Indigo penalty notice train station

ed_wood

Hi All,
My Mum received a penalty notice today whilst parked in Crawley Train station. Quite simply she couldn't buy a ticket because none of the ticket machines would accept her money and she doesn't own a mobile to pay on the phone. She left a note on her windscreen saying she was unable to buy a ticket as the machines weren't working. I think she honestly thought the scum who give these notices out would have an ounce of compassion and empathy and not ticket her!
Anyhow, first question. Does the fact she left this note muddy the waters in anyway? I'm wondering if this could be seen as an admission of guilt?
Secondly I'm aware that the whole byelaw issue comes into it as it was a train station. I have read through the lewes indigo thread and will use this letter as my template for the Popla appeal. Due to the Byelaws/train station issue do I stick with the standard first appeal template for BPA members as found on the newbies page or attempt anything different?
Cheers, Ed

Redx

forget what the drivers actions were, wait for the NTK then use the BPA template , appealing as keeper

bearing in mind they wont offer popla any longer, see this

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

ed_wood

Thanks Redx.
So, use the BPA template when the NTK comes (I assume I don't bother if one is never received?) and then forget about it.
No POPLA appeal and I assume "escalating to a manager" would be futile so would it be a case of sitting back and waiting to see whether she gets a summons to a magistarates court?

Redx

yes, except they have no idea who was driving

the MAGS COURT times out after 6 months

ed_wood

Redx wrote: »

yes, except they have no idea who was driving

the MAGS COURT times out after 6 months

OK, excellent. I'll update if anything happens.
I know my Mum will panic about this (don't worry I wont let her pay), just so I can re-assure her, is the worst case scenario that it goes to court, I lose and pay the £100 penalty?

Redx

no idea about MAGS court because it never happens !!!

I doubt that the TOC even know about it let alone have any system to enforce the bylaws

pappa_golf

ed_wood wrote: »

OK, excellent. I'll update if anything happens.
I know my Mum will panic about this (don't worry I wont let her pay), just so I can re-assure her, is the worst case scenario that it goes to court, I lose and pay the £100 penalty?

NO , because the TOC did not ask for £100

ed_wood

Never received a NTK but received an "overdue penalty notice to owner" today. Lots of talk of Byelaw 14 and threats to clamp in future.
Do I still use the BPA template at this point or something different?
Thanks Ed.

P.S The BPA template is this one right......

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 charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Umkomaas

If that’s the first postal communication, then treat it as the NtK. Reply with the template as you’ve shown above.

You know that Indigo have some kind of agreement with the BPA not to issue POPLA codes for railway parking tickets. So I’d add a few lines to the appeal specifically requiring a POPLA code in the event of a rejection - such as:

Please note that in the event of you refusing to uphold this appeal, I require a POPLA verification code to enable me to access Alternative Dispute Resolution for an independent adjudication of my case - as is my legal right.

Should you refuse to provide me access to POPLA via this code, I will require reasons why you are denying me my legal right. Be aware that I will raise your refusal with the DVLA, the DCLG, the DfT and my local MP.

The_Deep

I know my Mum will panic

There are so many reasons why she has no reason to panic

only the TOC can take your Mum to court if the driver is unknown

They need to know driver or owner

Your mum will not tell them

It times out in 6 months

Fines go to HMG not TOC

TOCs rarely take people to court, only for serious stukk like trespassing on the line, forging a season ticket, vandalising railway property, etc. Indigo tickets are not worth the bother.

Coupon-mad

ed_wood wrote: »

Never received a NTK but received an "overdue penalty notice to owner" today. Lots of talk of Byelaw 14 and threats to clamp in future.
Do I still use the BPA template at this point or something different?
Thanks Ed.

P.S The BPA template is this one right......

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 charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

You won't be able to fit all that in to Indigo's 'appeals page' as we've been told by posters that the box is small, so I forget the template and go with Umkomaas' words mainly:

The driver informs me that the machines were all out of order. The driver carries no phone and will not be identified, but any contract was void for impossibility and/or frustrated.

Please note that in the event of you refusing to uphold this appeal, I require a POPLA verification code to enable me to access Alternative Dispute Resolution for an independent adjudication of my case - as is my legal right. Should you refuse to provide me access to POPLA via this code, I will require reasons why you are denying me my legal right. Be aware that I will raise your refusal with the DVLA, the DCLG, the DfT and my local MP.

And please see the other Indigo railway threads about how to fill in the boxes asking who was driving (obviously you don't put her name).