New Indigo appeal for a parking fine that was paid?

WileEcoyote

Can anyone help with next steps?
I have an appeal to Indigo that was strangely rejected inspite of the fact that i actually paid to park??!

I have received this silly response from Indigo for a payment that i can prove that i had made.


Dear WileEcoyote

Penalty Notice: XXXYYY
Location: Incorrect location! \
Main Vehicle Registration: XXXYYY Date: Jul 2018

Thank you for your correspondence in relation to the above Penalty Notice.
Indigo Park Solutions Ltd operates as an AOS approved operator, in accordance with the British Parking Association Code of Practice for private parking. When parking on private land, the onus rests with the motorist to accept and to comply with the land owners Terms and Conditions of parking.

On the date above, the driver parked the vehicle in breach of the Terms and Conditions of parking which are displayed at the car park.
Having reviewed the photographic evidence which you will find attached, your vehicle has been parked within the car park without displaying a valid ticket and upon searching their PDA, the Parking Attendant has also been unable to locate a valid e-ticket for your vehicle and therefore this notice was issued.

Your vehicle has been parked within the car park without displaying a valid ticket. There is signage within the car park providing the tariffs for the car park. Numerous methods of payment are available and can be identified from signage in the carpark.

By entering and parking in the car park the driver is agreeing to park in accordance with the Terms and Conditions and it is the customer's responsibility to ensure they observe the terms and conditions before leaving their vehicle in the car park. It clearly states a valid ticket must be displayed or a valid cashless session be in place for the full duration of the stay. The signage also states a penalty notice may be issued if this is not adhered to.

Whilst I note the points you have raised in your appeal, it is stated in the terms and conditions of this car park, both on signs and on the website that all users of carpark must have a valid payment against their vehicle throughout their stay. If this is purchased from the pay and display machine or the ticket office on site then a physical ticket must be displayed in your windscreen at all times. If this ticket is not clearly displayed there is no way for us to know a valid ticket was purchased, likewise the parking attendant will not know this unless the ticket is displayed as this is a man
patrolled carpark. Moving forward please ensure that before you leave your vehicle you can personally see your ticket clearly on display.
Having reviewed the circumstances surrounding the issuing of the above Penalty Notice, and having considered your reasons for appeal, our decision is to uphold the Penalty Notice.
Payment at the reduced rate of £60.00 for the Penalty Notice will be accepted if received within 14 days of the date of this letter. Payment can be made using the following options:
• • Online at xxx
• • Cheque or postal order made payable to “Indigo Park Services UK Ltd” sent to the address above (please be sure to include your PN number on the rear)
• • Over the telephone with one of our team on 03301235247

You have now reached the end of our internal appeals procedure.
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.

Yours sincerely,
S Bailey
Customer Service Advisor


Unfortunately i hadn't noticed the changes in the template so had submitted my appeal using an old template.
In some respect i believe that this should be irelevant however, as this was parking that i had paid for?

Can anyone help with next steps?

Thanks WileE

WileEcoyote

Here's my appeal submission,

I supplied this with copies of the payments made including the phone and bank records to back this up


Dear Sir/Madam,
Re PCN number:

I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established inParkingEye Ltd v Beavis, which is fully distinguished.
To my knowledge, the Parking Charge in this instance was paid for, as documented in the evidence supplied to you.

Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.
Should you fail to cancel this PCN immediately, I also require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).

I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Thanks in advance
WileE

Redx

as they stated in your post #1 , you have appealed once and they rejected it and you are at the end of the appeals process, there are no "further steps"

after 6 months the TOC can no longer take you to MAGS COURT

read a dozen other INDIGO threads from 2018 to see why , because a million words have already been typed about this topic

Coupon-mad

Not sure why we need any more Indigo Railway threads.

All questions are answered by the thread linked in the Q&A in the NEWBIES FAQS thread (top of this board) that includes a link clearly summarising Indigo/Railway cases.

You could also search 'Indigo POPLA' and find out from all the zillions of other threads every month that we've had to repeat the advice on, day in day out, that you just ignore them now. Times out after 6 months, nothing happens.

Same as all of them, nothing to worry about, please read the other threads already here.

WileEcoyote

Thanks, i hadn't ignored ther previous threads, however, what was unusual in this case was that this was actually paid for, hence the reason i had asked the question.
I have defeated Indigo 4 times previously, but this was unusual as this had been paid for and evidence supplied.

Thanks
WileE

Coupon-mad

They were saying the ticket wasn't displayed - not that you hadn't paid.

Nothing you say will change the situation, and it will time out after 6 months and there is no POPLA now for railways penalty charges (utter scam; shame on the BPA & DVLA for letting it happen).

KeithP

WileEcoyote wrote: »

Thanks, i hadn't ignored ther previous threads, however, what was unusual in this case was that this was actually paid for, hence the reason i had asked the question.
I have defeated Indigo 4 times previously, but this was unusual as this had been paid for and evidence supplied.

But they are not denying you paid, are they?

They are claiming you didn't display the ticket.

Same as all the other Indigo threads.

Redx

only useful to you if "somebody" issued a court case, otherwise its irrelevant

WileEcoyote

Yes this is true but if you pay over the phone (as i have everytime i've parked in this car park) you do not ever display a ticket!

So the effective advice is to simply ignore i gather?
Do any of you know whether they have permission to pass over to debt recovery firms?
I will not pay for something that i already paid for, but i'm slightly puzzled as to why they did't just cancel as they had evidence of payment? (they took the money from my account)?!


Thanks again

Coupon-mad

Sounds like you may have entered a wrong VRN or wrong location code, so does your phone record shed any light on it?

Not that you need it, just ignore it.

Do any of you know whether they have permission to pass over to debt recovery firms?

Of course they do (ZZPS & QDR - yawn...toothless pen pushers, who send letters, then more letters) which you will know when you read the threads I suggested you read first!

Please read them first.

Please read what I suggested you read, my fingers will collapse if I ever have to type any more stuff about Indigo, and tedious letters from debt collectors - yawn...hate the subject, tedious.

No need for any threads about debt collector threatograms, please.

Redx

I wouldnt worry over why they didnt cancel, this predatory tactic is designed to increase their profits, you are not dealing with a "reasonable company" here

the fact they had their money is not their "beef" , its "not displaying a ticket"

if you are looking for "common sense" you are wasting your time

of course they can pass it to a debt recovery firm, the DCA is acting as their agent