Indigo online & pofa 2012 question

nikjmo

I've been sent two notice to owner fines by INDIGO after accidentally buying tickets for consecutive days for the wrong car park (both at the train station so the app must have defaulted). I've tried to dispute fines due to app problems before and know they will fall on deaf ears so want to get it right this time. I have four questions please:

I'm trying to appeal online and the standard form is tricksy.
1. It demands you tick a box giving the grounds for the appeal. As I am dealing with this as keeper and not driver should I avoid ticking any of the boxes (assuming that's even possible) and if I do have to tick a box, will it matter which I do?

2. The 'any other details' box won't allow me to cut and past the standard letter from the Newbies thread so I'm going to try and attach it as a letter instead. I assume this is ok? Have other people encounter the same problem?

3. It also has a tick box which asks 'Where you the driver?' It tells you to untick the box and add the details of the driver if it wasn't you. I feel like I'm being jumped into an admission by default. Will the standard letter over-ride that if I don't untick the box.

4. And finally: the NTO came late. There was nothing stuck on the window and it's been more than 14 days. Can I just say:

Under the Protections of Freedom Act 2012 you have failed to give notice within the statutory 14 day period as outlined here in paragraph 9 here: (LINK TO THE POFA FROM THE NEWBIES THREAD ADDED HERE).
The alleged offence was on the 9 October but the notice was sent out on 26 October, 17 days later, as such there is no liability to me as keeper so please desist from pursuing me.

Or should I add that to the standard letter?

Many thanks in advance.

waamo

As this is a railway station POFA doesn't apply. They will be using byelaws.

You can ignore a byelaws ticket.

nikjmo

So I just ignore it all? And wait for the ZZPS stuff to kick in? Or just ignore everything?

nikjmo

nikjmo wrote: »

So I just ignore it all? And wait for the ZZPS stuff to kick in? Or just ignore everything?

I only ask because this thread is being promoted as THE way to deal with indigo - ignoring the whole thing isn't mentioned here. What are the risks? Thanks

nikjmo

nikjmo wrote: »

I only ask because this thread is being promoted as THE way to deal with indigo - ignoring the whole thing isn't mentioned here. What are the risks? Thanks

Sorry I couldn't add the link because i'm new, but it's the one called Indigo Railway PCN - clarifying the process.

waamo

The contract indigo have with train companies states that they cannot instigate legal proceedings. This means it is safe to ignore everything they send.

This is relatively new information we have discovered.

The_Deep

As long as they do not know the identity of the driver or the owner, you are in the clear. If the land is covered by Railway Bye-Laws, POFA does not apply, and the registered keeper cannot be held liable.

Do not name the driver, ignore any DCAs, threatening letters of big red ink. Complain to your MP if they harass you.

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 in the house as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an
M.P. for unprofessional conduct

The problem has become so widespread 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

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

nikjmo

The_Deep wrote: »

As long as they do not know the identity of the driver or the owner, you are in the clear. If the land is covered by Railway Bye-Laws, POFA does not apply, and the registered keeper cannot be held liable.

Do not name the driver, ignore any DCAs, threatening letters of big red ink. Complain to your MP if they harass you.

Thank you for this reply. And just to be crystal clear: although i have been identified by them as the registered keeper and they have sent me a notice to owner, that doesn't mean that they have identified me as either the driver or the owner - only as the keeper - and I am 'in the clear' as you put it? *crosses fingers*

waamo

Unless you've blabbed to them as to who was driving or who the legal owner is then there is no way of them knowing.

The_Deep

They sent the PCN to the owner, they do not know the name of the owner, and, unless you tell them, they do not know the name of the driver.

However, that will not stop them from pestering you. Let them, it costs them money.

Coupon-mad

nikjmo wrote: »

Thank you for this reply. And just to be crystal clear: although i have been identified by them as the registered keeper and they have sent me a notice to owner, that doesn't mean that they have identified me as either the driver or the owner - only as the keeper - and I am 'in the clear' as you put it? *crosses fingers*

Who cares either way? Doesn't matter.

It's Indigo at a railway car park. They can only send scary letters...

We are all somewhat jaded with repeating this unnecessarily again and again, on every Indigo railway thread (none are needed at all), given that it's already specifically covered in the Q&A in the NEWBIES thread in the section and link about Indigo railway PCNs.

No need for any threads about these pseudo penalties...it will time out after 6 months no matter who they know you are.