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Indigo railway parking notice

12467

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  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    ok , I expect they will falter when you demand a POPLa code

    this is the latest rubbish from Indigo

    "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."



    note the words "seek legal advice to contest it via Magistrates court.


    you have sought legal help , and now you will await the TRAIN OPERATING COMPANYs invatation to contest it via Magistrates court

    they will have to start court action (in order for you to contest) within 6 mths of the incident

    basically , as indigo cannot assist anymore , no point in dealing with them
    Save a Rachael

    buy a share in crapita
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
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    edited 20 December 2017 at 10:37PM
    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 motorist, of course, cannot use the Mags Court of their own volition, and if it ends up in the Mags Court, under prosecution by the TOC (not the PPC), the owner (note emphasis) or driver will not be appealing anything, they will be defending a criminal charge.

    As much smoke and mirrors from the BPA as from Indigo. The whole shooting match is a mess, with the motorist still remaining at the bottom of this particular food chain.
    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
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    12226qa.jpg
    Save a Rachael

    buy a share in crapita
  • Hi guys,
    Just drafting my second appeal to Indigo. I know it will be auto-rejected as these things tend to be, but I would like to be accurate nonetheless. Ive decided to go to town on them with POFA breaches.

    In my letter I am highlighting that the NtK was received (after 75 days). Should I refer to the date "on which the original PCN was issued to the driver", or should I refer to it as the "date of the alleged parking incident"?

    Not sure that it matters, so would be interested in views.
  • Coupon-mad
    Coupon-mad Posts: 131,404 Forumite
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    "date of the alleged parking incident", I favour.

    But seeing as the POFA cannot apply on this land, they were OK to send the first letter after 75 days purely because they didn't have to try to follow POFA deadlines or wording. It's irrelevant when they've described this as a 'byelaws penalty'.

    What I mean is, you can't say the NTK was served too late, because it wasn't.

    There is no applicable NTK deadline and no regulation at all of these fake penalties at railways.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • As always my thanks Coupon.

    I thought I had my head around this. The land is owned by the TOC, and so should be relevant land (ie not a public highway, and not controlled by a parking authority). Do I have this wrong?

    If they cannot rely on POFA to transfer liability to the Keeper, how do they do so? Is there another piece of legislation that applies?

    Every time I think I'm getting to a point where I do understand it all, an expert educates me again.
  • I just found a really clear explanation of this. Am I right in thinking that as it is a railway car park, it is under statutory control control - ie Byelaws?

    http://www.parkingcowboys.co.uk/byelaws/
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Yes, that’s what’s been said all along!
    They don’t have any legislation. The byelaws do not actually have any enabling legislation allowing for a penalty regime, and thevattemp to hold the owner liable is ultra vires.

    It’s a con. They’re essentially offering a contract not to take you to mags, but they don’t have the power to take to mags anyway.
  • My mistake. I thought that POFA sat alongside the Byelaws,

    So Byelaw 14 (4)(i):
    The owner of any motor vehicle, bicycle or other conveyance
    used, left or placed in breach of Byelaw 14(1) to 14(3) may be
    liable to pay a penalty as displayed in that area

    May? Is this where it comes down to legal precedence of magistrates decisions on prosecutions?

    And because and monies would go to govt, the PPC and TOC just arent interested?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    also add the fact that indigo , haveing got your info from the DVLA are not allowed to go spouting it to the TOC
    Save a Rachael

    buy a share in crapita
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