Indigo no offer of Popla

Patient79 · 20 November 2018 at 6:47AM

Only recently discovered this forum and have already (unsuccessfully)appealed.
And have received rejection letter
Background:
Car was parked at train station with ANPR
Parking was paid for online but purchased later in day before leaving, therefore connect cashless system only enabled reduced day rate to be purchased

Letter received in post by keeper advising of fine due to failure to obtain valid parking

Appealed via online form. Didn’t name driver at time and merely noted their T&C require parking to be purchased, it was but their system doesn’t provide a facility to pay for whole day pre leaving. Their T&C require only non anpr car park users to obtain it before leaving car.

Appreciate I naively thought a reasonable person would see and realise oh dear we introduced anpr but didn’t update our parking systems to allow payment up to any time pre departure . That was before reading this forum.

I have now received via email a pdf letter upholding the penalty notice signed off with :

“You have now reached the end of our internal appeals procedure.
As per an announcement from the British Parking Association on 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 the Clauses in Railway Byelaws by the BPA and the Government”

So my question is what do I do now? having read the other threads it appears the aim is to get to the 6 month point. But there were lots of refs to Popla which appears to be off table here. Do I respond to this letter?

.

nosferatu1001 · 20 November 2018 at 9:49AM

Yes, the entire point is to keep asking them quesitons

So depending on what they allege happened the KEEPER needs to keep on pointing out flaws - so if they said no ticket was displayed and that was a breach then point out it isnt, ask how they intend to chase avehicles keeper when only a driver is potentially liable, whether this is an offer to avoid prosecution by paying this amount, whether they can actually file a claim in the magistrates court and if they did, would they get the money, etc.

Fruitcake · 20 November 2018 at 10:25AM

The DfT have told PoPLA that an independent appeals system must be allowed.
The BPA have told parking scammers to offer PoPLA from November the first 2018.

You should complain to the BPA, DVLA, and Indigo that they are not following DfT guidelines, nor the Alternative Dispute Resolution Act 2015 that states ADR must be offered for not less than a year.

Please also complain to your MP about this unregulated scam following the info you will find in post 1 of the NEWBIES.

The_Deep · 20 November 2018 at 10:41AM

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..

Umkomaas · 20 November 2018 at 10:45AM

The OP might just be caught in the crossover between the two arrangements.

twhitehousescat · 20 November 2018 at 11:05AM

yup however they backdated and adjudicated on all old ones ?

not a case of popla now being given , it always was , bpa chose not to , the law cannot the altered or made by the BPA

Fruitcake · 20 November 2018 at 11:08AM

I am of the opinion that the opportunity to make a valid complaint about a parking scammer should not be missed.
It also means that the OP will not be left in limbo or forgotten about completely by poking the PPC.

waamo · 20 November 2018 at 1:29PM

Relax. Even if you ignore it there is nothing they can do. The contract Indigo have doesn't allow them to do anything other than send scary letters.

In saying that as above any grounds to complain are good. Complain to the BPA and your MP. Copy Indigo in so they have to do something.

By the time they have dealt with the complaints it may well have timed out.

Coupon-mad · 21 November 2018 at 2:55AM

You need to read the thread I started about Byelaws cases, and reply demanding that POPLA code.

Indigo no offer of Popla

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