Indigo railway parking notice

Joe_whenjung

Hmmm, and this is interesting. From Bylaw 14 S25
Identification of authorised persons

An authorised person who is exercising any power conferred on him by any of
these Byelaws shall produce a form of identification when requested to do so
and such identification shall state the name of his employer and shall contain
a means of identifying the authorised person.

“authorised person” means:
(i) a person acting in the course of his duties who:
(a) is an employee or agent of an Operator, or
(b) any other person authorised by an Operator,

I think I know what my next letter to Indigo is going to be requesting.

Out of interest, where does the 6 month deadline under bylaws come from? I cant see it in there.

Coupon-mad

Joe_whenjung wrote: »

Out of interest, where does the 6 month deadline under bylaws come from? I cant see it in there.

https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2015/crim-proc-rules-2015-part-07.pdf

(5) Where an offence can be tried only in a magistrates’ court, then unless other legislation
otherwise provides—
(a) a prosecutor must serve an information on the court officer or present it to the court; or
(b) an authorised prosecutor must issue a written charge,
not more than 6 months after the offence alleged.

Glad you got your head around the fact that railway land is 'non-relevant land'.

Joe_whenjung

Sorry to repeat this questiuon - I think it got lost earlier in the thread.

Byelaw 14 (4)(i):
The owner of any motor vehicle, bicycle or other conveyance
used, left or placed in breach of Byelaw 14(1) to 14(3) may be
liable to pay a penalty as displayed in that area

As I read this, IF a Bylaw case gets to court, lack of Keeper liability would then no longer be a defense?

pappa_golf

IF , and thats a big if

indigo , , was that indigo Indigo Park Solutions UK Ltd (formerly Meteor Parking Ltd) or Indigo Park Services UK Ltd (formerly Vinci Park Services UK Ltd)

check the contract out carefully , you may find that a company that does not hold the contract with the train company ,is actually pestering you for money

Joe_whenjung

Papa, I believe that may well be the case. I am dealing with "Indigo Park Solutions UK Ltd". I dont know who holds the contract with the TOC. Surely that is a confidential commercial document, not one in private domain?

Umkomaas

Joe_whenjung wrote: »

Papa, I believe that may well be the case. I am dealing with "Indigo Park Solutions UK Ltd". I dont know who holds the contract with the TOC. Surely that is a confidential commercial document, not one in private domain?

It doesn’t stop you from asking Indigo for it. Why not, in parallel, ask the TOC for a copy of their agreement with Indigo (in whichever guise) or, if they can’t/not prepared to produce that, ask them to confirm exactly who (name of company) they have a contract with to manage the particular car park.

You have to take every opportunity to cleave this wide open to find any weak point.

Redx

and because railway land is NOT RELEVANT LAND , keeper liability does not apply unless a keeper admitted liability (becasue POFA2012 does not apply on land covered using bylaws)

the TOC should take the driver (if known) or the OWNER to magistrates court within 6 months , or it times out

yes its complicated , but INDIGO are using smoke and mirrors to dupe unwary motorists into paying a charge that they cannot deem to be valid

its been a problem for a long time and POFA2012 had no bearing or input , the BPA and DVLA and POPLA have all washed their hands of it becasue the potato is so hot

and INDIGO cannot pass the details they obtained to the TOC due to the DPA and also the KADOE contract with the dvla

the TOC could instigate proceeedings but if they won the penalty fee would go into the court coffers and neither the TOC nor INDIGO would get a penny

and as mentioned above, you look for every chink in their armour including the wrong name on any documents

after 6 months the TOC cannot use the bylaws (not they they will do so becasue we never see threads where it has progressed to a penalty charge being held in a MAGS court)

pappa_golf

Umkomaas wrote: »

It doesn’t stop you from asking Indigo for it. Why not, in parallel, ask the TOC for a copy of their agreement with Indigo (in whichever guise) or, if they can’t/not prepared to produce that, ask them to confirm exactly who (name of company) they have a contract with to manage the particular car park.

You have to take every opportunity to cleave this wide open to find any weak point.

however , the OP is not dealing with the TOC at this point and indigo in whatever guise cannot hand data to the TOC

there was a FOI with the correct answer however I cannot locate it at the moment

Umkomaas

after 6 months the TOC cannot use the bylaws (not they they will do so becasue we never see threads where it has progressed to a penalty charge being held in a MAGS court)

Nor will they. They’ve contracted with a private parking company to do any of their dirty work (like the BPA and DVLA, the TOC themselves have done a Pontius Pilate on this, as too hot to handle). Why have a dog and bark yourself springs instantly to mind!

Umkomaas

there was a FOI with the correct answer however I cannot locate it at the moment

This one, PG?

https://www.whatdotheyknow.com/request/discussions_with_british_parking_2#outgoing-666106