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  • FIRST POST
    • bobthebuilder21
    • By bobthebuilder21 28th Jan 18, 2:53 PM
    • 19Posts
    • 3Thanks
    bobthebuilder21
    Indigo Appeal Rejection Railway
    • #1
    • 28th Jan 18, 2:53 PM
    Indigo Appeal Rejection Railway 28th Jan 18 at 2:53 PM
    Afternoon,

    It appears I have messed up! In essence, I had a monthly parking permit for an Indigo managed railway carpark but did not display the permit as for weeks I had done so [by accident!] without a ticket, but one day they decided to ticket me.

    Without reading the forum I appealed giving a copy of my permit and admitting to being the driver, providing my address etc [doh!]. I did this thinking common sense would prevail as I had a permit! However my appeal was rejected.

    It now appears I cannot appeal to POPLA as it was at a railway station [despite saying I can on the back of the PCN]. I have since seen on this forum Indigo are no longer requesting drivers details from the DVLA [but I have openly given these to them on appeal!] and I have also noticed that all the indigo parking conditions signs at the station have been removed [on purpose or vandalised?] but I did not mention this in my appeal!

    In essence, any independent assessor would deem this ticket unfair however I no longer have an appeal process and Indigo have my details that I gave them on appeal. Should I pay the reduced ticket or...?

    Thanks for your help!
Page 3
    • bobthebuilder21
    • By bobthebuilder21 10th Mar 18, 12:46 PM
    • 19 Posts
    • 3 Thanks
    bobthebuilder21
    On the above letters I notice a difference in wording/approach. The one my company paid calls it a "penalty charge" and referes to bylaws, court etc. Whereas the one I received calls it a "parking charge" and makes no reference to any bylaws?
    • Coupon-mad
    • By Coupon-mad 10th Mar 18, 1:22 PM
    • 57,452 Posts
    • 71,051 Thanks
    Coupon-mad
    ''we are here to help you resolve this penalty'' makes you want to throw up.

    I bet some victims actually pick the phone up and think that ZZPS are going to listen...
    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.

    • Handbags-at-dawn
    • By Handbags-at-dawn 10th Mar 18, 2:37 PM
    • 115 Posts
    • 243 Thanks
    Handbags-at-dawn
    That's interesting. Complaints have been made to the DVLA and BPA about Indigo confusing motorists by mixing up contract law and Byelaws enforcement and refusing to clarify the legal basis for their tickets. On 24th January the DVLA said in an email: "Indigo Parking have advised that they are not and have not for a number of months been requesting data while they are investigating the matter"

    When the untruth of this was reported to the DVLA, they came back on 7th Feb with: "As previously advised, Southeastern Trains have not been recovering parking penalties for some time. Indigo have made enquiries for other customers during this period." It was a rather unimpressive attempt to wriggle, obviously - but now it seems even this has been exposed as a lie. The Notice your company received and paid was dated 1st Feb. So Southeastern would have got your company's details (via Indigo) sometime between 13th December and 31st Jan.

    It is also interesting that the penalty your company paid increased to 127; but the second one, for a similar "contravention" at a similar time, is for 170. Did you receive any correspondence re the 2nd one, prior to the letter you've shown?

    Anyway, what to do? The usual advice is letter ping-pong until it times out. Several times recently Indigo have stated the ticket was for breach of contract yet they are pursuing the owner, not the driver. See eg here:http://forums.moneysavingexpert.com/showthread.php?t=5805822&highlight=indigo#topofpag e

    So I suggest these could be some of your questions:-
    1) Please clarify if the legal basis for the PPN is breach of contract or breach of the Railway Bylaws
    2) Please state if you are holding the owner, keeper, or driver of the vehicle as liable for the penalty;
    Then, later:
    3) Please identify the Byelaw which states that failure to display a permit is an offence;
    4) Please confirm that if the penalty is paid, neither the owner, keeper or driver will be prosecuted for the alleged offence. (Confirmation in writing from director level at Southeastern required)
    Last edited by Handbags-at-dawn; 10-03-2018 at 2:40 PM.
    • bobthebuilder21
    • By bobthebuilder21 10th Mar 18, 2:48 PM
    • 19 Posts
    • 3 Thanks
    bobthebuilder21
    Thank you for the replies, I've noticed the above comments from myself are a tad confusing so I will try and clarify:

    -I had a monthly parking ticket valid for the December '17 Period
    - 13/12/17 - I supposidly receive a PCN for invalid display - no PCN on my car therefore didnt know.
    - 20/12/17 - Got a PCN for invalid display which was affixed to my windscreen.
    - Late December - Stupidly appealed the 20/12/17 ticket admitting to driving on the basis that I had a permit - appeal rejected.
    - I then chose to ignore any future correspondance on the basis of the advice on the forum.
    - Febuary '18 - Receive email from work saying theyd paid my parking ticket. I obviously [stupidly] assume this is for the 20/12/17 as I had no knowledge of one being issued on 13/12/17. Annoyed, but I obviously just move on.
    - March '18 - First correspondance received for the appealed ticket on the 20/12/17 demanding 170, this isn when I double check and find out work paid for a PCN I didnt know existed! As its already been paid I cant check the photo to see if they attached a PCN in the first place.

