Final notice to keeper - Indigo

Xzibit_2

Hi all and happy new year as of tonight!

I have received a number of PCN's from Indigo parking for one of their ANPR rail way station carparks. They are all for failing to obtain a valid ticket. All of them have been appealed using the appeal template on the newbies thread as of November (this is a different template to the one currently on the sticky) and was expecting to get a POPLA code to appeal.

I have received 2 different types of letter of rejection. The first states that "As per an announcement of 20th September 2017, it is no longer a requirement for Indigo to offer an independent appeal via POPLA. This is following a review of the clarity of clauses in Railway Byelaws by the BPA and the Government." The second does not mention POPLA but states "You have now reached the end of our internal appeals procedure. Should you remain dissatisfied with this decision, you may further your appeal to ITAL within 28 days of this notice of rejection, details of which are available at asparking (co.uk)"

I have not seen any mention of this before, and can only find details of what to do with a POPLA appeal. Unfortunately due to travel I have not been able to submit any appeals to ITAL. I'm keen to know whether I have shot my self in the foot here?

Regarding my defence for the charges, I am lucky that a number of the PCN's were sent outside the 14 day as per Umkomaas's post: "Day 1 in the count is the day after the actual date of the contravention - 25th October. Effective date of service of the NtK is on the 2nd working day following the date the NtK is 'sent' (important description - 'issued' doesn't mean 'sent'). Protection of Freedoms Act 2012 9 (6) applies." which it is my understanding that it makes the charges void to the keeper. There are 3 PCN's which were sent within the 14 days which have also been appealed in the same manner.

I am now receiving the final reminders from ZZPS with £170 charges and would really appreciate some advice on what to do next. I have a valid defence for some of the charges but do not know how to communicate his to Indigo/ZZPS. I also would like to know whether I should pay the fines for the 3 PCN's which are within date?

Thanks,
Xzibit

waamo

If you read other Indigo threads you will see they are all bluff and bluster.

Each offence times out after 6 months. The idea is to now write to Indigo asking inane questions to string the process out. Indigo are surprisingly happy to help with this.

You first question could be querying why POPLA isn't available. Insist it is. The reply Indigo usually send leads to a host of other questions as it's unintelligible.

Ask one question at a time and ask slowly. Once every 3 weeks is good.

Fruitcake

DfT have told PoPLA that an independent appeal should be made available by all PPCs.
In addition, the Alternative Dispute Resolution Act 2015 states that ADR must be available for not less than a year.

Complain to the BPA, DVLA, and your MP that you are being denied access to an independent appeals process that is yours by right as instructed by act of parliament.
Copy the complaint to the parking scammers.

Umkomaas

You first question could be querying why POPLA isn't available. Insist it is. The reply Indigo usually send leads to a host of other questions as it's unintelligible.

When you raise this question, copy them a link to the POPLA page which confirms that POPLA is now available for railway car park tickets.

I'd take a screen shot of the page as POPLA can quite easily remove that statement should things hot up between them, the BPA and Indigo.

https://popla.co.uk

https://popla.co.uk/docs/default-source/default-document-library/popla-update-on-tickets-issued-for-alleged-breach-of-byelaws.pdf?sfvrsn=0

Johno100

I think we need to establish if some/none/all the alleged contraventions occured on or after 1 November 2018. The OP wont get a POPLA code for any prior to that.

Xzibit_2

Umkomaas wrote: »

When you raise this question, copy them a link to the POPLA page which confirms that POPLA is now available for railway car park tickets.

I'd take a screen shot of the page as POPLA can quite easily remove that statement should things hot up between them, the BPA and Indigo.

Thanks for all your advice. So basically this is all about stringing the process out for 6 months after the date of the offence. Where you mention sending Indigo questions, would you do this by email of post? My previous correspondence has been via post.

Johno100 wrote: »

I think we need to establish if some/none/all the alleged contraventions occured on or after 1 November 2018. The OP wont get a POPLA code for any prior to that.

Two contraventions occured after 1st November. One of these is void due to the PCN being sent after 14 days, one is valid as it was sent within 14 days. I have not received the appeal rejection letters for either of these PCN's yet.

waamo

You have been advised to go slowly. That means snail mail all the way. It forces them to go slowly too.

KeithP

Xzibit wrote: »

What is the relevance of 1st November?

Read that pdf that Umkomaas linked to for your answer.

Xzibit_2

waamo wrote: »

You have been advised to go slowly. That means snail mail all the way. It forces them to go slowly too.

Second class mail it is!

KeithP wrote: »

Read that pdf that Umkomaas linked to for your answer.

Thank you, I've just fully read it. Sorry if I'm asking obvious questions now, but can I stil stick to the above advise for all the PCN's, before and after Niovember 1st?

Redx

Xzibit wrote: »

Two contraventions occured after 1st November. One of these is void due to the PCN being sent after 14 days, one is valid as it was sent within 14 days.

I have not received the appeal rejection letters for either of these PCN's yet.

why would one be void and one valid due to 14 days ?

the 14 days only applies for POFA2012 on relevant land (private land)

none of POFA is valid for penalty notices issued under bylaws on railway land, so POFA does not apply and neither does keeper liability either (because POFA doesnt apply)

I suggest you bone up on POFA and what it applies to, plus more importantly, what it does NOT apply to (like invoice notices on railway car parks)


now take POFA2012 out of this equation, and please explain where you get this 14 day notice period from ? (when the TOC actually have 6 months to access the DVLA database and get a PENALTY charge notice out to the driver and go to MAGS court)

Fruitcake

The DfT have said that ADR should be offered. There is nothing in their letter to PoPLA to say it can't be offered retrospectively, and in any case the ADR Act 2015 says it should have been offered in the first place.

I would challenge the scammers and demand a PoPLA code for ALL the alleged events, especially as the DfT letter is dated June 2018.