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Another Indigo PCN

HI,

I foolishly appealed on the website and got it rejected. The complaint was Parked as to cause obstruction/inconvenience to others which was clearly not the case it was well within the bay but I could have possibly backed up more to have my wheels cm's away from the kerb. There was enough leeway for more cars to park through and infact my car was towards the middle of the parking so 100% sure at least 40 other cars went past it after I parked it at 7.30 am and picked it up at 8.30pm that day.

I wrote back to the email I recieved 3 times and received no response. Now i receive a letter to say I have to pay the £100 charge!

My questions -

1) I will be moving houses in a month or so. What happens after we move? Will they still trace us using the car's registered address?
2) They completely ignored my request to review their appeal and do not offer POPLA I suspsect this is because the parking itself is owned by Southern Railway than Indigo?


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Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    There are hundreds of cases here of people being ticketed on land covered by railway bye-laws. I suggest you read at least half of dozen of them to understand the realities of parking on railway land, and complain to your MP.

    It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons 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.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

    All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 27 December 2018 at 6:12PM
    HI,

    I foolishly appealed on the website and got it rejected. The complaint was Parked as to cause obstruction/inconvenience to others which was clearly not the case it was well within the bay but I could have possibly backed up more to have my wheels cm's away from the kerb. There was enough leeway for more cars to park through and infact my car was towards the middle of the parking so 100% sure at least 40 other cars went past it after I parked it at 7.30 am and picked it up at 8.30pm that day.

    I wrote back to the email I recieved 3 times and received no response. Now i receive a letter to say I have to pay the £100 charge!

    My questions -

    1) I will be moving houses in a month or so. What happens after we move? Will they still trace us using the car's registered address?
    2) They completely ignored my request to review their appeal and do not offer POPLA I suspsect this is because the parking itself is owned by Southern Railway than Indigo?


    1) they may use a tracing service to do this, but cannot access the DVLA more than once so normally use the original address to start with (so I would assume the debt collectors will trace any new address)

    2) I do not believe that the parking is owned by a TOC, more likely to be owned by NETWORK RAIL and that bylaws apply. the TOC will be leasing the property

    the TOC should really issue a PENALTY notice and take it to MAGS COURT within 6 months, INDIGO are a mere contractor issuing tickets and paperwork

    read this thread where SOUTHEASTERN try to do it properly

    https://forums.moneysavingexpert.com/discussion/comment/75197086#Comment_75197086 and read the handbags at dawn precis of that situation

    if this is being done by one of the INDIGO companies, they are just beating about the bush as they usually do

    INDIGO know they can offer POPLA again but dont like to do so, they will obfuscate as much as possible
  • Indigo are a member of the BPA , they MUST issue a popla code
  • Umkomaas
    Umkomaas Posts: 43,793 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    POPLA should now be offered. There has been a gap of some time where the BPA agreed (and the DVLA acquiesced) that railway parking cases (Indigo in particular) should not be allowed to progress through POPLA.

    This has now changed:

    https://popla.co.uk

    Write back to Indigo requiring your POPLA Code. Give them a 7-day deadline (may be 14 days given the holiday period). Any refusal or failure to respond, you make a complaint (with copies of all your correspondence to/from Indigo) to Steve Clark of the BPA and you copy the complaint and attachments to the DVLA.

    steve.c@britishparking.co.uk

    ccrt@dvla.gov.uk
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Indigo are a member of the BPA , they MUST issue a popla code

    That's assuming the alleged parking transgression occurred since 1 November 2018.
  • thanks for all the responses.. yes it happened after 1st Nov 2018.. I will write to them as suggested


    Make £2019 in 2019 Challenge - £272.48/£2019
  • Johno100 wrote: »
    That's assuming the alleged parking transgression occurred since 1 November 2018.

    actually , they were ALWAYS supposed to issue POPLa code as per government rulings back in 2012

    the BPA tried to bypass this but were told to behave
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    actually , they were ALWAYS supposed to issue POPLa code as per government rulings back in 2012

    the BPA tried to bypass this but were told to behave

    But that doesn't get away from the fact they didn't and it is only since the 1st November 2018 that POPLA recommenced dealing with such cases.
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