    Is it worth appealing to Indigo/Southeastern? As obviously if I had got the PCN on the 13/12/17 I would have correctly displayed my monthly ticket before I then got the PCN on 20/12/17! Especially as the earlier ticket has been paid 'out of good will'...

    Sorry for the ramble, its a mess of a situation!
    • financerulez
    • By financerulez 10th Mar 18, 11:39 PM
    • 102 Posts
    • 186 Thanks
    financerulez
    Thank you for the replies, I've noticed the above comments from myself are a tad confusing so I will try and clarify:

    -I had a monthly parking ticket valid for the December '17 Period
    - 13/12/17 - I supposidly receive a PCN for invalid display - no PCN on my car therefore didnt know.
    - 20/12/17 - Got a PCN for invalid display which was affixed to my windscreen.
    - Late December - Stupidly appealed the 20/12/17 ticket admitting to driving on the basis that I had a permit - appeal rejected.
    - I then chose to ignore any future correspondance on the basis of the advice on the forum.
    - Febuary '18 - Receive email from work saying theyd paid my parking ticket. I obviously [stupidly] assume this is for the 20/12/17 as I had no knowledge of one being issued on 13/12/17. Annoyed, but I obviously just move on.
    - March '18 - First correspondance received for the appealed ticket on the 20/12/17 demanding 170, this isn when I double check and find out work paid for a PCN I didnt know existed! As its already been paid I cant check the photo to see if they attached a PCN in the first place.

    Is it worth appealing to Indigo/Southeastern? As obviously if I had got the PCN on the 13/12/17 I would have correctly displayed my monthly ticket before I then got the PCN on 20/12/17! Especially as the earlier ticket has been paid 'out of good will'...

    Sorry for the ramble, its a mess of a situation!
    Originally posted by bobthebuilder21
    Slightly confused - have your work paid both the tickets then?
    • bobthebuilder21
    • By bobthebuilder21 11th Mar 18, 8:24 PM
    • 19 Posts
    • 3 Thanks
    bobthebuilder21
    Sorry. I tried to make it simpler but seem to have confused it more..!

    The only ticket I knew about and appealed (from 20th) was the one that hasn't been paid and they are now chasing for.

    The ticket my work paid was one they was never on my car and therefore didn't know existed.its this one that because its been paid I can't see their photos to see if the pcn was ever affixed.

    Does the fact I've admitted to driving affect the chance of them coming after me for contractual breach or anything?
    • twhitehousescat
    • By twhitehousescat 11th Mar 18, 8:27 PM
    • 1,285 Posts
    • 1,740 Thanks
    twhitehousescat
    Sorry. I tried to make it simpler but seem to have confused it more..!

    The only ticket I knew about and appealed (from 20th) was the one that hasn't been paid and they are now chasing for.

    The ticket my work paid was one they was never on my car and therefore didn't know existed.its this one that because its been paid I can't see their photos to see if the pcn was ever affixed.

    Does the fact I've admitted to driving affect the chance of them coming after me for contractual breach or anything?
    Originally posted by bobthebuilder21
    they have stated bylaws?

    cant have there cake n eat it

    just make VERY VERY sure that this set of thieving scumbags to not write to your firm , and they then pay it , IT HAS HAPPENED BEFORE , as soon as they twig a soft touch company
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • bobthebuilder21
    • By bobthebuilder21 11th Mar 18, 8:31 PM
    • 19 Posts
    • 3 Thanks
    bobthebuilder21
    They haven't stated bylaws on this claim though only the one my company paid? Hence the difference in language and lack of bylaws being mentioned has made me cautious.
    • twhitehousescat
    • By twhitehousescat 11th Mar 18, 8:46 PM
    • 1,285 Posts
    • 1,740 Thanks
    twhitehousescat
    They haven't stated bylaws on this claim though only the one my company paid? Hence the difference in language and lack of bylaws being mentioned has made me cautious.
    Originally posted by bobthebuilder21


    signage will over ride a skum letter from zzps , cant have it both ways
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • financerulez
    • By financerulez 12th Mar 18, 11:24 AM
    • 102 Posts
    • 186 Thanks
    financerulez
    Post (or repost for clarity) all the correspondence (redacted so you don't give identity) you've had from them with relation to the one that is still open and ongoing (i.e. the one that doesn't mention byelaws).
    Last edited by financerulez; 12-03-2018 at 11:26 AM.
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