Indigo Appeal Rejection Railway

Coupon-mad

''we are here to help you resolve this penalty'' makes you want to throw up.

I bet some victims actually pick the phone up and think that ZZPS are going to listen...

Handbags-at-dawn

That's interesting. Complaints have been made to the DVLA and BPA about Indigo confusing motorists by mixing up contract law and Byelaws enforcement and refusing to clarify the legal basis for their tickets. On 24th January the DVLA said in an email: "Indigo Parking have advised that they are not and have not for a number of months been requesting data while they are investigating the matter"

When the untruth of this was reported to the DVLA, they came back on 7th Feb with: "As previously advised, Southeastern Trains have not been recovering parking penalties for some time. Indigo have made enquiries for other customers during this period." It was a rather unimpressive attempt to wriggle, obviously - but now it seems even this has been exposed as a lie. The Notice your company received and paid was dated 1st Feb. So Southeastern would have got your company's details (via Indigo) sometime between 13th December and 31st Jan.

It is also interesting that the penalty your company paid increased to £127; but the second one, for a similar "contravention" at a similar time, is for £170. Did you receive any correspondence re the 2nd one, prior to the letter you've shown?

Anyway, what to do? The usual advice is letter ping-pong until it times out. Several times recently Indigo have stated the ticket was for breach of contract yet they are pursuing the owner, not the driver. See eg here:https://forums.moneysavingexpert.com/discussion/5805822

So I suggest these could be some of your questions:-
1) Please clarify if the legal basis for the PPN is breach of contract or breach of the Railway Bylaws
2) Please state if you are holding the owner, keeper, or driver of the vehicle as liable for the penalty;
Then, later:
3) Please identify the Byelaw which states that failure to display a permit is an offence;
4) Please confirm that if the penalty is paid, neither the owner, keeper or driver will be prosecuted for the alleged offence. (Confirmation in writing from director level at Southeastern required)

bobthebuilder21

Thank you for the replies, I've noticed the above comments from myself are a tad confusing so I will try and clarify:

-I had a monthly parking ticket valid for the December '17 Period
- 13/12/17 - I supposidly receive a PCN for invalid display - no PCN on my car therefore didnt know.
- 20/12/17 - Got a PCN for invalid display which was affixed to my windscreen.
- Late December - Stupidly appealed the 20/12/17 ticket admitting to driving on the basis that I had a permit - appeal rejected.
- I then chose to ignore any future correspondance on the basis of the advice on the forum.
- Febuary '18 - Receive email from work saying theyd paid my parking ticket. I obviously [stupidly] assume this is for the 20/12/17 as I had no knowledge of one being issued on 13/12/17. Annoyed, but I obviously just move on.
- March '18 - First correspondance received for the appealed ticket on the 20/12/17 demanding £170, this isn when I double check and find out work paid for a PCN I didnt know existed! As its already been paid I cant check the photo to see if they attached a PCN in the first place.

Is it worth appealing to Indigo/Southeastern? As obviously if I had got the PCN on the 13/12/17 I would have correctly displayed my monthly ticket before I then got the PCN on 20/12/17! Especially as the earlier ticket has been paid 'out of good will'...

Sorry for the ramble, its a mess of a situation!

financerulez

bobthebuilder21 wrote: »

Thank you for the replies, I've noticed the above comments from myself are a tad confusing so I will try and clarify:

-I had a monthly parking ticket valid for the December '17 Period
- 13/12/17 - I supposidly receive a PCN for invalid display - no PCN on my car therefore didnt know.
- 20/12/17 - Got a PCN for invalid display which was affixed to my windscreen.
- Late December - Stupidly appealed the 20/12/17 ticket admitting to driving on the basis that I had a permit - appeal rejected.
- I then chose to ignore any future correspondance on the basis of the advice on the forum.
- Febuary '18 - Receive email from work saying theyd paid my parking ticket. I obviously [stupidly] assume this is for the 20/12/17 as I had no knowledge of one being issued on 13/12/17. Annoyed, but I obviously just move on.
- March '18 - First correspondance received for the appealed ticket on the 20/12/17 demanding £170, this isn when I double check and find out work paid for a PCN I didnt know existed! As its already been paid I cant check the photo to see if they attached a PCN in the first place.

Is it worth appealing to Indigo/Southeastern? As obviously if I had got the PCN on the 13/12/17 I would have correctly displayed my monthly ticket before I then got the PCN on 20/12/17! Especially as the earlier ticket has been paid 'out of good will'...

Sorry for the ramble, its a mess of a situation!

Slightly confused - have your work paid both the tickets then?

bobthebuilder21

Sorry. I tried to make it simpler but seem to have confused it more..!

The only ticket I knew about and appealed (from 20th) was the one that hasn't been paid and they are now chasing for.

The ticket my work paid was one they was never on my car and therefore didn't know existed.its this one that because its been paid I can't see their photos to see if the pcn was ever affixed.

Does the fact I've admitted to driving affect the chance of them coming after me for contractual breach or anything?

twhitehousescat

bobthebuilder21 wrote: »

Sorry. I tried to make it simpler but seem to have confused it more..!

The only ticket I knew about and appealed (from 20th) was the one that hasn't been paid and they are now chasing for.

The ticket my work paid was one they was never on my car and therefore didn't know existed.its this one that because its been paid I can't see their photos to see if the pcn was ever affixed.

Does the fact I've admitted to driving affect the chance of them coming after me for contractual breach or anything?

they have stated bylaws?

cant have there cake n eat it

just make VERY VERY sure that this set of thieving scumbags to not write to your firm , and they then pay it , IT HAS HAPPENED BEFORE , as soon as they twig a soft touch company

bobthebuilder21

They haven't stated bylaws on this claim though only the one my company paid? Hence the difference in language and lack of bylaws being mentioned has made me cautious.

twhitehousescat

bobthebuilder21 wrote: »

They haven't stated bylaws on this claim though only the one my company paid? Hence the difference in language and lack of bylaws being mentioned has made me cautious.

signage will over ride a skum letter from zzps , cant have it both ways

financerulez

Post (or repost for clarity) all the correspondence (redacted so you don't give identity) you've had from them with relation to the one that is still open and ongoing (i.e. the one that doesn't mention byelaws).