Indigo Penalty Notice at Train Station

sadlersmill

Hi,
I've tried searching for similar posts to our circumstances, but not found one that suits, so I'm hoping someone can help....
Received a Penalty Notice by Post (Notice to Owner) from Indigo for a parking violation at Harlington (Beds) train station. The station uses ANPR cameras to record in / out images and parking meters with vehicle registration input. The driver of the vehicle purchased a parking ticket in cash for the correct duration on arrival, and displayed it in their windscreen. Unfortunately, they didn't keep this ticket after leaving the station, so no proof of purchase, although you'd expect Indigo should have a record of this??
Offence is stated as "Failing to obtain a valid ticket or voucher", which is not the case. Unfortunately, as we no longer have the ticket, we can't confirm if any error was made on the registration input at the machine.
The notice states parking is subject to the Railway Byelaws, and the offence has been committed by breaching Byelaw 14. Data has been released by DVLA as their client has reasonable cause (under Regulation 27(1)(e) of the Road Vehicle (Registration and Licensed) Regulations 2002, and their records indicate that the said person was the registered keeper of the vehicle.
Having made an initial appeal directly to Indigo, we have received a response rejecting the claim, with the only supporting evidence being recorded ANPR images of the vehicle entering and existing the car park at times we agree. They state "Having reviewed the photographic evidence which you will find attached, the vehicle has been parked within the grounds without obtaining a valid ticket and upon searching their PDA, the Parking Attendant has also been unable to locate a valid e-ticket and therefore this notice was issued".
The only reference to the purchase of a ticket is "I have noted the comments of your appeal dated, where you state you purchased a ticket with cash on 31st August 2018, at around 17.01. The PCN on the ANPR was issued the same day 09.34am. 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".
No idea how they can claim the PCN was issued at 09.34am on the same day, when the vehicle didn't enter until 17.01? Is this relevant or supporting to our case?
Without being able to identify what registration details were entered into the machine, I don't see how we can challenge their decision, and I doubt they would readily supply this information, albeit a key part of the supporting evidence for ourselves.
Also of concern is their statement regarding next steps: "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". How would this be providing an Alternative Dispute Resolution, as I've seen in other posts around these issues?

Any recommendations on next steps?

Thanks.

KeithP

sadlersmill wrote: »

Hi,
I've tried searching for similar posts to our circumstances...

I am surprised you didn't find the NEWBIES FAQ sticky thread.

In there you would've seen:

Q - ''My windscreen Notice is a 'PENALTY' from a Railway car park, issued by a private firm (Indigo), what do I do?''

For a summary about Indigo Railway penalties, written by a newbie who did her research, click here.

Coupon-mad

No need for us to even read the details - they don't matter - it times out after 6 months and nothing happens except letters - covered by any other Indigo Railway thread.

Sit tight, that's it.

sadlersmill

Thanks for the comments....
Just 2 points in response.... it was a postal notice rather than windscreen, and In our initial appeal to Indigo, we have made it clear who was driving (I know, poor judgement as didn't check here beforehand....)
Is that going to have an impact on our case?

Coupon-mad

Nope, they are all the same. Perfectly safe to ignore.

sadlersmill

Thanks again for the advice.
Given the various comments in other strings regarding continuing to challenge to keep the process rolling along for the 6 months required, should we be doing this? My initial thought would be to ask for their evidence that a ticket was not purchased?
Please forgive our probably naivety, but naturally nervous about simply doing nothing when others seem to have continued a dialogue in order to draw out the process....

Redx

YOUR CHOICE, either string it out for 6 or more months like we tell people to do all the time on here, or IGNORE

the only 2 things not to be ignored are an LBC and/or an MCOL


and in future, NO BLABBING, dont expect people to help when incorrect steps have already been taken, seek help beforehand

Coupon-mad

If it were me, I would ignore the letters completely from now on.

Then, if they then try to demand the money after the 6 months, I would make an immediate complaint to the ICO about misuse of data, demanding money that they are not contracted or allowed to sue for in the county court, after the statutory period of limitation for Mags court.

Basically they must stop once the 6 months is up as they have no lawful excuse to keep demanding the sum with pre-court letters, when they know the time is up/gone.

mrdubs

Has anyone ever heard of a story of someone being taken to court for an Indigo Train Car Park fail to display??

twhitehousescat

NO

a: fail to display is not a valid bylaw offence

b: indigo have been told to chase but not start court , as per there contract

3: bylaw offences are brought in a MAGISTRATES court , and only the train Co can start this action

N: indigon cannot pass info obtained from DVLA to train Co

PS: read signs and look at paperwork , 2 different indigos , with a stupidity complex

waamo

mrdubs wrote: »

Has anyone ever heard of a story of someone being taken to court for an Indigo Train Car Park fail to display??

No. We have heard of the offence timing out but we have never heard of it going to court.

Some people on here have seen the contract Indigo have and that doesn't allow them to go to court so it isn't going to happen.