Indigo

Jerrasee

Hi all,

I realise there's a thousand threads about Indigo and I have read through them previously. I just want to be sure I understand everything correctly.

I have had two PCNs from Indigo regarding non payment. Their application failed to make payment despite me getting a "payment success" popup in the app. I have a screenshot of one of these occasions.

I appealed without giving the driver or keeper details and attached the screenshot of the payment message, to which they rejected the appeal and said it's the customer responsibility to ensure payment had gone through.

I've now received a letter after a couple of months saying intention to prosecute under railway bylaws in a magistrates court. There is no popla code but I understand from other threads indigo no longer bother with popla.

Do I ignore the letter at this point? Or do I appeal this somewhere else?

Thanks in advance.

Artegal

There are indeed hundreds of Indigo threads but I've not seen any that have led to prosecution. Post up a redacted copy of your letter and the amazing experts will give you the benefit of their extensive knowledge.

twhitehousescat

just why would indigo want to waste money by taking you to (magistrates) court , there is nothing in it for them , any "fines" would go to government


and then there is a little thing called contract , theirs restrict them from starting court action

ps , what date was the one with court threats?

* pre or post ITAL

Coupon-mad

Their application failed to make payment despite me getting a "payment success" popup in the app. I have a screenshot of one of these occasions.

Yes it will time out after 6 months.

As this was due to a telephone app failure, it's one of the few PCN cases where you can say the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, apply:

http://www.legislation.gov.uk/uksi/2013/3134/regulation/13/made

Might be fun to string them along by replying to their suggestion that ''it's the customer responsibility to ensure payment had gone through'' by saying that the driver did, because the app said 'PAYMENT SUCCESS' but as they have clearly failed to comply with the law by withholding the mandatory information (as well as the app failing), you hereby reject and cancel any purported 'distance contract'.

Cite the Regs and watch them waste time swivelling, then you will be nearer to the 6 months:

Information to be provided before making a distance contract
13.—(1) Before the consumer is bound by a distance contract, the trader—

(a)must give or make available to the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and in a way appropriate to the means of distance communication used, and
(b)if a right to cancel exists, must give or make available to the consumer a cancellation form as set out in part B of Schedule 3.
(2) In so far as the information is provided on a durable medium, it must be legible.

(3) The information referred to in paragraphs (l), (m) and (n) of Schedule 2 may be provided by means of the model instructions on cancellation set out in part A of Schedule 3; and a trader who has supplied those instructions to the consumer, correctly filled in, is to be treated as having complied with paragraph (1) in respect of those paragraphs.

(4) Where a distance contract is concluded through a means of distance communication which allows limited space or time to display the information—

(a)the information listed in paragraphs (a), (b), (f), (g), (h), (l) and (s) of Schedule 2 must be provided on that means of communication in accordance with paragraphs (1) and (2), but

(b)the other information required by paragraph (1) may be provided in another appropriate way.

(5) If the trader has not complied with paragraph (1) in respect of paragraph (g), (h) or (m) of Schedule 2, the consumer is not to bear the charges or costs referred to in those paragraphs.

(6) Any information that the trader gives the consumer as required by this regulation is to be treated as included as a term of the contract.

(7) A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

Arguably, they 'changed' the distance contract by pretending you agreed to pay £100 and also, they gave unequivocal information in the 2 word message, 'PAYMENT SUCCESS', thus that is binding on them, I'd say.

Won't get you anywhere except nearer to your 6 months, but it'll be amusing to see their reply rejecting the idea of failure of their distance contract and saying you can't cancel it. I'd say the Distance Contract Regs say, oh yes you can.

Jerrasee

Big thanks to everyone who replied to my thread.
I've had several letters from ZZPS, the first of which I appealed, again providing no details. I had an email back with the standard template rubbish

I've now got a letter from QDR solicitors:
(I can't add links as a user user)
imgur[dot]com[slash]Oy5X86u

I'm guessing I just ignore this too?

KeithP

https://imgur.com/Oy5X86u

Yes, ignore it.

Jerrasee

Hello again,

I've received another letter from QPR. They have said they will look to go for a CCJ if I don't pay within 14 days. Is this anything to worry about? I've looked in newbies threads but can't find anything on CCJ threats, only what to do if you have one. I can't afford a CCJ going sideways as I'm trying to get a mortgage.

Thanks

KeithP

I've received another letter from QPR.

As before - ignore it.

It is definitely not a Letter of Claim as it only offers fourteen days to respond. It is therefore a debt collectors letter. Post #4 of the NEWBIES thread describes how to deal with debt collectors letters.

All debt collectors letters threaten CCJs and other nasties, but having read post #4 of the NEWBIES thread, you will know that they are harmless.

Psst... did it really come from Queens Park Rangers?

Coupon-mad

I've received another letter from QPR.

LOL, are you a season ticket holder then?!

twhitehousescat

just a quick question

did you appeal thru the ital website

Jerrasee

Thanks for all the replies and loling at QPR hahaha.


What is ITAL website?

I first appealed to Indigo directly, then I appealed to ZPSS via their website. I did not give details of driver or keeper at any time.