Indigo Appeal Rejected - did actually pay for parking!

pappa_golf · 2 January 2018 at 2:19PM

normally those 2 things would cause problems , HOWEVER the land comes under bylaws and indigo may just have a problem , bylaws over ride any rules made up by a parking Co

sit tight , and watch the letter chain unfold

selhurst_sound · 2 January 2018 at 2:37PM

pappa_golf wrote: »

normally those 2 things would cause problems , HOWEVER the land comes under bylaws and indigo may just have a problem , bylaws over ride any rules made up by a parking Co

sit tight , and watch the letter chain unfold

So just do nothing? And then 6 months from the original ticket it’s all over anyway?

Just checking as I have a very risk-averse fianc!e who is panicked by my ignoring these crooks!

nosferatu1001 · 2 January 2018 at 2:43PM

No, you chase indigo asking questions. Ping pong. You get it to 6 months them to them to fro

Same as EVERY byelaws thread involving indigo.

pappa_golf · 2 January 2018 at 2:44PM

http://forums.moneysavingexpert.com/showpost.php?p=73484923&postcount=4

answered by http://forums.moneysavingexpert.com/showpost.php?p=73484217&postcount=2

selhurst_sound · 2 January 2018 at 5:54PM

Thanks again guys. How's this then for my letter to Indigo? It will now have to be sent via post as the online appeals system now directs me to the debt collectors.

I challenge this 'PCN' as keeper of the car, following my appeal submitted via your online system on 4th December 2017 to which I have not received a response. My initial online appeal was rejected, and I would like to know why I was not provided with a POPLA code in this instance.
Furthermore, could you please confirm which byelaw covers the failure of your mobile app system to record a valid payment which can be proven to have been made?
I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.
Please note that in the event of you refusing to uphold this appeal, I require a POPLA verification code to enable me to access Alternative Dispute Resolution for an independent adjudication of my case - as is my legal right.
Should you refuse to provide me access to POPLA via this code again, I will require reasons why you are denying me my legal right. Be aware that I will raise your refusal with the DVLA, the DCLG, the DfT and my local MP.

pappa_golf · 2 January 2018 at 5:59PM

dont even bother

zzps are debt collectors , they have nothing to do with your case , you only deal with indigo or the TOC.

you have already tried your best , you can do no more

sit tight and follow the letter stream

pappa_golf · 2 January 2018 at 6:03PM

and PS , the BPA have allowed indigo/TOC cases NOT to be "tried" by POPLa , as its NON RELIVENT LAND and must be sorted at magistrates NOT thru them

if you contact the BPA , this is the reply you will get

"Thank you for your email.

I can see that in this instance, the charge was issued for a breach of the advertised terms and conditions by on privately owned Railway land. Charges issued on Railway land are referred to as Penalty Charge Notices because they will have been issued under railway Byelaws as well. Whilst I am sorry to learn if you were unhappy with the outcome of the appeal, it is not something I can address. The BPA has no authority to intervene in the appeals process.

As the charge has been issued on railway land, then please be be advised that the BPA has temporarily removed the requirement for our members to provide a POPLA verification Code when an appeal is rejected. This is due to complaints being made that POPLA are not able to oversee appeals made where railway Byelaws are concerned. Until a solution is found, if a motorist remains unhappy following an appeal’s rejection, they can appeal further via a Magistrates Court; our Code from which you have quoted does not reflect this at the moment as the decision is temporary. Unfortunately, as we cannot advise you how long the requirement will remain lifted, you will now need to use the Magistrate’s Court to appeal further.

The British Parking Association (BPA) has campaigned at length for clarity on the clauses in Railway Byelaws pertaining to parking to be improved, and the Government committed at a meeting in January to provide clarification but due to various circumstances, some beyond their control, this has not been forthcoming. In the meantime we will continue to work with Government to achieve a resolution to Railway Byelaws Clauses.

Please also be aware that when a charge remains unpaid, then in due course it will be escalated to debt recovery. This is standard procedure. The cost of the charge can increase as the debt collection agency add on their costs. With that in mind, I would suggest that you now either pay the charges, or seek legal advice to contest it via Magistrates court.

I hope this information is of use.

" contest it via Magistrates court."

only if the TOC presses charges!

selhurst_sound · 2 January 2018 at 6:31PM

pappa_golf wrote: »

dont even bother

zzps are debt collectors , they have nothing to do with your case , you only deal with indigo or the TOC.

you have already tried your best , you can do no more

sit tight and follow the letter stream

Thanks PG. Just to clarify though, I was proposing to send the letter to Indigo rather than ZZPS. I.e. to just continue the back and forth letter stream. Are you suggesting not to do this and just to remain silent until if/when court papers appear?

pappa_golf · 2 January 2018 at 6:45PM

you can play ping pong if you wish , play 20 questions , each one asking for specific info regarding the bylaws , ask them for copies of it or links

regarding your second question , normally if this was your own car and you had not given your full name and address , I / we would just say , hang on indigo cannot pass your info to the TOC

so , did you give your full name/address or did they go via the dvla/hire co / you ?

selhurst_sound · 2 January 2018 at 6:51PM

pappa_golf wrote: »

you can play ping pong if you wish , play 20 questions , each one asking for specific info regarding the bylaws , ask them for copies of it or links

regarding your second question , normally if this was your own car and you had not given your full name and address , I / we would just say , hang on indigo cannot pass your info to the TOC

so , did you give your full name/address or did they go via the dvla/hire co / you ?

Unfortunately I did give them my name in the "drivers details" section of the online appeal form. :doh:

Indigo Appeal Rejected - did actually pay for parking!

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