Approach Dilemma, Indigo Penalty x 2

mirrormermaid

I have received TWO Penalty Notice tickets from Indigo; one in Dec and one in Jan. Issued under the same circumstances, in the same car park - just different dates.
Both quote Byelaw 14 etc. Having done the research on here, I understand what the best approach is (letter ping pong til 6 months over etc) but I have a dilemma....
It transpires that I have proof that the Jan ticket was unfair (i.e. I can prove Driver bought a ticket). The Dec one is more tricky. I have not identified the driver for either tickets and am wondering if I should now appeal the Jan one (although I have, no doubt, missed the official deadline for appealing). Interestingly, the Notice to Owner letter for the Dec Penalty included a section on how to Appeal...but this section was omitted in the (very similar) Notice to Owner letter for the Jan Penalty!
Also, as an aside, I contacted the DVLA with a data request and they responded...but the info they provided was for a completely different reg to my own! Slightly worrying...!!
So - to summarise - my dilemma is do I officially appeal the Jan ticket (in light of my having found evidence that the Driver paid) or just deal with it in same way as Dec ticket? (not naming driver, letter ping pong etc) with the assumption that if it did ever reach the Magistrate's court (I know-hugely unlikely!) the evidence would come into play then? Thanks in advance for any advice.

financerulez

You can appeal using template, but don't worry about their dates or anything like that. They'll be rejecting the appeal either way, and no POPLA for byelaw cases. Your appeal is effectively you just playing letter ping pong anyway, and you rightly say your goal is to get it past 6 months.

In your correspondence make sure you emphasise you are Reg Keeper. That is different to Owner, despite them calling it a Notice to Owner. You could include a sentence such as ' there will be no admissions as to who was driving the vehicle nor who owns the vehicle, and no assumptions can be drawn.'

Think of the proof you have as a guaranteed win for the extremely unlikely scenario where they actually do progress it. You can tell them you have the proof, but don't imply you were driving, if you were (don't confirm).

Send an angry reply to the DVLA and get them to give you the data for your vehicle.

You can appeal with the ticket for the Jan one, but a) they'll still likely reject it, and b) do not reveal who was driving. (You can say the driver has made me aware of this ticket blah blah.)

Fruitcake

Edit your post to remove the information about who bought a ticket.

The Driver bought a ticket.

Appeal the second PCN. Attach a copy of the ticket paid for by The Driver. Thus starts the ping-pong.

Query everything you can.

If you have an NTO, but are the keeper not owner, you can tell Indigo to contact The Owner in future, not you as The Keeper is not liable in Byelaw cases.
...You get the idea. Nitpick everything at about two week intervals.

If/when they refuse PoPLA, demand access to an independent appeals process as is your right in accordance with the Alternative Dispute Resolution Act 2015.
If you don't get PoPLA, complain to the BPA and DVLA as above. Insist that it is your right!

Complain to the DVLA that they have not provided the information you have requested.

Complain to your MP as well.

These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for alleged breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another 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.

Hospital car parks and residential complex tickets have been especially mentioned.

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.

KeithP

Mirrormermaid, we now have three threads about your Indigo saga.

Why is that?

Umkomaas

KeithP wrote: »

Mirrormermaid, we now have three threads about your Indigo saga.

Why is that?

Do the others have paragraphs in them? If so I'll go and read those!

mirrormermaid

KeithP wrote: »

Mirrormermaid, we now have three threads about your Indigo saga.

Why is that?

My thinking was that it was ok, because each post has been about a stand-alone query (so could help individuals searching for specific issues) - apologies if that's not the way it's done?
Also, if adding to existing threads, will the post be seen by as many people? Appreciate any advice

Coupon-mad

Please stick to one thread on this sub-forum, for the entire case. It helps us to help you.

When you hit 'reply' did you notice, your thread goes to the top again, seen by the same people.

mirrormermaid

Ah, ok-understood. Thanks