Indigo/Train Station - Penalty Notice

G-Man10

Hi all,

I've read the newbie thread and I know it states that Indigo do not request driver information from the DVLA. I don't know if this is trustworthy because I've seen other threads in recent months stating they do.

Driver pulled into the train station car park. Priority Parking was on the right and there was a space a bit further up on the left hand side. Driver pulled in and parked. Train journey completed. Driver paid, they offer a park and go service so you can pay once you return to the car.

Driver returns to car, and guess what, yep, you guessed it, an Indigo Penalty Notice on windscreen. I think what they are trying to get driver on is parking in a premier parking section. Previously, you could always pay for premier parking on the day anyway (recently changed parking operator) but it was never enforced and actually just treated as part of the car-park with faded floor markings etc. The signage is extremely poor. The bay has a number, but there is nothing to suggest that side/section is premier parking. The opposite side yes, a bit before yes, but it's unclear that where the car was parked requires a permit or anything "premier". This will be double checked for signs, markings on floor in a few days.

Breach Code: 02- Failing to fully display a valid permit
A payment of £100 is due within 28 days or £60 within 14 days

What's the best course of action here? Do I wait as per the Indigo Railway PCN thread? Obviously driver paid, their signage is not clear. What do I do? There's one thing that I don't want to do though and that's end up paying more in the long term or be stressed out from debt collectors etc!

Any guidance would be great.

Thanks!

Johno100

Have a read of this post from another new poster that summarises the situation extremely well.

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.

https://forums.moneysavingexpert.com/discussion/5803499

G-Man10

Thanks. I've already bookmarked that.

I've just checked a couple of threads and I'm just a little confused. Having just copied the blue template letter from the newbie thread into a word document, do I ignore the windscreen ticket from Indigo completely and beyond their 28 days appeals process or do I lodge an appeal using the template close to the 28 days?

The_Deep

There are dozens of Indigo/railway land threads on here, read a dozen or so to understand the situation WRT byelaws claims.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor 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 lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

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 they will be out of business by Christmas.

G-Man10

Thanks again.

Sorry to repeat myself, but I have read a lot of the threads and there was mention of ignoring the initial windscreen ticket because Indigo can't request from DVLA but then I read they are getting information from DVLA.

Can you just confirm, do I ignore the initial windscreen penalty notice and wait for something through the post after the 28 days or do I appeal the initial notice using Indigo's online form?

waamo

Appeal before the deadline.

Johno100

G-Man10 wrote: »

Thanks. I've already bookmarked that.

I've just checked a couple of threads and I'm just a little confused. Having just copied the blue template letter from the newbie thread into a word document, do I ignore the windscreen ticket from Indigo completely and beyond their 28 days appeals process or do I lodge an appeal using the template close to the 28 days?

I'd personally wait till you get the Notice to Keeper (which they'll probably refer to as Notice to Owner) for two reasons. 1) You may well need to string this matter out for six months to time out any potential threat (however smalk) of Magistrates court action so an early appeal by you may not be in your interest. 2) As you may have gathered there is presently some uncertainty about Indigo and/or their agents ability to legitimately obtain your details as keeper from the DVLA. If that issue does come to a head then you may not even receive a subsequent notice or you may have grounds to take action re the misuse of your personal data under the Data Protection Act.

waamo

Ignore my previous post. Sorry speed reading, I thought an NTK had been issued. Wait and see if you get an NTK.

G-Man10

Thanks. I'll wait for and if the notice to keeper/owner arrives. I'll be leaving London towards early May for the summer but I'll have someone to open my post. I wonder if there is a time period that lapses when/if you don't receive an NTK where you are in the clear so to speak?

Anyway, thanks for your help. I'll sit tight, and no doubt be back to this thread to update in the future. Thanks!

nosferatu1001

If byelaws, they have 6 months to statrt a prosecution (that they wont start, as they get literally nothing from it)

Redx

6 months for the penalty notice aspect for the TOC to issue magistrate court proceedings (which wont happen)

6 years for a civil court claim if this were an ordinary private car park parking charge notice and not covered by bylaws

if you dont undersatand why it has this double aspect complication, please read a dozen other INDIGO railway station threads currently on the go on here (plenty of explanations about this complicated topic)