Fined for not purchasing ticket but operator prevented me from buying one

Another_Guy

Hi All,

Please can you advise if you think I have a chance with this appeal? Indigo have rejected my appeal and so I have a pending case with sparking.co.uk and waiting to hear back.

Short story
I parked in a car park, operator on phone refused to accept payments due to car park being closed but I was told by guy at the station in high visibility jacket I could park. Now received penalty "Failing to obtain a valid ticket or voucher".

Detail story

Parked at Three Bridges station car park at 6:00am on 10 Feb 2019 and man wearing a high visibility jacket in the car part told me that the car park was closed and instructed me to park on the other side of the car park where there were a few cars already park and has some available car parking. As instructed, I immediately moved my car to advised location.

Please note that this conversation would have likely been recorded by my dashcam.

I was having difficulties paying using the Indigo app and had to catch a 6:13am train to London Bridge station. So I eventually left the car, got on the train and rang the phone number to make a payment via telephone (0330 123 5247) at approximately 6:18am, assuming there was either a problem with the app or my mobile.

The receiver of the call from Indigo Park Solutions UK Limited told me that this car park was closed and were therefore unable to accept payments on their system for that location. I then responded saying I am on the train to London so I would not be able to move the card immediately and stated that I was mis-instructed to park my car at that location. The man on the call then asked for my car registration details so he has this inquiry on records and advised me to ring back if I encounter any further problems when returning.

I returned to my car that afternoon where it was park and to find that it was neither clamped nor had a penalty ticket issued which gave me the impression that the man on the telephone had already dealt with the issue. I drove home and decided not to review and backup the dashcam footage.

I received a letter notice for penalty in the post on 4 March 2019 (almost a month later) which is dated for 22 Feb 2019, !for failing to make payment for parking which the receiver on the phone on 10 Feb 2019 prevented me from paying.

I note that I was misguided from making a payment which I had fully intended to make when I called the car park company.

waamo

It's indigo at a railway station. Ignore it.

Umkomaas

waamo wrote: »

It's indigo at a railway station. Ignore it.

Read some of the other Indigo railway threads/posts on the forum, especially the latest part of this labyrinth of confusion in the shape of their very own 'independent' second stage appeal service - ITAL - which has very quickly proved they are anything but independent, and our advice is not to bother with them.

Using keywords 'Indigo Railway', do a forum search and look at some of the more recent threads/posts to understand the game you're now in.

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

Coupon-mad

Agreed, same as all the other Indigo railway threads. No advice needed. Ignore them.

Another_Guy

Hi All,

After my appeal being rejected by indigo I've gone to the 2nd stage via asparking and heard back from them (asparking) and been informed my appeal has been rejected and that the person in a high visibility jacket was not in authority to advise me I can park there (how was I supposed to know that!).

Reading all the posts I understand ignoring the threats and waighing it out for 6 months is the best option but slightly nervous about taking this approach.

To test the waters I would like to respond back with something like below:

"Thank you for your response regarding appeal xxxx / parking fine no. xxxx

I'm unsatisfied with your desision and wish for this matter to be dealt with through a magistrates court case.

I will be ignoring all other letters and threats to make payment."

if I get a response back just threatening payment or to take legal action this will confirm they are just playing scare tactics on me. This way i would feel more comfortable ignoring further letters (unless it's from the magistrates court) because I've stated where I want to proceed next.

what are your thoughts and how should I word this?

waamo

I really don't know why you appealed. It's the worst thing you could have done.

The_Deep

This is not a fine, this is an invoice for the damage they allege they suffered when you breached an allege contract, we call it a scam.

Complain to your MP. They are very familiar with the MO of these scammers and on 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Another_Guy

I appealed thinking I had a good case following suggestion given on telephone conversation by citizens advice. Unfortunately I didn't discover multiple threats on the forum about indigo until after.

KeithP

So when you appealed to ASParking you supplied them with the owner's/driver's name and address and date of birth. That's all they need to prosecute in the Magistrates Court.

Every reply you received said to ignore them.

Bad move.

waamo

Sadly by appealing you will have given your details to the one body that can initiate prosecutions. The good news however is that we haven't heard of it ever happening so far.

The best course of action at this point would be to engage Indigo in mail ping pong. Write to them asking inane questions such as can you appeal to POPLA? Why can't you? You don't understand their answer can they repeat it in different language etc.

Coupon-mad

This is an example of what not to do, when advised to IGNORE INDIGO.

Probably nothing will come of it within 6 months but appealing and ringing the CAB goes against all our advice, you only had to search the forum for CAB to see why their advice is utterly USELESS regarding parking charges & penalties from the likes of firms like Indigo.

The CAB have no clue and frankly I find it embarrassing that they don't.

The subject isn't exactly difficult to understand with a bit of research; all of us regulars get it and most of us are not legally trained. and we understand the difference between what Indigo can't do at railway car parks compared with what they can do at Hospitals etc (i.e. in the latter locations they can sue people).

The difference is important to understand, and is why we say IGNORE THEM.