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  • FIRST POST
    • park_ranger
    • By park_ranger 15th Sep 17, 1:50 PM
    • 13Posts
    • 2Thanks
    park_ranger
    where are Indigo's terms and conditions?
    • #1
    • 15th Sep 17, 1:50 PM
    where are Indigo's terms and conditions? 15th Sep 17 at 1:50 PM
    I'm just starting the appeals process against Indigo for a penalty notice that claimed the driver breached code 7 - "Not parked fully within a marked bay/designated area"
    The car was parked with the inside of one wheel about 10cm over the white bay marking line, the other three wheels were well within the bay.

    The ticket says 'Appeals should be made in accordance with the terms and conditions of parking.

    Does anyone know where these terms and conditions are so that I can make sure I am in accordance with them? The only T&C on their web site are the T&Cs for using their app or their web site.

    Also does anyone know where a definitive list of breach codes may be found?'

    At the station car park there is a sign that refers to bylaw 14 (of what I'm not sure) and it shows several icons, one of which, with a red cross over it, shows a car parked almost diagonally over the line between two bays next to the words, "You must park within a single authorised parking bay or in a marked authorised area".

    This is not the same wording as the breach code they claim, in particular the word 'fully' is missing from the sign displayed in the car park.
Page 2
    • park_ranger
    • By park_ranger 28th Oct 17, 3:38 PM
    • 13 Posts
    • 2 Thanks
    park_ranger
    Ah yes, that's right. Six months or the end of the world, whichever comes first
    • park_ranger
    • By park_ranger 28th Oct 17, 3:41 PM
    • 13 Posts
    • 2 Thanks
    park_ranger
    Yep, a few more instances of 'dispute' in that. Thanks KeithP.
    I was intending quoting some of it in my email
    Last edited by park_ranger; 28-10-2017 at 3:46 PM.
    • park_ranger
    • By park_ranger 30th Nov 17, 2:49 PM
    • 13 Posts
    • 2 Thanks
    park_ranger
    Just a quick update.
    It's now over a month since I ignored the appeal rejection letter and more than two months since the alleged breach code. I've heard nothing more from Indigo and the registered keeper has not yet had a Notice to Keeper, so they are out of time with that as well as a means of obtaining driver details. I guess it's now just a matter of waiting another four months with my paper recycling bin handy for any debt recovery letters from official sounding companies.
    • nosferatu1001
    • By nosferatu1001 30th Nov 17, 3:05 PM
    • 2,851 Posts
    • 3,545 Thanks
    nosferatu1001
    File but ignpore debt recovery
    • pappa golf
    • By pappa golf 30th Nov 17, 3:05 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    parking Co,s have 6 mths to get info from the DVLA , obviously they will struggle with any POFa rubbish if late or over 56 days

    debt collection companies can do as they wish , however after a recent situation with TNC , the dvla stated that they were going to amend the situation to reflect PPCs , ie: 6 mths
    • park_ranger
    • By park_ranger 13th Jun 18, 8:05 PM
    • 13 Posts
    • 2 Thanks
    park_ranger
    Thanks to all who helped with this. I think the saga is now over.
    I got a letter from a company purporting to be a debt collection agency which tried to appear very threatening and increased what I had to pay still further (much to my amusement). I ignored that and then got a second letter from them which was more pleading than threatening and said if I don't pay them then they will advise their client to start court proceedings (also ignored). It's now been several months since that and I've heard nothing more and we are also now way past the 6 months the train company has.

    In a way I am a little disappointed as I was looking forward to seeing their letter before court action document and tearing it apart on several points, not least of which being the fact that no period of time has ever been given during which they claim they car was contravening a bylaw. Every document simply referred to a single point in time when the ticket was recorded. Still I guess it's all over now and I have been denied further fun... Thanks for all the good advice.
    • Umkomaas
    • By Umkomaas 13th Jun 18, 8:56 PM
    • 18,380 Posts
    • 29,092 Thanks
    Umkomaas
    Still I guess it's all over now and I have been denied further fun...
    But you might find them flip-flopping between byelaws and contract law. Not saying that you will get something further, but they (the PPC) have 6 years to press a civil case, so there's an outside possibility that you may not be denied 'further fun'.

    Any scent of wonga (albeit more faint than the usual parking charge) could see them have another dab at this. Do come back if they do ...... it could then be quite interesting.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Coupon-mad
    • By Coupon-mad 15th Jun 18, 12:03 AM
    • 59,507 Posts
    • 72,675 Thanks
    Coupon-mad
    If they are still sending debt collector threats beyond the 6 month limitation for penalties under byelaws to be pursued in Magistrates Court, you should involve the Information Commissioner (but word it well, they are pretty clueless and assume wrongly that 'keeper liability' applies to all private parking cases).

    As soon as Indigo or ZZPS or QDR demand money from a keeper or driver after the 6 months has passed to 'lay the case before Magistrates', then the demand is (from that date) unlawful, misleading in terms of liability, and the whole case then breaches the DPA, the KADOE, the BPA CoP and the Consumer Rights Act in one fell swoop.

    Ask in a formal complaint to the DVLA and copied to the BPA (emails are in post #5 of the NEWBIES thread) why the DVLA are letting Indigo get data then turning a blind eye to them using that data outside the six months?

    Tell the DVLA and BPA that you require a thorough answer and proper investigation because you will then be taking the matter to the Information Commissioner.

    Then do exactly that:

    A formal complaint online (easy to follow on the ICO website) about a DPA breach by Indigo an their agents, with the DVLA knowingly allowing this state of affairs to continue since 2017. And ask the ICO to consider the wider picture of all cases affected, including people misled by ZZPS, into paying Indigo when the limitation for laying a byelaws penalty before Magistrates is only six months.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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