INDIGO again

ANTAR

Good to read all the info here but TOO LATE for a driver as they got confused about what a railway PENALTY NOTICE is (as opposed to PCN etc). A word of advice would be helpful unless they've sunk themselves already.
They read the MSE website info (ignorant of this forum then) and decide to use the MSE web page GO AWAY option.


They used the standard template adjusted to say:

No means to get parking ticket (no app thing smart phone) as usually did, machine broken. Office closed and train cancelled.
They intended to pay and did buy a ticket next day(without parking) so no consequential loss to them.They can't afford £60 let alone £100 and I don't think those 'fines' are reasonable given their charge is only £3.75 and was paid that the next day as promised .

pogofish

Sorry you completely blew your first shot but your chances will be significantly improved if you read and take the current advice given in the Newbies Sticky at the top of this forum, instead of that dreadful MSE page.

The_Deep

This is land covered by railway bye laws, a totally different scenario from a shopping centre. Acquaint your selves with the rules of the game, here are dozens of Indigo threads on here and as long as you do not tell them the name of the driver, you are unlikely to have to pay out a penny.

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. i

waamo

Stop panicking. You have nothing to worry about with byelaws tickets. Your appeal will be rejected no matter what you put.

The idea now is to play mail ping pong for 6 months. That's how long they have to do anything. Amazingly they love to make this easy. Every time they write to you write back with a question.

Act dumb. Make them explain everything. Do this slowly. No need to rush. The time will fly by. A letter a month is all it takes.

ANTAR

Thanks. Just for record they didn't appeal, though I'm sure the advice regarding ping pong stands. they just wrote to them and railways saying you shouldn't have ticketed me ,and why, and that they wouldn't correspond until they answered my points. I'll follow your advice with them thanks. A tiny shred of hope is that if this is a criminal offence, then evidence I had no intention of evading payment is no intent to commit criminal offence, and therefore a plus

Umkomaas

A tiny shred of hope is that if this is a criminal offence, then evidence I had no intention of evading payment is no intent to commit criminal offence, and therefore a plus......!

Don't overthink this. Indigo can't sue in the criminal court, the TOC can't get your details from Indigo (DPA); they (the TOC) would need to apply in writing to the DVLA - and there's been no evidence of any of them doing so in Indigo cases.

Why would the TOC want to get involved when they've commissioned Indigo to harass their customers (because they don't want the hassle) - dog and barking yourself comes to mind?

Just eke it out beyond 6 months then you're clear of any crap.

ANTAR

Just an update for INDIGO fans. A month after the naïve disclosure (that they had parked in a £3.50 a day spot on their way to a double funeral, and promised to pay next day after finding machine broken, ticket-office closed and my train cancelled) , they now write to say the appeal has not been accepted as you predicted.


They didn't appeal as it happens - so that's their first response letter. There's now no appeal to POPLA for rail-parks so they risk Magistrates court as they have the details as the driver. They've decided to keep writing back as recommended and if it comes to it theyll see them in magistrates court. They realise they could end up paying more, but they are incensed at the sheer ruthless greediness of this business. Thanks for trying to expose this.

KeithP

If you still want to edit your thread title then:
1) go into edit on your original post,
2) click on go advanced,
3) type what you like in the Title box,
4) save changes.

Fruitcake

The risk of the landowner (Network Rail possibly) or the train company taking this to magistrates court is so small you would need the Hubble telescope to see it at ten paces.

The only way you will see the scammers in court is if you call them as a witness as agents of the TOC/landowner. They, the parking scammers cannot instigate court for an alleged byelaw incident.


You wrote to them, they called it an appeal, and rejected it. So what. They are not giving PoPLA codes because they know they will lose, and it will cost them money.

Write back and ask for ADR stating that this is your by right in accordance with the Alternative Dispute Resolution Act 2015 which states this must be available for not less than one year.

Don't write too soon, but do it by post, sent first class from a Post Office Counter and obtain a proof of posting.

Next time they respond, ask them a different question, but also ask where your ADT is as stipulated by act of parliament.

Don't forget to complain to your MP, mentioning of course they are not allowing you your right to an independent appeal.

Coupon-mad

so I risk Magistrates court ...

if it comes to it I'll see them in magistrates court.

That can't happen.

Indigo's contract only lets them send pre-action letters (i.e. toilet roll).

ANTAR

Can't thank the experienced posters here enough. Much appreciated.