Indigo Station Car Park Fine

GTS4

I have an annual season ticket for my local station car park which was purchased at the end of May 2017. On 2 October 2017 I received PCN for the folloiwng alleged reason: "failure display a valid ticket or voucher". Unfortunately my annual ticket had fallen into the footwell of the car and so technically the allegation is correct. However, when I bought the ticket over the phone at the end of May it was to take Indigo about three days to send it to me. I asked if during that period there was any risk I might be ticketed for failing to disply the annual ticket and the reply was that because my vehicle was logged on their system that would not happen...and it didnt.


If my vehicle was logged on their system then it should still be logged on the system and so the parking warden must have been able to determine the ticket had been paid for. However, remarkably the rejection also confirms the attendant was unable to locate a valid payment. There is nno difficulty in proving that payment was made in the form of a credit card statement.


I have appealed and Indigo have rejected the appeal on the grounds I have breached their T&Cs. If that is the case then I fail to see what loss they have suffered given I have prepaid the parking fee.


The appeal rejection does not include a POPLA reference and having phoned Indigo they are refusing to give me one. I have contacted the BPA who say the POPLA procedure is not available for station car parks and have referred me to the Traffic Penalty Tribunal who have been very helpful but cannot deal with the matter either saying I will have to go to court which I am prepared to do if necessary.


I am nopt sure that Indigo is right to refuse me a POPLA reference, if they are then it sems there is no independent appeals process that I can submit to.


Any help/advice would be very much apprecaited, thanks.

Billco_2

I didn't think they were allowed to refuse to give you a POPLA reference.

Copied this off the newbies thread. But i'm not sure what else you are supposed to do with it.

DVLA:
Complain every time to the DVLA if your PPC are faffing around not sending you a POPLA or IAS code even if you appealed in time, or have breached the Code of Practice.

Point out that any breach of the Code of Practice the PPC is signed up to, breaches the KADOE contract to get DVLA data. State that the matter has been escalated to the CCR team because you have no confidence in the data release team to take such a complaint seriously as it's in the public domain that they have dismissed these issues far too many times recently without so much as even supplying a copy of the DVLA complaints procedure leaflet. State that if your complaint is not resolved properly your intention would be to involve your MP and refer the issue to the Parliamentary and Health Service Ombudsman:

https://forums.moneysavingexpert.com/discussion/comment/65678397#Comment_65678397

email - ccrt@dvla.gsi.gov.uk

Customer Complaint Resolution Team
D16W
DVLA
Swansea
SA6 7JL

pappa_golf

the BPA are faffing about over railway land as it comes under bylaws , the Traffic Penalty Tribunal can do nothing , actually indigo cannot do a lot either , its down to the train operator to bring a charge in the magistrates court , 2 things worth mentioning

1: the train company only have 6 mths to do this

2: failing to display permit is NOT a bylaw offence , despite the indigo writing on the signage

they (indigo) will huff n puff , send threatening red letter , kidnap your cat , but they CANNOT do anything

Castle

Are Indigo calling it a "Penalty"?

The_Deep

If they are, report the matter in writing to your local Trading Standards Officer.

GTS4

Thanks for the responses to date. It is being called a "Penalty Notice"
Cheers

waamo

I have appealed and Indigo have rejected the appeal on the grounds I have breached their T&Cs.

Is that the actual wording and does it mention breach of byelaws?

GTS4

The allegation is "On the date above, the driver parked the vehicle in breach of the Terms and Conditions of Parking which are displayed at the car park". It does not mention any breach of byelaws.
Thanks

waamo

I would complain to the DVLA that this is not a byelaws ticket and your right to appeal is being hampered.

If they are claiming a breach of t&c's then that is clearly a contractual matter. They can't suddenly decide at a later date that it is a byelaws matter.

I would also contact Trading Standards as Mr Deep stated earlier.

GTS4

Thanks for the help..it looks as though I have an evening of letter writing to do!

pappa_golf

this is a true cockup , indigo have no right to issue penalty notices , the TOC can but not indigo ,

there is NO offence under bylaws as fail to display

indigo nice signage is compliant with BPA , BPA do not get involved in bylaws

total cockup ,