Indigo Penalty - Railway carpark

Troubled42

We really do not wish to add to the typical 'another indigo' pile and we will spare you all the full details of the case.

We are however seeking alternative advice that we didn't really see under the newbies thread and a few others after searching.

We didn't park in a bay and the car park was full. We did not block anyone in or cause obstruction.
We feel like we want to contact the railway company first and explain the situation, as well as the fact the train was delayed and we had to stand up all the way to without a seat. (1hr 30m+ journey).
we will omit my details and ask if they would consider it.
we appreciate there's a process to follow and we've read this post from the newbie thread in relation to how to deal with Indigo. The first post is laid out very well, it just unfortunately does not include a conclusion. The last post also alludes to others following this process, having their tickets cancelled/forgotten about after 6 months but there's nothing definitive in this post, apart from a load of people hijacking it.. lol
Please forgive us for feeling cautious about this thread but the first post is still golden.

our point still stands - Surely it wouldn't hurt to contact the railway and explain our situation? we've never seen the car park full before.

Our 2nd concern is, if we follow the recommended process of the newbie thread, what if we want to park there again? Won't our car just be on their hit list from now on?
Indigo is pretty established.

So sorry for clogging up the forums with another Indigo post but we're just trying to figure out the best route.

Thank you all.

Coupon-mad

The last post also alludes to others following this process, having their tickets cancelled/forgotten about after 6 months but there's nothing definitive in this post,

There is, the fact that to bring a case before Magistrates is subject to the law, and the statutory deadline closes (fact) after 6 months.

The prosecutor has to inform the magistrates’ court by issuing a charge, summons, postal requisition or a complaint within 6 months of an offence being committed. This rule means that the magistrates’ have no jurisdiction to deal with a case brought more than 6 months after a crime has occurred.

The rule is in s.127 Magistrates’ Courts Act 1980.

http://www.legislation.gov.uk/ukpga/1980/43/section/127

Surely it wouldn't hurt to contact the railway and explain my situation?

An awful idea for 2 reasons:

1. You would be blabbing about who was driving (the only detail they don't have)

and

2. You would be involving and alerting the ONLY party who *could* lay the case before Magistrates!

Indigo can't. Their contract was posted by someone and it only allows them to issue 'pre-action' letters (pre-action meaning 'pre-court process' only). aka begging letters.

This cannot go anywhere unless the TOC lay it before Mags in time and show who the driver was, etc. Don't go alerting that very party, to that very piece of information!

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 House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

nosferatu1001

So...eidt your post
We all know who drove
If Indigo find it they can likely work out which batch of tickets this is.

Your choice. Follow the tried and tested, or make it up sa you go along.

Troubled42

...What driver?
Who are you talking about? :A

I've edited a few areas... Coupon-Mad could you remove the train company from your quote as well ?
My fault!

Coupon-mad

Done!

Hope you now see why not to contact the TOC, and let it ride out for 6 months.

Troubled42

Coupon-mad wrote: »

Done!

Hope you now see why not to contact the TOC, and let it ride out for 6 months.

Thanks very much and I appreciate everyone's response so far...

Just curious about their 'hit list' though... would this not be a problem? I mean to be honest we only park at this station like once or twice a year so it really isn't that often. I guess we shouldn't care.

What we previously said;

Our 2nd concern is, if we follow the recommended process of the newbie thread, what if we want to park there again? Won't our car just be on their hit list from now on?
Indigo is pretty established.

So sorry for clogging up the forums with another Indigo post but we're just trying to figure out the best route.

twhitehousescat

hit list for what , writing out more toilet paper ?

they can write as many as they want , but

a: there contract stops them doing court

b: laws state that they cannot pass your info to the train co

Coupon-mad

They can't do anything if you park there again. Their contract really does only let them send letters.

Troubled42

Thanks for the feedback all.
Most relatives I've spoken to have been like 'just pay it for peace of mind' etc...

I do agree, I don't need the hassle but to be honest it also sounds like fun.
Sorry guys. I'm not paying!
I'll post any updates if they're any different from the usual process, such as any of their wording which isn't just a standard copypaste letter..

The_Deep

It can indeed be fun, especially if you are the sort of chap who played rugby at school rather than football.

Since joining this forum I have increased my knowledge of the Law, improved my IT skills, and got back my writing skills to a level approaching my days in the FO.

Go after them, they are on a hiding to nothing. Involve your MP

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 House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.