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Indigo/Train Station - Penalty Notice

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245

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  • G-Man10
    G-Man10 Posts: 21 Forumite
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    Thanks all. So, wait for the Notice to Keeper if it comes, lodge the best appeal possible at the latest date, and then keep delaying, ignoring, relying to delay until you get to six months. In between now and six months, I'd guess that the actual debt collector letters that will arrive will be just that, letters, and I won't have a big burly bloke on my drive...and once it gets to six months, I've got a feeling that letters still continue which isn't nice, but you just ignore them or tell them to stop because they've gone beyond six months?
  • financerulez
    financerulez Posts: 103 Forumite
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    Pretty much! You can use the template appeal for the newbies appeal or write one yourself telling them that as registered keeper you have no liability for byelaw land and suggest they contact the driver or owner directly.

    Yeah once the 6 months is up, you can hit them with the fact they can't bring a prosecution and now the matter is over. Then tell them if they persist with the letters you will bring a claim for harassment.
  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
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    Your initial post gives away too much information. Edit it to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people.
    I married my cousin. I had to...
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    All my screwdrivers are cordless.
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  • G-Man10
    G-Man10 Posts: 21 Forumite
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    Edited!

    I'll be careful with my appeal as well to use the correct terminology. Thanks.
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    the NTK will come from DR+ , the appeal site you go to will be DR+ , there will not be an appeal , just more threatening and intimidating letters

    take your time , there is no rush as there is no POPLa

    royal mail ping pong works well , emails are to fast ,
  • Hockey27
    Hockey27 Posts: 87 Forumite
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    You need to edit the OP more so there is no hint as to who was driving!
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    Hockey27 wrote: »
    You need to edit the OP more so there is no hint as to who was driving!

    actually , it makes no difference ,(in this case) this is bylaws and indigo will not start a case in a criminal court , and they cannot pass data to a non AOS company
  • G-Man10
    G-Man10 Posts: 21 Forumite
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    Thanks. Still unsure about whether to appeal the Indigo penalty notice towards the 28 days or wait for the NTK? If they don't get my details from the DVLA for the NTK then the matter would be closed but if I appeal before the NTK i'm not sure, maybe I could appeal without any address information etc...

    Anyway, just seen a successful appeal with Indigo. Something to do with a grace period and a couple of other matters. I know appeals often get rejected unfairly by Indigo i.e parking paid for but ticket fell off dashboard but because I just saw a thread with a successful appeal, I'm wondering whether I can try and add the grace period issue into the appeal as well. My ticket says the car was seen and ticket issued with 7 minutes time difference/grace period. Maybe I could chuck into the mix that the driver parked the car in the supposedly Premier Parking section, left the car to walk the 40/50 yards to read the sign at the entrance, spent five or so minutes trying to read the small font, and then returned to the car to move the car and find a different space outside of the permit section. I doubt they have access to CCTV to check this but again, I'm unsure. Just trying to figure out if there is a sneaky way to get the first appeal successful rather than drag the whole thing out. Always worth a try I guess, but don't want to weaken case!
  • Handbags-at-dawn
    Handbags-at-dawn Posts: 210 Forumite
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    edited 30 March 2018 at 2:16PM
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    Successful appeals with Indigo are almost unheard of - can you post up the link?

    As the others have said, if I were you I would wait for the Notice to Owner to arrive. Indigo are still accessing DVLA data. Sadly, the DVLA's assurance that they weren't, back in January, turned out not to be true. But anyway, it's still better to wait for the NtO as this strings out the time towards the 6-month prosecution deadline.

    The idea behind appealing the windscreen ticket (as keeper) on about day 27 is that some PPCs then forget to get keeper data from the DVLA, thus rendering the keeper liability provision under the Protection of Freedoms Act ineffective. However, since keeper liability under POFA doesn't apply on railway land anyway, there is no advantage in doing this.

    Also, their standard NtO and subsequent ZZPS threatening letters are so full of inconsistencies and downright lies it will give you all sorts of extra ammunition should the need to argue your case ever arise. For example, they assert in bold letters" "You may be legally liable for this offence as owner even if you were not the driver at the time. " That is complete nonsense. (Only the person in charge - ie the driver - can be guilty of an offence under Byelaw 14). False statements like this amount to misleading and aggressive actions and are prohibited by the Consumer (Protection from Unfair Trading) Regs 2008 as amended; and using DVLA-sourced data in this way would also foul of the Data Protection Act, Principle 1 ("data must be fairly and lawfully processed").

    Let them keep digging......
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    The entire idea for railway tickets is to get to 6 months. So you obviously wait as long as possible at every stage.
This discussion has been closed.
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