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Indigo penalty notice
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It's a start but it might be a good idea to show us your appeal first. You never know there might be an error in it.0
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Ok good idea. I have used the blue template basically and haven't included any info regarding the actual situation. I was also going to include the email confirming payment for the ticket but I'm not sure it's worth it.
Here it is -
August 23rd 2017
Dear Sirs
Re: PCN No. [ ]
I challenge this 'PCN' as keeper of the car.
I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.
Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.
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.
Yours faithfully,
Name and address of keeper
The keeper0 -
That's ok to use as it is. Be ultra careful with any drop down box. Check with us if you're not surePlease 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 Street0 -
Once you submit it get reading up on POPLA appeals. They should come back with a POPLA code and preparation is the key.
This sounds like byelaws may be in play so have a search for Indigo byelaws on the forum for an idea of how this plays out.0 -
At no point is the driver ever identified. Obviously, if there is a box saying "I AM THE DRIVER" then ticking it...identifies the driver. Even if it is by default ticked, you have to untick it. Check for it mysteriously ticking itself again.
FOr byelaws you need to appeal as late as possible. Your ONLY concern is getting it past the 6 months limit for magistrates court. If it IS byelaws land, then as your research will have shown you, the Keeper CANNOT be held lliable under POFA2012 - as it is not relevant land due to the byelaws - and POPLA WILL cancel the charge on this point alone.0 -
Thank you. Sorry need more help! I have unchecked the driver box and it says
"If you have not identified yourself as the driver at the time of the parking incident we are entitled to request details of the vehicle keeper from the DVLA and exercise our rights under section 4 of the Protection of Freedoms Act (POFA)."
and is now asking me to give driver details again - do i repeat A N Other etc?0 -
Leave it blank. If it won't let you put "not telling".0
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Ok many thanks and just to be doubly sure - I do put name and address on the template letter as keeper of the vehicle?0
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OK I dont know how many times you can be told this, but its clearly more than 4
do not, in any way shape of form, tell them the drivers identity. I do not care the specifics of how they ask the question, you jsut dont tell them.
The KEEPER appeals, so of course the KEEPERS name and address are used.0 -
Hi all,
Many thanks for all of your advice so far. Indigo rejected the appeal. I have started putting my appeal to POPLA together as follows:
1. No NTK has been served. Its day 59 today (penalty notice was received on July 28th).
2. Indigo has not shown that individual it is pursuing is the driver
3. Railway land is not relevant land.
4. No evidence of landowner authority
So that's obviously just bare bones at the moment. I am concerned however that we don't have a 'signage/ticket' point to rely on. My husband did, mistakenly, buy the wrong ticket online - it wasn't a season ticket and the signage in car park is clear. So do I just not mention that point at all?
Thanks very much.0
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