Indigo (railway bylaws) suggested new thoughts

pappa_golf

as most know , railway carparks (indigo) there is a huge problem , POPLa will not get involved anymore

this snippet was posted on Pepipoo

from the DVLA

""Indigo Parking have advised that they are not and have not for a number of months been requesting data whilst they are investigating this matter" .


normally a person is advised to wait as close to day 28 before firing off an appeal , the idea being that if they forget to contact DVLA/send you a NTK , then they have failed at POFa


POFa does not apply on railway land , and the above statement from the DVLA saying they are not gaining info from them on this type of case means you will not be contacted !!

Fruitcake

As you know, I don't believe the scammers and need convincing of the truth. It would be useful therefore to know if anyone gets a PCN now, or has had one from a recent alleged event in the last few months.
A data access request to the DVLA would then be needed to test this "truth."

I'm also interested on who should be contacted if a PPC does not offer ADR. We know the usual suspects are useless. (BPA, DVLA)

pappa_golf

I'm also interested on who should be contacted if a PPC does not offer ADR. We know the usual suspects are useless. (BPA, DVLA)

discussed at lengh

the BPA answer : (stop laughing!)

Thank you for your email.

I can see that in this instance, the charge was issued for a breach of the advertised terms and conditions by on privately owned Railway land. Charges issued on Railway land are referred to as Penalty Charge Notices because they will have been issued under railway Byelaws as well. Whilst I am sorry to learn if you were unhappy with the outcome of the appeal, it is not something I can address. The BPA has no authority to intervene in the appeals process.

As the charge has been issued on railway land, then please be be advised that the BPA has temporarily removed the requirement for our members to provide a POPLA verification Code when an appeal is rejected. This is due to complaints being made that POPLA are not able to oversee appeals made where railway Byelaws are concerned. Until a solution is found, if a motorist remains unhappy following an appeal’s rejection, they can appeal further via a Magistrates Court; our Code from which you have quoted does not reflect this at the moment as the decision is temporary. Unfortunately, as we cannot advise you how long the requirement will remain lifted, you will now need to use the Magistrate’s Court to appeal further.

The British Parking Association (BPA) has campaigned at length for clarity on the clauses in Railway Byelaws pertaining to parking to be improved, and the Government committed at a meeting in January to provide clarification but due to various circumstances, some beyond their control, this has not been forthcoming. In the meantime we will continue to work with Government to achieve a resolution to Railway Byelaws Clauses.

Please also be aware that when a charge remains unpaid, then in due course it will be escalated to debt recovery. This is standard procedure. The cost of the charge can increase as the debt collection agency add on their costs. With that in mind, I would suggest that you now either pay the charges, or seek legal advice to contest it via Magistrates court.

I hope this information is of use.


as for the DVLA , well recently several people have been asked to write to them , and as well as asking the usual "please tell me who accessed my data" , have added by WHAT METHOD

maybe the replies will come back as indigo/counsil , indigo/hospital or basic requests where a parking offence has been committed

then the DVLA can be questioned , as tho WHY ?

Handbags-at-dawn

There are NTKs here and on Pepipoo going up to early November, none since. If Indigo lied to the DVLA then surely the DVLA would have to do something? Or.... no, OK, maybe not.

There's also a possibility the TOCs might go back to the way things were 2 years ago, when Indigo (then called Meteor) used to pass unpaid tickets on to Debt Recovery and Prosection Services (actually just another trading name for Southeastern). It was DRPS who made the requests to the DVLA, manually, usually about 3 months after the event They have never offered POPLA.

Looks like we'll have to wait and see what happens.

pappa_golf

but then indigo are out of it with no income , I suspect in many cases indigo are offering the TOC a free service or even paying "fishing" rights

pappa_golf

and lets not forget , in many cases , not displaying a ticket is not a charge that Debt Recovery and Prosection Services can bring under bylaws

Umkomaas

you will now need to use the Magistrate’s Court to appeal further.

They should be challenged on that nonsense. You don’t appeal at the Mags, that’s where you get prosecuted and there’s no access for a defendant to bring his/her own case to appeal in front of a Mag.

How do they work that one out?

pappa_golf

we are still laughing at that BPA letter

scamdodger

Handbags-at-dawn wrote: »

There are NTKs here and on Pepipoo going up to early November, none since. If Indigo lied to the DVLA then surely the DVLA would have to do something? Or.... no, OK, maybe not.

There's also a possibility the TOCs might go back to the way things were 2 years ago, when Indigo (then called Meteor) used to pass unpaid tickets on to Debt Recovery and Prosection Services (actually just another trading name for Southeastern). It was DRPS who made the requests to the DVLA, manually, usually about 3 months after the event They have never offered POPLA.

Looks like we'll have to wait and see what happens.

FYI, I have a friend who was sent [FONT=&quot]a PCN from Indigo; Date of offence: November 25. Appeal rejection November 30.[/FONT]

Coupon-mad

OK I have update the NEWBIES Q&A to suggest people do not appeal an Indigo windscreen PCN, if it claims to be a 'penalty' issued on railway land. Wait for the NTK, if it comes at all.

Handbags-at-dawn

scamdodger wrote: »

FYI, I have a friend who was sent [FONT=&quot]a PCN from Indigo; Date of offence: November 25. Appeal rejection November 30.[/FONT]

Indigo usually hand out windscreen penalty notices at station car parks. Was this a non-railway ANPR ticket, possibly issued by Indigo Park Solution Ltd's big sister Indigo Park Services Ltd?