PCN from Indigo for Parking in Electric Bay

Unknown85

Hello, advice required please. I've read the newbie posts and am still confused with the below situation a driver is in.

Circumstances:
The driver parked in a railway car park managed by Indigo. The driver parked in one of 2 electric bays not seeing any restrictions or signs on the spaces. The driver paid for parking using an app. Upon retiring to the vehicle, the was a PCN attached to the vehicle for "Parked in an unauthorised area". Perplexed they looked further a field and noticed an A3 signed on the exit post saying words to the effect 'no parking in the electric bays before 09:00 by non-eclectic vehicles'. The PCN issued 21 minutes before this time and the vehicle parked from about 8:15.

Apart from the sign by the exit, which wasn't seen by the driver when laving the car park, there were NO signs attached to the fencing immediately in front of the 2-bays, which any driver would reasonable have seen driving into, or reversing into the space. It seems that it has been placed there to catch people out.

There seems to be no excuses why the sign couldn't have been placed there for the driver, or any future driver to see. Further, there never seems to be an electric vehicle use the bay, just non-electic vehicles.

They have been paid for the space for the day, however unsure how the technicality of parking 21 minutes early has cost them.

Current position:
The driver genuinely lost the PCN so forgot to consider appealing at the time.
The registered keeper has been written to by Indigo who obtained their details from the DVLA after stating, 'an offence was committed by breaching Byelaw 14". The keeper has been told they are legally liable for this offence veneer if not the driver at the time.

They have threatened if unpaid, they are entitle to pursue the keeper through the Magistrates Court by way of Private Criminal Prosecution. They also cited Byelaw 14(4)ii threatening to clamp the vehicle. - Can they attend the keepers address and clamp the vehicle?

The keeper didn't respond to this letter and has now received a letter from ZZPS, at the same address a Indigo, string the unpaid penalty has been passed to them to resolve.

The keeper acknowledged their admin of the situation has been poor, however, still feels this PCN is unreasonable, and the alleged breach has been allowed to happen by them placing the restriction sign out of view from the driver.

The keeper can't afford for this to go to Court/CCJ etc... so planned on writing to the ZZPN using the template letter to attempt a late appeal, however, given the time passed, 67 days, they are unsure what angle to take and would genuinely appreciate some advice.

Thank you for reading.

waamo

Have you read this explanation? https://forums.moneysavingexpert.com/discussion/5803499/indigo-railway-pcn-clarifying-the-process

nosferatu1001

They cannot clamp anyone, anywhere. They lack the releant licence and they would be committing a criminal offence

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, 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.

Coupon-mad

The keeper can't afford for this to go to Court/CCJ etc.

It would be the first, and there can't be a CCJ re a railway car park where Indigo have dressed the PCN up as a 'byelaws penalty'. No County Court gets involved, so no County Court Judgment.

Read the linked thread in #2, saves us typing!