Indigo railway Penalty Notice despite holding annual permit!

Calshot

I hold an annual parking permit for my local train station car park, which costs me nearly £1,000 per year. The car park is run by Indigo.

I was recently on a short business trip, and left my car parked at the station for 3 days. My parking permit had slipped off the dashboard into the footwell of the car. When I returned, I found 3 Penalty Notices stuck to the window of my car. I was frustrated by this, but thought that it would be quickly sorted out through Indigo's online appeal process. After all, they surely were not going to try and extract £300 in penalty fees from a well intentioned, long term customer with a valid season permit. I appealed providing a photo of my annual permit, saying that it had fallen on the floor.

I was surprised then to receive 3 individual appeal rejection notices. I called customer support hoping to sort out this obvious mistake. Instead they told me that I had "commited an offence", that the rules of the car park require permits to be displayed, and that I had 28 days to pay before they started "debt collection". I was also informed there is no appeal to any independent body possible.

I know many here will chuckle, but I was genuinely shocked that Indigo think it acceptable practice to operate such aggressive revenue collection practices, seeking to enhance their income by exploiting "gotcha" clauses in terms and conditions against well intentioned customers.

I've since read the Newbies post, and many of the Indigo railway related threads, so my eyes are now opened to Indigo's lack of ethics.

Does anyone have the contact details of Phillip Herring, Indigo's UK Managing Director? I'd like to get in touch with him and ask if he is proud to be leading a company which engages in such aggressive practices.

I really just wanted to share my sense of outrage with Indigo. I'm not paying a penny unless they get a court judgement, which I can't imagine them securing given the circumstances of the case.

Johno100

Calshot wrote: »

Does anyone have the contact details of Phillip Herring, Indigo's UK Managing Director? I'd like to get in touch with him and ask if he is proud to be leading a company which engages in such aggressive practices.

Here goes.

Indigo Park Services UK Ltd
Oak House
Watford
Hertfordshire
WD24 4QP

And remember not to out yourself as the driver or owner of the vehicle.

Calshot

Thanks Johno. I was hoping to get his email address, as I suspect post to their general company address doesn't reach the MD.

Also, why should I worry about admitting to being the driver or owner? I hold a valid annual parking permit and have done so for years. They have all my details.

KeithP

Calshot wrote: »

Also, why should I worry about admitting to being the driver or owner? I hold a valid annual parking permit and have done so for years. They have all my details.

They, whoever 'they' are, may well have all your details, but do they know who the owner of the vehicle is? Do they even know who the driver is?

Having read the Indigo threads, surely you realise that under railway bylaws it is the owner that can be prosecuted?

You will also have read that railway land is not relevant land under POFA2012. That in turn means that only the driver can be liable if the claim is being made under contract law.

waamo

Just ignore it. Indigo can't do anything. If you blab about being the driver there is a remote possibility the train operating company can prosecute you. Highly unlikely but possible.

To avoid dropping yourself in it silence is golden.

Johno100

Calshot wrote: »

Thanks Johno. I was hoping to get his email address, as I suspect post to their general company address doesn't reach the MD.

Also, why should I worry about admitting to being the driver or owner? I hold a valid annual parking permit and have done so for years. They have all my details.

I'd try Phillip.Herring@group-indigo.com that seems to be the format they use.

Calshot

Thanks all for the feedback and advice.

The advice all seems to be about prolonging the process, avoiding giving information, and avoiding prosecution through a magistrates court.

The thing I'm struggling with is this: how could I be successfully prosecuted for being in violation of railway byelaws given that I have a valid annual parking permit for my train station?

Is a judge really going to say "I accept that you paid nearly £1,000 for an annual parking permit, and that this permit was valid during the time period in question, and that you have caused no harm or loss of income to any party, however because you accidentally did not display your permit on the front window of your car on one occasion you are guilty of a criminal offence"? That seems absurd.

Question: has anyone with a valid season parking ticket ever been successfully prosecuted under these rules?

twhitehousescat

umm , Indigo (which one by the way - contact is with one , letters are from another !!"") cannot start court action , the contact as seen many times on this forum forbids court action

indigo cannot hand your info to the train Co , although by writing emails and kicking off - you have done a good job of it ! bide your time 6 mths of free bog roll , then you will have to buy your own

and PS , can you find a bylaw relating failure to display , it don,t exist

waamo

Calshot wrote: »

Thanks all for the feedback and advice.

The advice all seems to be about prolonging the process, avoiding giving information, and avoiding prosecution through a magistrates court.

The thing I'm struggling with is this: how could I be successfully prosecuted for being in violation of railway byelaws given that I have a valid annual parking permit for my train station?

Is a judge really going to say "I accept that you paid nearly £1,000 for an annual parking permit, and that this permit was valid during the time period in question, and that you have caused no harm or loss of income to any party, however because you accidentally did not display your permit on the front window of your car on one occasion you are guilty of a criminal offence"? That seems absurd.

Question: has anyone with a valid season parking ticket ever been successfully prosecuted under these rules?

We haven't heard of anybody prosecuted full stop. Consequently your question is impossible to answer but in the best way possible.

We do know that the contract that Indigo have doesn't allow them to take anyone to court.

That's why I say silence is golden. If you don't say anything the train operator can't ever know who was driving. If you say anything you may inadvertently admit being the driver.