Indigo Car Parking PCN

Sean2811 · 3 October 2018 at 12:41PM

Hi All,
My wife recently fell foul of Indigo parking at Haywards Heath Railway Station car park. She paid for parking and displayed her ticket. However made a mistake when inputting our veh reg into the ticket machine.
We received a PCN notice which I appealed on the basis that we had paid for parking and no financial loss had been incurred by Indigo/ Southern Trains.
This appeal has been rejected with my only recourse (aware Popla no longer an option) is to say that I will put my case to Magistrates (should they decide to prosecute) as I feel that no person should/ would be prosecuted in a criminal court for such a trivial error.one a

Is anyone able to advise on Magistrates common stance in these matters (where someone has paid and can prove this)?

I am very tempted to have my day in court as I anticipate that railway bye-law interpretation is not like the road traffic act which is more prescriptive. If attending court i would certainly involve any media to highlight this unfortunate stance by Indigo Southern Trains

Many thanks,

Sean

Redx · 3 October 2018 at 12:44PM

these cases never go to magistrates court, they "time out" after 6 months

INDIGO cannot issue a penalty and take it to MAGS COURT, only the TOC can (and they never do)

see other INDIGO threads on here to see the explanations

Sean2811 · 3 October 2018 at 1:03PM

Thanks for your advice. I do think it stinks a little and lots of people must fall foul, trying to charge £60 pcn for simple human error is both harsh and draconian.
I cant imagine the TOC or courts would be very keen to hear this sort of case. Certainly not very public spirited.

Redx · 3 October 2018 at 1:06PM

we agree, but I have been coming here nigh on 6 years and not seen any of these go to MAGS COURT, hence why we cannot answer your question

we tell people to play ping pong until 6 months have elapsed , after which it "times out"

plus some TOC do not allow INDIGO to take these to court, just to send threatening letters with confusing information and blatant lies

your time will be better spent in reading a dozen or more INDIGO STATION threads, to get up to speed, including those that have "timed out"

waamo · 3 October 2018 at 1:07PM

I wouldn't hold your breath waiting for this to go to court. Indigo can't and won't take it that far.

You will get letters giving you a last chance to pay. This will be followed by a very last chance to pay. Followed by a final last chance to pay.

Eventually you will get a "we really mean it, very final last chance to pay" letter.

This will probably arrive well after the 6 month limit for prosecution.

Sean2811 · 3 October 2018 at 2:17PM

Thanks all,
I will sit tight and collect threatening letters for 6 months. Worst case scenario if they do take me to court I will attend and state the case for my defence.