IMPORTANT REMINDER: Please make sure your posts do not contain any personally identifiable information. If you are uploading images, please take extra care that you have redacted all personal information.
Indigo Railway PCN - clarifying the process

1 Post
Ok, really truly I have read the Newbie thread and lots of recent threads on Indigo Railway tickets and the Railway Byelaw. I'm just trying to get the process and expectations clear in my head and for anyone else questioning an Indigo Railway PCN as of Feb 2018.
I got a window ticket from Indigo for 'Obstruction' in a railway car park earlier this week. My car was parked at the end of a row of cars but not in a dedicated parking bay. You could have got a bus in between my car and any others. I wasn't blocking any entrance/exit/cars in/walkways etc but whatever, it's their opinion vs mine and no doubt anyone not in a parking bay is fair game to them. For info, I haven't responded at all yet and I am not the registered keeper (that's my husband).
So I gather:
First off, I should ignore the PCN and wait for the NtK.
In the Newbie thread it says Indigo aren't getting details from DVLA any more, but then in another couple of threads it says they are...
So assuming they do get registered keeper's details from DVLA and send a NtK, then I respond (in the keeper's name) with the standard BPA appeal template and refuse to name the driver.
My appeal will no doubt be refused at which point Indigo won't issue me a POPLA code as BPA says they're no longer letting them use this process because of the Railway Byelaws issue.
If I don't reply/pay up the next step will be getting letters from ZZPS which I can ignore or reply to, to string it out. Next stage will be getting letters from QDR Solicitors threatening to take me to court. Again I can reply/ignore to string it out and wait for the flood of threatening letters but once 6 months has passed from when the ticket is issued there can be no further action in Magistrates.
And theoretically they could never take me to Magistrates anyway if they don't know who the driver was? Only the TOC can do that, and they have no incentive as any fines collected go to the Govt.
Is that all correct? I'm not really interested in arguing technical points with them or complaining to my MP, Trading Standards or the ICO. I just want minimal involvement but will respond to letters keep things stringing along if needed.
Finally, thank you all very much, you're doing a great job in providing all this info so regularly and in your own time - well done, it's absolutely invaluable. :beer:
I got a window ticket from Indigo for 'Obstruction' in a railway car park earlier this week. My car was parked at the end of a row of cars but not in a dedicated parking bay. You could have got a bus in between my car and any others. I wasn't blocking any entrance/exit/cars in/walkways etc but whatever, it's their opinion vs mine and no doubt anyone not in a parking bay is fair game to them. For info, I haven't responded at all yet and I am not the registered keeper (that's my husband).
So I gather:
First off, I should ignore the PCN and wait for the NtK.
In the Newbie thread it says Indigo aren't getting details from DVLA any more, but then in another couple of threads it says they are...
So assuming they do get registered keeper's details from DVLA and send a NtK, then I respond (in the keeper's name) with the standard BPA appeal template and refuse to name the driver.
My appeal will no doubt be refused at which point Indigo won't issue me a POPLA code as BPA says they're no longer letting them use this process because of the Railway Byelaws issue.
If I don't reply/pay up the next step will be getting letters from ZZPS which I can ignore or reply to, to string it out. Next stage will be getting letters from QDR Solicitors threatening to take me to court. Again I can reply/ignore to string it out and wait for the flood of threatening letters but once 6 months has passed from when the ticket is issued there can be no further action in Magistrates.
And theoretically they could never take me to Magistrates anyway if they don't know who the driver was? Only the TOC can do that, and they have no incentive as any fines collected go to the Govt.
Is that all correct? I'm not really interested in arguing technical points with them or complaining to my MP, Trading Standards or the ICO. I just want minimal involvement but will respond to letters keep things stringing along if needed.
Finally, thank you all very much, you're doing a great job in providing all this info so regularly and in your own time - well done, it's absolutely invaluable. :beer:
0
This discussion has been closed.
Latest MSE News and Guides
Replies
Can I nominate this as the best ever first post by a Newbie?
I agree @waamo - great understanding and great first post @stationcarparkticket2018. You really should come and join us.
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
A perfect summary from a good researcher, a woman after my own heart. Stick around!
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
(Sorry for food analogy, just caught up on last nights Masterchef and I'm now starving:D)
The vehicle was parked................................
The VEHICLE was not causing..............................
The DRIVER did...........................
you should edit post #1 as if talking about a story that you heard , or you saw, but never about what anyone DID except the DRIVER and the KEEPER
well done for grasping the whole concept of the [email protected]
so yes if an NTK arrives to the keeper, the keeper appeals it with the template
then its IGNORE anything else except a formal LBC, and/or an MCOL , within 6 years
we will assume for now that the TOC is not going to issue a penalty under the bylaws and NOT take anyone at all to a magistrates court (we havent seen that happen yet and I doubt that it will ever happen)
To clarify they are getting details from DVLA as i received a NtK dated 31st Jan 2018
I ignored it as i was away for work an have opened on the same day a ZZPS dated 1st march 2018
My ticket was issued 20th October 2017 for being outside a marked bay.
I was on a station side road (at the side of the station not in the car park, in a bay i was slightly out due to the car in front) There's no signage how to pay a ticket, or about the bays.
I did pay as marked bays i assumed the car park was under the same company.
I believe i'm too late to appeal the NtK, 6 weeks from the 6 Months ill carry on ignoring.
in your case , it may NOT be a bylaw case , perhaps you should start a new thread
Parking Eye, CP, Smart,and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.
The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.
http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.