere already).

The driver has received a Penalty Notice from Indigo for parking in Grange Park station. They did have a valid ticket which has time of purchase and the car registration on it. Unfortunately it had fallen out of sight.

Should I appeal immediately and ask for clemency? Your guidance would be much appreciated.
Thanks,
Joe

Coupon-mad

Please read the NEWBIES thread for the appeal to submit online.

DO NOT fill in the driver's name and address, put crosses or 'driver does not have to be named'. Obviously you have to put your details in as appellant/keeper, just NOT ''driver''.

Redx

no , no clemency because only the driver would do that, you should appeal as keeper using the blue text appeal, then take it to popla , like this one did

https://forums.moneysavingexpert.com/discussion/5698961

do not admit who was driving , nor who the owner is

stay as KEEPER, because bylaws apply

read enough INDIGO RAILWAY threads to know why we tell you this

Joe_whenjung

Great, thanks both. I have read the threads mentioned along with many others but I will go back through those ones in more detail now I know they have the key bits of info.

Joe_whenjung

Hi guys,

Having read through the relevant threads, and a number relating to Indigo, I think Ive got at least a basic understanding of the game here. I do have a question about an initial appeal.

If I appeal as the KEEPER, what grounds could I put? The DRIVER could appeal on the basis that a parking ticket had been paid for, but fallen in the foot well. As keeper, I don't believe I have any other reason to appeal (signage is clear etc).

KeithP

Re-read post #3 by Redx above.

So send the blue appeal as the keeper, no need to add anything, and read the linked thread that Redx kindly supplied.

Redx

Joe_whenjung wrote: »

HAs keeper, I don't believe I have any other reason to appeal (signage is clear etc).

as KEEPER , you are the wrong person to be chased because they should chase the driver (who is not known)

as POFA2012 does not apply , then as keeper you should not have received any pcn - THAT IS YOUR NUMBER ONE APPEAL POINT

ie:- nowt to do with me so FRO !!

the other legal points should be added but the fact is that bylaws apply to the driver and as keeper you are not subject to said bylaws

so FRO and chase the driver who shall not be named !!!

if the TOC wish to enforce against the driver they have 6 months to take the driver to the magistrates court , where the driver can put forward their evidence to the magistrates

capiche ?

Joe_whenjung

Hi guys,

i would appreciate some advice on my appeal to Indigo. Im on day 27 so left it as late as possible to make my online appeal. When attempting to input my appeal information, the number of characters I can input is limited. So I cannot use the ful blue text appeal. I can only get as far as:

"Re: PCN No. []

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the char"

The only thing I can think of to get around this is to put it into a word .doc and submit that with the full wording.

What do you think?

Coupon-mad

Just change it all then, none of it matters as long as the driver is not named (SO DO NOT FILL IN THE DRIVER'S NAME ONLINE)!

Obviously, if you must fill fields in, just put 'I do not have to name the driver' in the driver details box.

This appeal would do, because you are not going to be offered POPLA nowadays for this one:

I am the registered keeper. The driver will not be named. Show me your evidence that any railway byelaw was contravened, and explain the basis upon which you will rely in any contract law claim, to justify a document that you call a 'penalty'. Also in your reply please supply the applicable byelaws.

Joe_whenjung

Thanks Coupon-mad.

Is it also worth adding "In order to resolve the dispute I attach copy of the drivers valid parking ticket from that day"?

Also, is there a good thread that explains why they wont issue a POPLA for this?

Coupon-mad

This one:

https://forums.moneysavingexpert.com/discussion/5718256

If I were you I would STILL complain to the BPA and DVLA and to your MP about this farce, while waiting for the scam 'penalty' to time out (6 months for a real byelaws penalty).