Indigo rail car park / company car

monkeyhornet

Hi,

I've read the newbies thread and the candidate for best newbie post but I just want to confirm the correct course of action for a slightly different situation (lease car).

The car in question is a lease car and it was parked outside of a normal bay thus receiving a ticket for being "parked in an unauthorised area".

Today is day 24 since the ticket & I think the correct thing to do is appeal now thru Indigo website with this:

Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I 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.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully,
DONT PUT NAME HERE?

Please can someone respond and just confirm that this is indeed the correct first step to ensure all correspondence thereafter comes to me? I think then it's just a question of stringing out until the 6 month period elapses?

Thanks

twhitehousescat

just be careful that indigo do not write to the lease co , stating "bylaws - magistrates court" because in cases like this , they tend to simply pay up and invoice you

a quick check on the newbies thread suggest the oposite of what you are doing , thought you said you had read it ?

"COMPANY, LEASE OR HIRE CARS ANYWHERE IN THE UK

In the case of a company car or hire car, if you get a windscreen ticket you MUST appeal before day 28 (well before day 21 when it's an IPC firm which only 'offers' 21 days to appeal - check the PCN). This is in order to hook the PPC in your direction, before they get a chance to get the keeper's details from the DVLA.

monkeyhornet

If today is day 24 though then i am within the 28 day (stated on the ticket) appeal window? By doing the appeal this should stop them contacting the lease company no? I have also told my fleet manager not to pay anything and to advise the lease company the same.
Perhaps I am getting confused (If so I apologise), but this is why I wanted to check!

twhitehousescat

the chances of them accepting and reading your appeal even by email in the next 4 days are slim

there system is automated and will request info from the DVLA in 4 days time unless interupted

send your appeal , both in writing and by email / there web site , however I think it will be futile

PS forget the garbage written above , why "DONT PUT NAME HERE?" , how the hell are they supposed to address you , no name = no appeal !

simply send the appeal shown in the newbies thread WORD FOR WORD , they are BPA , there will be NO POPLa code as its bylaws , bevis is non relevant , the train Co hired them , shall I go on?


send this DO NOT ALTER OR AMEND


I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement. There will be no admissions as to who was driving and no assumptions can be drawn.

Since your PCN is a vague template, I require all photos taken, a clear image of the signage and an explanation of the allegation.

I will be making a formal complaint about your predatory conduct to your client landowner and to my MP, appraising all parties of the debate where Parliament agreed: ''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''. Firms of your ilk were unanimously condemned as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and that 'we make it up most of the time' (BBC Watchdog).

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service.
Yours faithfully,


THE NAME AND POSTAL ADDRESS OF THE KEEPER (OR THE HIRER/LESSEE) GOES HERE. THE DRIVER IS NOT IDENTIFIED.

monkeyhornet

Thanks for clarifying, I really appreciate the help.
I have told the fleet manager again to contact the lease company and tell them not to pay any charge but just to direct any correspondence back to me. I will send the text above by letter/their website as you recommend and put my name and address as keeper at the base.
What should I expect after that-Constant stream of toilet paper to ignore?

Umkomaas

There's a different appeal format for a company/lease vehicle near the foot of post #1 of the NEWBIES FAQ sticky, provided by Edna Basher who is most experienced in handling private parking charges for this type of vehicle.

Use that in preference to the standard RK appeal template.

twhitehousescat

you will NOT get a POPLa code as this comes under bylaws , you WILL get nice letters "inviting" you to pay up rather than magistrates court , what they will not tell you is that ONLY the train co , not indigo can start court action , they will ommit the fact that indigo cannot pass your info to the train co , and they will "huff n puff" over the fact that it all stops after 6 mths

all letters will not come from indigo , they will come from a debt collector called ZZPS

your case is just like any other indigo/railay case (read them) apart from the problem of lease Co paying up when "magistrates" is written on mail to them

monkeyhornet

Yes I thought it was the same.... it was the lease company bit that made me doubt the process. My fleet manager is saying that we have a contract with the lease company and he "can't tell them not to pay " but I'm not sure how much truth in this there is or if he is just being lazy! I think I will call them myself and talk about how they will handle it if they get a letter - is the best thing to ask that they name me as the RK and then leave me to deal with it you think?
Thanks again both of you - such a help!

nosferatu1001

He tells the lease company to name you as LESSOR / HIRER, obviously, and they are out of the loop.

You clearly cannot be the RK, given THEY are the RK.

monkeyhornet

Yes of course, getting my abbreviations all squiffy...! Trying to do actual work whilst juggling this....
I've emailed them to this effect so hopefully that will ensure they don't pay it and invoice me

twhitehousescat

monkeyhornet wrote: »

Yes of course, getting my abbreviations all squiffy...! Trying to do actual work whilst juggling this....
I've emailed them to this effect so hopefully that will ensure they don't pay it and invoice me

yup , however lease co,s treat cases that waffle "magistrates" far different than invoices from parking Cos

has your lease co paid council / congestion charges automatically (then invoiced your company) before ?