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Indigo - appeal to pcn or wait for NtK?

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Comments

  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
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    Private parking companies aren't allowed to issue penalties or fines, are they???
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • waamo
    waamo Posts: 10,298 Forumite
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    MalMonroe wrote: »
    Private parking companies aren't allowed to issue penalties or fines, are they???

    No but they aren't issuing a penalty or fine. What they are offering is for £100 they won't tell the train operating company it was you that broke the rules.

    It's an offer to pay a fixed amount to them in order to avoid prosecution where they get absolutely nothing.
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    waamo wrote: »
    No but they aren't issuing a penalty or fine. What they are offering is for £100 they won't tell the train operating company it was you that broke the rules.

    It's an offer to pay a fixed amount to them in order to avoid prosecution where they get absolutely nothing.

    but but mister ,,,,,,,,,,,,, under DVLA rules they cant pass your info on to train company

    are they telling "porkie pies" and deceiving people?
  • waamo
    waamo Posts: 10,298 Forumite
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    twhitehousescat wrote: »
    but but mister ,,,,,,,,,,,,, under DVLA rules they cant pass your info on to train company

    are they telling "porkie pies" and deceiving people?

    I couldn't possibly comment. I did hear a rumour that Melton Mowbray was celebrating. Apparently some French geezer has been buying their famous products by the shed load.
  • Coupon-mad
    Coupon-mad Posts: 131,567 Forumite
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    MalMonroe wrote: »
    Private parking companies aren't allowed to issue penalties or fines, are they???

    The BPA reckons they (particularly Indigo, and ParkingEye) can do what they like...it seems to us.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jac265
    jac265 Posts: 31 Forumite
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    Thanks everyone. This is the link to my reply from DVLA.
    IMG
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    that letter is a load of %%67cks , the are quoting POFa , whereas this compsany are not using it , nor cv is the land relivent

    the other thing , by using Kodoe access to get data , they must be pursuing a PARKING charge , all companies using Kodoe , must be in an ATA and offer an ADR

    that letter is Soooooooooooo wrong

    DVLA need challenging , v888/2 is for companies getting data , v888/3 and Kodoe are specific to PARKING
  • financerulez
    financerulez Posts: 103 Forumite
    Now you 'know' they are relying on you naming the driver. They have stated the reasonable cause as breach of private t&cs - not breach of a byelaw. There's no keeper liability for this land, and you haven't named the driver, so guess what, you win.

    Perhaps a response to the DVLA telling them that Indigo are blending together criminal and civil law in an attempt to confuse consumers, and remind them that they have revoked access for this before. Also copy in the BPA.
  • Coupon-mad
    Coupon-mad Posts: 131,567 Forumite
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    edited 9 April 2018 at 9:23PM
    Definitely write back and call the DVLA out on citing the POFA when that is wholly misleading, cannot apply on railway land. Call them put on sending you template drivel excuses about being robust wardens of your data when they are nothing of the sort and should never have agreed to give data to private firms at all; an industry which has run away with the data, laughing all the way to the bank, abusing it every day to make registered keepers' lives a misery. Thanks to the DVLA.

    And ask why was the electronic KADOE link used to issue a Penalty Charge Notice, which was issued by a different company than the one which requested the data ('Solutions UK' as opposed to Services Ltd).

    Ask why Indigo are being allowed carte blanche to get data under excuse of 'contract breach on private land' when the PCN they then issue, says nothing of the sort, according to the PENALTY NOTICE. Complain also, that they then shared that data with another company (Services Ltd) and are passing their charge off as if it was issued under byelaws in order to duck POPLA.

    State that you require your contact to be registered as a formal complaint and that you intend to refer the complaint to the Information Commissioner, because the DVLA has taken no reasonable steps in your case at all, and has replied in a way that shows they use template letters to pay lip service to looking after motorists data, and carry out no checks whatsoever, even when replying to complaints.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 41,342 Forumite
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    edited 9 April 2018 at 9:39PM
    Link to the DVLA response, should anyone wish to read:

    https://www.dropbox.com/sh/l9ud1imygavk4hw/AAD_50qV9K5G0iOoZP_dMCyHa?dl=0&preview=Photo+07-04-2018%2C+17+14+06+(1).jpg

    Utter BS. How on earth can an 'individual put his or her case to the courts' when it is clear that no one can take the case to 'the courts'? The RK can't do that of his/her own volition in the context of the PCN - maybe so in terms of harassment, but not able to do anything regarding the PCN per se.

    Why are the DVLA constantly 'hiding' on anything to do with private parking? Amazing what £2.50 (modern-day 30 pieces of silver) will do!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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