Indigo Station Parking 'Fine'

Norries

I have read and re read the Newbies post,

I am still unsure of the action and what defence I would have.

I also foolishly appealed on the indigo site probably giving away the driver, before googling about these scum bags, after not even considering my second appeal and removing my 14days lower rate payment option.

Background info.
I received a ticket in a station carpark, the ticket machine wasn't working properly so I used the text to pay as I got on the train, costs more. (but work pay for it)
Then I find the text to fail to send repeatedly (have used many times before) and figure it was a problem their end as the machine was down as well (I foolishly have no evidence of this). I had meant to try and call the help line but as I was at work I didn't manage to.
So usual story I get hit with a fine on my window when I get back to my vehicle.

Points I would like to clear up..
Is the payment to Indigo a 'fine' or 'invoice' ?
Is it likely I will be taken to court with in the 6months over a single fine?
Is there any ground in court for the case to be thrown out if they cannot prove their machines/text system was not to blame in my failed attempted to pay?





This is the reply I get from my second appeal, which was cancelled with out my knowledge and removed my right to the discounted rate....

Dear Customer,

Please find enclosed the outcome of your appeal you have reached the end of our internal appeals process and as such we will not be considering your second appeal.

As per an announcement from the British Parking Association on 20th September 2017, it is no longer a requirement for Indigo to offer an independent appeal via POPLA. This is following a review of the clarity of the Clauses in Railway Byelaws by the BPA and the Government. If motorists remain unhappy following this appeal rejection, the final decision can be made at a Magistrates Court.


Kind Regards,

A. Andrews
Customer Support Advisor
– – – – – – –
PO BOX 2466, Watford, Hertfordshire, WD18 1XH
Tel: 0330 123 5 247
customersupport.uk@group-indigo.com

waamo

The long and short of it is ignore them from now on.

This post explains it all clearly https://forums.moneysavingexpert.com/discussion/5803499

twhitehousescat

Norries wrote: »

I have read and re read the Newbies post,

I am still unsure of the action and what defence I would have.

I also foolishly appealed on the indigo site probably giving away the driver, before googling about these scum bags, after not even considering my second appeal and removing my 14days lower rate payment option.

Background info.
I received a ticket in a station carpark, the ticket machine wasn't working properly so I used the text to pay as I got on the train, costs more. (but work pay for it)
Then I find the text to fail to send repeatedly (have used many times before) and figure it was a problem their end as the machine was down as well (I foolishly have no evidence of this). I had meant to try and call the help line but as I was at work I didn't manage to.
So usual story I get hit with a fine on my window when I get back to my vehicle.

Points I would like to clear up..
Is the payment to Indigo a 'fine' or 'invoice' ?
Is it likely I will be taken to court with in the 6months over a single fine?
Is there any ground in court for the case to be thrown out if they cannot prove their machines/text system was not to blame in my failed attempted to pay?





This is the reply I get from my second appeal, which was cancelled with out my knowledge and removed my right to the discounted rate....

Dear Customer,

Please find enclosed the outcome of your appeal you have reached the end of our internal appeals process and as such we will not be considering your second appeal.

As per an announcement from the British Parking Association on 20th September 2017, it is no longer a requirement for Indigo to offer an independent appeal via POPLA. This is following a review of the clarity of the Clauses in Railway Byelaws by the BPA and the Government. If motorists remain unhappy following this appeal rejection, the final decision can be made at a Magistrates Court.


Kind Regards,

A. Andrews
Customer Support Advisor
– – – – – – –
PO BOX 2466, Watford, Hertfordshire, WD18 1XH
Tel: 0330 123 5 247
customersupport.uk@group-indigo.com

thats nice of then to say that

1: indigo cannot bring charges in a magistrates court for a bylaw offence


2: indigo cannot pass your info to a non member of BPA/IAS


sit back and collect toilet paper , they have CLEARLY stated no POPLa as its BYLAWS , so cannot swop /change at a later day


count the 6 mths off

Umkomaas

If motorists remain unhappy following this appeal rejection, the final decision can be made at a Magistrates Court.

I'd be inclined to write back and ask them how this can be arranged. I'd love to see their response.

twhitehousescat

looks like indigo have now pinned themselves into a corner , and hoping that many 1000s will simply pay up


we need someone to hire those big display vans and park up near railway stations , and explain to people , in fact i nominate that the BPA pay for signs on the tube system

actually we need to complain to the ASA

indigo are threatening what they are not allowed to threaten , false adve3rtizing !!!

Johno100

twhitehousescat wrote: »

indigo are threatening what they are not allowed to threaten , false adve3rtizing !!!

And I'd suggest a clear breach of the BPA's Code of Practice.

14 Misrepresentation of authority

14.1 You must give clear information to the public about what parking activities are allowed and what is unauthorised. You must not misrepresent to the public that your parking control and enforcement work is carried out under the statutory powers of the police or any other public authority. You will be breaching the Code if you suggest to the public that you are providing parking enforcement under statutory authority.

14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as 'fine', 'penalty' or 'penalty charge notice'.

Coupon-mad

removed my right to the discounted rate....

That's good then. We wouldn't want you paying anything. The MSE discounted rate is 100% free.

twhitehousescat

Johno100 wrote: »

And I'd suggest a clear breach of the BPA's Code of Practice.

do you want to tell the BPA , or have I to do it?

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

Parking Eye, 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.

fisherjim

Norries wrote: »

This is following a review of the clarity of the Clauses in Railway Byelaws by the BPA and the Government.

Really, did I miss that one in the House of Commons debate?

Coupon-mad

I think the Dept for Transport has indicated some changes to the BPA, could be wrong. Can't recall where I read it but AIUI, the BPA has lobbied Government trying to get some sort of change so that byelaws land can have private charges.

Honestly if I did that for a living, lobbied for the private parking industry, I would be deeply ashamed.