Indigo Parking failed appeal and NTK

Typo2018

Good afternoon,

It's my first time time posting, and I am really hoping that someone can give me some advice. I have read the sticky and the newbies post, as well as a fair few threads. I am sure the answer has already been posted elsewhere but the changes in POPLA and appeals and byelaws have really confused me. And I am finding the stress of potentially owing money upsetting.

I have received 4 debt collectors letters from Southeastern Railway trading as Dept Recovery Prosecution Services, which I assume are the NTK as these are the first postal letters. All are for the contravention 'failure to display a ticket', all dated July - Sept 2018. The letters threaten that the £100 charge will increase to £165 if no payment is made within 14 days of the date of the letter, however there is no date on the letter.

The only one previously appealed was in July, and I didn't realise it was unsuccessful as I didn't receive the email (found it in then junk file...). So the driver may have already been identified through that process. The key is this: parking was paid for in full, in advance on every occasion, however the VRN was not correctly typed in the Park Indigo website, and then saved incorrectly, and there is no mention of the VRN on the emailed receipt. Indigo accepted one appeal on this basis (I do not believe that a response was received this. I am also pretty sure that I appealed the others but have not received a reponse and their website does not give proof of appeal sent). The font on the website is small and it is not clear to see that this is an error until the PCN is received. I have really struggled with using that site on a mobile device. And I feel the charge is unjust.

I have proof of payment in the form of email receipts, dashboard screenshots and bank statements. I am also able to share copies of the letters sent to me and original PCNs and 'appeal declined' email.

My understanding is that I should ignore these letters, as in post 4 on the Newbies post.

And I should appeal via email as first stage 1st appeal for 3 PCNs, via email to Indigo direct, exactly as per the template in the Newbies thread but attaching all evidence of payment?

But other threads say that that I should not appeal POPLA for the 2nd stage appeal (the July PCN) because the alleged contraventions occurred before 1st November 2018? And this should also go back to Indigo?

Is that correct?

Thank you so much in advance.

Umkomaas

I think you're beyond any appeal stage. You just need to see the clock count down to the six month point for the final ticket, then any danger of a prosecution via the Mags Court has gone.

In my view (others will opine too hopefully) there is nothing you can do to get away from this. You just need to ride it all out - 6 months for any potential Mags case, 6 years for any civil case.

Come back here if you get any court-looking communication/paperwork. Your first 'target' is six months from your last ticket.

twhitehousescat

why have indigo , a member of the BPA who have signed agreements with both the BPA and the DVLA passed your info to the landowners ?

Typo2018

Thank you, not what I was hoping for but much appreciated!

Redx

read about the INDIGO shenanigans in this thread

https://forums.moneysavingexpert.com/discussion/5942616/mainly-for-regulars-a-new-twist-on-the-indigo-appeals-procedures-further-update

and for SOUTHEASTERN etc, read

https://forums.moneysavingexpert.com/discussion/5942530/another-indigo-pcn

and

https://forums.moneysavingexpert.com/discussion/comment/75197086#Comment_75197086

like in post #6

if its clarity you want, you wont get it

but if this goes to MAGS court within the 6 months allowed, you "may" get it

Typo2018

Thank you Redx, I don’t care about clarity, I just have already paid to park, and know I’ve messed up but I want the letters to go away. I have read the threads you have suggested and very much like the sound of post #6. Sleepless nights until March 2019 it is then...!

Redx

the letters wont "go away", you may as well wish you had won that recent Euromillions lottery

wanting something and actually obtaining it are 2 different issues, you are NOT in control of this situation and have no control over it, so grow a thicker skin

there is nothing that you can do to stop letters like these, millions of people get them every year

it got so bad that parliament are trying to sort it out, until then , nothing you or we can do can stem the flow because even the MP,s condemned the whole parking industry and debt collection sc@ms

https://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

the reality is (and always was) that the TOC should issue penalty notices within 6 months and if they remain unpaid they should take you to Magistrates Court, where you can let the MAGS decide after producing your evidence etc (because it is not relevant land and bylaws apply -

Network Rail own the land and lease it to a TOC that sub contract the parking to INDIGO or whoever they wish (in some cases its APCOA or CARE parking) - in YOUR case, its INDIGO

they use INDIGO as a smokescreen

think of it as like having 4 speeding notices or similar, where you have some sort of counter evidence that you followed the law, or there were mitigating factors

it would have nothing to do with INDIGO, or the BBC, or FIFA for that matter

Typo2018

Redx, I t’s just so frustrating to not have a way to respond to this after the first letter other than to wait to be taken to court. It is absolutely the lack of control which is upsetting.

I will post again if I hear anymore before the 6 month deadline, but for now, thank you for taking the time to find and send that information.

The_Deep

I t’s just so frustrating to not have a way to respond to this after the first letter other than to wait to be taken to court. It is absolutely the lack of control which is upsetting.

Get your MP involved, he may be able to rattle a few cages.