Indigo Penalty Notice

japster999

Hi All,

My very 1st post so go easy on me...

I've had a read through the FAQ and I'm just need to confirm what I have in my head is the right way to go about this.
The driver of a vehicle had paid for a week long ticket through the Indigo parking app. When the driver parked this morning all available spaces had been taken. With time pressing and the driver aware that they should not cause an obstruction to traffic flow or to park in a dangerous spot he/she decided to park at the end of a bay. On returning to the vehicle the driver noted that a Penalty notice has been placed not only on that vehicle but many others in the same predicament (approx 6). The Penalty notice states that it has been issued due to a breech of code 3; "Parked in an unauthorized area".

With that in mind can I use the normal template for the appeal letter that I will send via recorded & signed for on the 26th day?

I take it I then sit back and "pad it out" for 180 days until the notice becomes void? Is it also worth issuing a F.O.I request in to Indigo to find out how many vehicles have been issued a Code 3 in the last year and also how many of these have already paid for the privilege to park as this could possibly add weight to my cause?

Cheers

Jap

KeithP

japster999 wrote: »

...I will send via recorded & signed for...

Never ever use any form of post that requires a signature when writing to a parking company.

All that does is allow them to refuse delivery.
Proof of non-delivery is not quite what you want.

Use standard 1st class and get a free Certificate of Posting from the Post Office counter.

The item is deemed delivered two working days later.

japster999

KeithP wrote: »

Never ever use any form of post that requires a signature when writing to a parking company.

All that does is allow them to refuse delivery.
Proof of non-delivery is not quite what you want.

Use standard 1st class and get a free Certificate of Posting from the Post Office counter.

The item is deemed delivered two working days later.

You learn something new each day!
Thanks Keith.

Fruitcake

The 180 days is only relevant if this was a railway station car park where byelaws apply.
You haven't said where the alleged event occurred.

FOI requests are only for government bodies, not private scumpanies. You could send an SAR as per the NEWBIES, but you can only ask about the keeper's data, not anyone else's.

Umkomaas

With that in mind can I use the normal template for the appeal letter that I will send via recorded & signed for on the 26th day?

You only send by post (following KeithP's advice above) if the Indigo ticket placed on your windscreen allows that method. You must follow their instructions on the way Appeals should be submitted, otherwise they could deem you not to have made an appeal.

If posting is approved, day 26 is very tight. With a Cert of Posting, it will be deemed to be delivered by the second working day following. If day 26 is either a Thursday or Friday, the deemed day of delivery will be Monday or Tuesday - missing the Indigo deadline of 28 (calendar) days.

Does the windscreen ticket not offer an online appeals option?

japster999

Hi All,

Thanks for the responses. The answers are below for Fruitcake & Umkomass questions.

A1. The alleged incident occurred at railway station car park. So from this I take it the 180 days applies?

A2. There is both an online and postal method of making an appeal. I'll look to make an online appeal via their web page.

Is there anything else I need to take into account?
Thanks

Jap

Coupon-mad

A1. The alleged incident occurred at railway station car park. So from this I take it the 180 days applies?

Well it's 6 months not 180 days, and only for PCNs called PENALTY CHARGE NOTICES (we know Indigo's are misleadingly called exactly that, so yes, they soon time out).

A2. There is both an online and postal method of making an appeal. I'll look to make an online appeal via their web page.

No point but if you are not a comfortable 'ignorer' then do what you like to while away the 6 months. email tennis costs nothing.

Is there anything else I need to take into account?

The ignore option, you seem so keen to 'do something' and really it is a waste of time and bother!

waamo

How much do scary letters frighten you? You will get loads but in reality that is all they can do. The letters sound very scary but given it is the extent of their powers there would be little point sending them if they weren't scary.

Ignoring them is by far the best option.

twhitehousescat

japster999 wrote: »

Hi All,

Thanks for the responses. The answers are below for Fruitcake & Umkomass questions.

A1. The alleged incident occurred at railway station car park. So from this I take it the 180 days applies?

A2. There is both an online and postal method of making an appeal. I'll look to make an online appeal via their web page.

Is there anything else I need to take into account?
Thanks

Jap

yes , take your time , appeal and ask for ital access code , waste time with ITAL appeal

waste time


here is an ital appeal I wrote earlier ,

Shall I compare thee to a summer’s day?
Thou art more lovely and more temperate.
Rough winds do shake the darling buds of May,
And summer’s lease hath all too short a date.
Sometime too hot the eye of heaven shines,
And often is his gold complexion dimmed;
And every fair from fair sometime declines,
By chance, or nature’s changing course, untrimmed;
But thy eternal summer shall not fade,
Nor lose possession of that fair thou ow’st,
Nor shall death brag thou wand’rest in his shade,
When in eternal lines to Time thou grow’st.
So long as men can breathe, or eyes can see,
So long lives this, and this gives life to thee.


just like any appeal you make to indigo or ital , you will loose with it

Woppyman72

Hi,

I've successfully defended a number of my friends with parking invoices with the assistance of this awesome community. I'm now involved with Indigo/ZZPS due to an alleged Railway Byelaw breach by an unidentified driver.

Whilst I know the do nothing approach is extremely valid, I thought my letter may help others who feel obliged to engage in email ping-pong...

Dear Mr X

Thank you for this correspondence confirming that Indigo Parking has not upheld my appeal.

I note that an alternative appeal is suggested in the email… “You have now reached the end of the internal appeals procedure. Should you remain dissatisfied with this decision, you may further your appeal to The Appeals Service, within 28 days of this notice of rejection, details of which are available at https://www.asparking.co.uk”.

My enquiries have revealed that ‘ASParking’ is affiliated with a company specialising in debt collection for offences such as fare evasion for Train Operating Companies. I am of the opinion they will not offer an independent appeals service. I also note there is an independent appeal service operated by Ombudsmen Services but I am disappointed that the BPA has elected not to partake in this scheme.

After taking legal counsel the following is my position;

Several times in the letter rejecting my appeal you state that the driver of the vehicle has several obligations with regard to parking at the site in question. As I am the keeper, not necessarily the owner of the vehicle and certainly not the driver my position is I have not committed any criminal offence. I am also doubtful that the driver of the vehicle has committed any criminal offence due to the unclear signage at the site and the vague nature of the Byelaw being quoted.

On the basis I have committed no offence and certainly not one that could be evidenced in a court of law, I do not accept your company's offer to settle this matter by submitting a fee. The sole purpose of this fee appears to be a bribe to prevent Indigo Parking Solutions from recommending to the Train Operating Company that criminal proceedings are commenced.

I also do not grant you permission to share my personal details with the Train Operating Company. As no offence can be reasonably expected to have occurred by myself, the keeper of the vehicle, then I would consider any sharing of my personal information with a 3rd Party such as the TOC a breach under the General Data Protection Regulations that supersede the Data Protection Act of 1998.

A GDPR breach can attract fines by the ICO of up to 4% of a company’s annual turnover. Based on the public accounts of Indigo (Net Income Before Tax in 2017 of 76.4M), the penalty could be over £3M.

I consider this matter closed from my perspective,

Yours sincerely,

The Woppyman

Artegal

Ha ha, that’s brilliant. Please let us know what response you get.