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Indigo NTK received where to appeal?

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Comments

  • Le_Kirk
    Le_Kirk Posts: 24,970 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Here is your link made live after checking: -
    https://www.dropbox.com/s/0kh04xpufevov36/IMG_5559%20copy.pdf?dl=0
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    glockyyy wrote: »
    Keeping you guys up to date this is my response from PPN / South Eastern Railway

    XXXXs://XXX.dropbox.com/s/0kh04xpufevov36/IMG_5559%20copy.pdf?dl=0

    Personally I cannot see that the standard line of don't pay an Indigo parking ticket really works in these circumstances. Is it something that should perhaps be appended to this groups sticky post?

    Also it is perhaps worth asking would I still be trying to drag this out for six months to a date when I can no longer be prosecuted for this fine, or in actuality is that advice also not applicable in this scenario??

    Why is it Newbies always feel they must "do something"? Keep up mail ping pong with Indigo if you feel you have to do something.
  • I would like some clarification that after six months this will all go away. Since the other advice I have tried to follow as best a Newbie can has turned out to not actually be accurate.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    edited 16 January 2019 at 11:04AM
    It will go away after 6 months. The Magistrate Courts Act 1980 says you only have 6 months to prosecute offences in the magistrates court.
  • Thank you Waamo
  • Actually worth clarifying to you Waamo, that I am not in communication with Indigo. This stopped being an Indigo issue the second it got passed to South Eastern Railway which was my first letter received on this subject after having followed the advice to ignore the ticket on the window. I suspect had I gone through Inidigo appeal things may have been different? But for now they are not. Is your advice of sitting on this to get the six months point still the same? Is there some distinction in law between a parking penalty in this circumstance and a parking fine received on private land?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Youre not sitting on it, youre asking questions to time this out

    YEs, as you have been told. One is criminal and goes through magistrates, which has a strict 6 months time limit, the other is civil goes to county court (maybe) and has a 6 year time limit.
  • The parking penalty you have received is illegal and unenforceable. Since everyone accused of a criminal offence is presumed innocent until proven guilty, no-one but the Court can impose a penalty for a breach of the Byelaws.

    The letters you've got from DRPS look official but they are a pack of lies. For example they suggest the penalty can be "enforced" in the Magistrates' Court. Absolute rubbish. The Mags. are not in the business of enforcing a train company's DIY penalties.

    The only thing Southeastern can do is prosecute the driver within 6 months. All our information shows that they have never done so yet. I've had a couple of tickets from Southeastern (wrongly issued I hasten to add!) and after increasingly nasty letters for 6 months, all went quiet.

    Parking tickets on most private car parks - ie non-byelaws ones - are completely different, They represent pre-agreed damages for breach of contract. If you don't pay, the PPC can issue proceedings in the County Court. They don't time out until 6 years have passed.
  • Coupon-mad
    Coupon-mad Posts: 155,232 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just go quiet and we bet it will revert to the usual hot air from ZZPS and QDR. Before you know it, the scam will time out.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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