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Indigo railway PCN (not parked within marked bay)

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2

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  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    act thick , keep asking questions at 26 wks and a day tell them to do one
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

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

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 37,638 Forumite
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    andrew-ajc wrote: »
    I would rather do without the headache as I imagine I will start getting letters from debt collection agencies soon, but I understand this is all part of the process.

    Yes, we'd all rather do without this headache.

    Yes you will get debt collector's letters, but you will be ignoring those.

    Yes it is part of 'the process'.

    I imagine many people pay up just to get this annoyance - that's all it is, an irritating annoyance - to go away.

    Don't give in. Stay strong.
  • Handbags-at-dawn
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    It would be really helpful if you could post up the "letter of authority" from GTR.

    We haven't seen a recent one, and it would be interesting to see to see what it says now - in particular, if the authority is to Indigo Park Solutions or Indigo Park Services.
  • andrew-ajc
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    Thanks guys. I have attempted to share a link to the "letter of authority" I was sent by Indigo. Unfortunately as a new user I am unable to share the link on here.

    If you copy and paste the below into a browser it should work (may need to add https:// if it doesn't)

    drive.google.com/open?id=11UYggrDwi1lY-qttQ12vsPybStCByHHq

    If somebody else can who isn't a new user can re-post the link that would be ideal :)
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    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
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    Wow, am I reading that right?

    It confirms that Indigo can ONLY process personal data when performing 'pre-Action Services'...that's VERY useful, and shows why these cases never go to court and why the threat of Indigo taking legal action, is a lie.

    I would ask for Schedule 1 that's referred to there...it's not included so you need to know what Schedule 1 actually says.
    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
  • KeithP
    KeithP Posts: 37,638 Forumite
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    Interesting letter. Thanks.

    Paragraph 3) Personal Data states that Indigo are accessing DVLA data on behalf of GTR.

    Surely that's not right.

    Doesn't KADOE have something to say about that?
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    GTR are not registered as a PARKING company with the BPA/IPC so indigo are passing , or not passing info on , BUT to clearly state they are getting info for a non reg company should be fowarded to DVLA
  • Handbags-at-dawn
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    The instruction you are accused of disobeying must be "issued by or on behalf of an operator or an authorised person" - Byelaw 14(2) (ii).

    If you look at the bottom of the signs in the car park, you'll see that the instructions are issued by Indigo Park Solutions UK Ltd,, company no.02518720. They claim to be authorised by GTR for the purposes of the Railway Byelaws.

    This doesn't appear to be the case, as it's Indigo Park Services UK Ltd who have the authorisation. This is a different company with a different company number - 02362957. There is no evidence that Indigo Park Solutions has any more authority to issue instructions than Donald Duck.

    So even if you had parked outside a marked bay, you still can't be in breach of Byelaw 14 (2) (ii) because the instruction was not issued by an authorised person.
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