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Indigo PN St. Albans Station

245

Comments

  • dirtdog
    dirtdog Posts: 33
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    Also, do amend your 1st post, where you have implied who was driving.

    Good point - thanks!
  • One further edit still needed. Word 25 of paragraph 2.
  • Re your 6th paragraph -
    "only the TOC can bring a charge for trespassing in the Magistrates Court........"

    The charge would not be for trespass. It would be for breach of the Railway Byelaw 14 (2)(ii) - parking otherwise than in accordance with the instructions. And there is nothing to stop a PPC from bringing a private prosecution if they were daft enough to want to. So I would leave this paragraph out if I were you. (Not that it matters because Indigo will ignore you anyway.)
  • dirtdog
    dirtdog Posts: 33
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    edited 28 April 2017 at 4:12PM
    One further edit still needed. Word 25 of paragraph 2.

    Thank you Autolycus2000. I cannot see the error - can you elaborate?
    Re your 6th paragraph -
    "only the TOC can bring a charge for trespassing in the Magistrates Court........"

    The charge would not be for trespass. It would be for breach of the Railway Byelaw 14 (2)(ii) - parking otherwise than in accordance with the instructions. And there is nothing to stop a PPC from bringing a private prosecution if they were daft enough to want to. So I would leave this paragraph out if I were you. (Not that it matters because Indigo will ignore you anyway.)

    Thank you Handbags-at-dawn I will remove the paragraph.
  • Change the word immediately after "aware" to be "he".
  • Coupon-mad
    Coupon-mad Posts: 130,624
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    You will win at POPLA, everyone does:

    http://forums.pepipoo.com/index.php?showtopic=113283

    HTH
    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
  • dirtdog
    dirtdog Posts: 33
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    Change the word immediately after "aware" to be "he".

    Got it - thanks!
    Coupon-mad wrote: »
    You will win at POPLA, everyone does:

    link removed - too few posts

    HTH

    That is very encouraging, thank you!

    I will update this thread with the progress so it can serve as a template for others.

    Many thanks to everyone for their very helpful comments.
  • dirtdog
    dirtdog Posts: 33
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    I went to https :// admin.parkindigo.co.uk/indigo/pcn.aspx (spaces addded to address as I cannot post URLs yet) to file the appeal online, but interestingly I do not have the information to file the appeal online it seems (even though my PN states that I can).

    The website asks for a VRM and a reference as they are printed on the notice.

    I cannot find that information on my notice.

    I will post the appeal instead.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    The charge would not be for trespass.

    But it would have to be for trespass. The ticket was purchased, displayed correctly, in time, the vehicle was properly licensed, and not causing an obstruction. What else could it be but trespass?
    You never know how far you can go until you go too far.
  • Trespass is a civil wrong - a tort. It's not a criminal offence per se.

    You can't be prosecuted in the Magistrates' Court for trespass unless some statute makes a particular form of trespass an offence. Eg. Part V Criminal Justice and Public Order Act 1994 created offences in connection with various forms of trespass, such as squatting (s 73).

    The charge could only be for breach of a Railway Byelaw. (It's arguable that failing to display isn't contrary to B14 (1-3), but that is the only thing the charge could be for.)
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