Parking fines covered by railway bylaws

Curdy

Hi all, I wonder if any of you could provide advice or show me where to go to find it. After indigo refused my appeal on a parking ticket I tried to appeal to POPLA against a fine imposed by indigo at Sutton Railway station. POPLA informed me they no longer deal with appeals on car parks covered by railway bylaws. The BPA have confirmed this, saying the only option is to wait to see if it ends up at the magistrates court.

My case is that I tried to pay for the parking using the online app but it was not working. I have several screenshots of the error message taken over the course of several hours. I tried to phone but could not get through to pay. I also messaged them using the app as well. Is this enough to risk being taken to a magistrate court? Should I write to them telling them I will not pay with the reason why?

I only have the ticket and an email from indigo giving me the results of the appeal to them so far.

Any advice would be really welcome

Many thanks guys.

Ralph-y

Hi, and welcome to the forum ....

there is a multitude of information re 'railway bylaws'

if you do a forum search then you will find a long long lists of posts .... i suggest having a cuppa handy ...

Ralph:cool:

Umkomaas

Your first priority is to try to eke this out past the 6 month milestone - not that any TOC for a good few years has prosecuted, and in any case, why would they contract with a PPC if they were inclined to prosecute now. No point in having a dog and barking yourself.

You could play ‘letter tennis’ with Indigo by asking them a series of questions, but one at a time and space them out every couple of weeks. That will eat up some valuable time.

I would also write to David Dunford of the DVLA and ask him why, they having provided your details to Indigo, you are denied any access to Alternatve Dispute Resolution, because as Indigo can only pursue under contract law (they can’t under criminal law) your access to any form of dispute resolution is being denied. In other words, this is but a modern day version of a highway robbery.

david.dunford@dvla.gsi.gov.uk

Curdy

Hi, does anyone have the template I filled out when I appealed to indigo on their website? I can’t recall what information they asked for.

Coupon-mad

Doesn't matter, but they DO ask who was driving and unless you avoided that, by deliberately adding zeros into boxes, you've blabbed about the driver when appealing.

Doesn't matter, because this will time out within 6 months anyway, like all the other cases here re Indigo pretending to issue 'penalties' under railway byelaws but instead demanding some money themselves. They - Indigo - cannot take this to a Magistrates' court.

Curdy

Hi, thanks for the advice so far. I have now received the expected letter from zips asking for £170. Should I ignore or start an exchange of letters with them? Or should I be writing to indigo? What sort of info can I ask for from them to spin this out?

Fruitcake

Ignore debt collectors. The NEWBIES tells you why it is safe to do so.

Complain to the BPA and DVLA that Indigo have set debt collectors on you when this is still at the appeal stage in breach of the BPA CoP. The fact you have been denied access to ADR should feature prominently in your complaint.
It's not your fault you have been refused access to ADR, which is yours by right, and this is a cynical attempt by the scammers to try to extort money from you and bypass the requirements of the CoP.

Please add your case to WHICH Magazine using the link from post 1 of this thread. Again, emphasise the fact that you are being denied access to ADR, and the unregulated PPC is trying to con you by implying they have an authority to pursue you under railway byelaws that they do not have.

https://forums.moneysavingexpert.com/discussion/5765579

The_Deep

I would say, engage with the debt collectors, ask them the same questions you ask the PPC, They have no hope of getting a penny out of you, but having to deal with your letter will cost them money.

Should you, at a later stage, decide to claim against indigor, perhaps, for harassment, negligence, breach of DPA, a paper trail will stand you in good stead. Ignore is not always the best advice imo.

StaffsSW

The bye-laws state that the "owner" is liable - send a few letters asking for their definition of "owner" and drag it out past 6 months.

A number of my fleet is financed, therefore we do not have title of ownership to the vehicle. This will also apply to any private vehicles on finance or PCP deals that may well be registered to the driver, but not "owned" by them. Take a look at any V5 document and it clearly states on the front, in big letters. that "This document is not proof of ownership"

ZZPS are currently in a bit of a tizzy about this definition of ownership issue.

Curdy

Thanks for the advice. Do you have a link to a standard dvla complaint?

Umkomaas

Curdy wrote: »

Thanks for the advice. Do you have a link to a standard dvla complaint?

There isn’t one, but I’ve given you the points around which to base your own in post #3. Think about it, how could there possibly be a ‘standard complaint’?

In addition, a template complaint soon becomes accustomed to - and has absolutely zero impact. Knock one out of your own - from the heart!