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  • FIRST POST
    • Norries
    • By Norries 7th Mar 18, 2:07 PM
    • 7Posts
    • 4Thanks
    Norries
    Indigo Station Parking 'Fine'
    • #1
    • 7th Mar 18, 2:07 PM
    Indigo Station Parking 'Fine' 7th Mar 18 at 2:07 PM
    I have read and re read the Newbies post,

    I am still unsure of the action and what defence I would have.

    I also foolishly appealed on the indigo site probably giving away the driver, before googling about these scum bags, after not even considering my second appeal and removing my 14days lower rate payment option.

    Background info.
    I received a ticket in a station carpark, the ticket machine wasn't working properly so I used the text to pay as I got on the train, costs more. (but work pay for it)
    Then I find the text to fail to send repeatedly (have used many times before) and figure it was a problem their end as the machine was down as well (I foolishly have no evidence of this). I had meant to try and call the help line but as I was at work I didn't manage to.
    So usual story I get hit with a fine on my window when I get back to my vehicle.

    Points I would like to clear up..
    Is the payment to Indigo a 'fine' or 'invoice' ?
    Is it likely I will be taken to court with in the 6months over a single fine?
    Is there any ground in court for the case to be thrown out if they cannot prove their machines/text system was not to blame in my failed attempted to pay?





    This is the reply I get from my second appeal, which was cancelled with out my knowledge and removed my right to the discounted rate....

    Dear Customer,

    Please find enclosed the outcome of your appeal you have reached the end of our internal appeals process and as such we will not be considering your second appeal.

    As per an announcement from the British Parking Association on 20th September 2017, it is no longer a requirement for Indigo to offer an independent appeal via POPLA. This is following a review of the clarity of the Clauses in Railway Byelaws by the BPA and the Government. If motorists remain unhappy following this appeal rejection, the final decision can be made at a Magistrates Court.


    Kind Regards,

    A. Andrews
    Customer Support Advisor

    PO BOX 2466, Watford, Hertfordshire, WD18 1XH
    Tel: 0330 123 5 247
    customersupport.uk@group-indigo.com
Page 1
    • waamo
    • By waamo 7th Mar 18, 2:11 PM
    • 3,411 Posts
    • 4,553 Thanks
    waamo
    • #2
    • 7th Mar 18, 2:11 PM
    • #2
    • 7th Mar 18, 2:11 PM
    The long and short of it is ignore them from now on.

    This post explains it all clearly http://forums.moneysavingexpert.com/showthread.php?t=5803499
    This space for hire.
    • twhitehousescat
    • By twhitehousescat 7th Mar 18, 2:29 PM
    • 1,378 Posts
    • 1,852 Thanks
    twhitehousescat
    • #3
    • 7th Mar 18, 2:29 PM
    • #3
    • 7th Mar 18, 2:29 PM
    I have read and re read the Newbies post,

    I am still unsure of the action and what defence I would have.

    I also foolishly appealed on the indigo site probably giving away the driver, before googling about these scum bags, after not even considering my second appeal and removing my 14days lower rate payment option.

    Background info.
    I received a ticket in a station carpark, the ticket machine wasn't working properly so I used the text to pay as I got on the train, costs more. (but work pay for it)
    Then I find the text to fail to send repeatedly (have used many times before) and figure it was a problem their end as the machine was down as well (I foolishly have no evidence of this). I had meant to try and call the help line but as I was at work I didn't manage to.
    So usual story I get hit with a fine on my window when I get back to my vehicle.

    Points I would like to clear up..
    Is the payment to Indigo a 'fine' or 'invoice' ?
    Is it likely I will be taken to court with in the 6months over a single fine?
    Is there any ground in court for the case to be thrown out if they cannot prove their machines/text system was not to blame in my failed attempted to pay?





    This is the reply I get from my second appeal, which was cancelled with out my knowledge and removed my right to the discounted rate....

    Dear Customer,

    Please find enclosed the outcome of your appeal you have reached the end of our internal appeals process and as such we will not be considering your second appeal.

    As per an announcement from the British Parking Association on 20th September 2017, it is no longer a requirement for Indigo to offer an independent appeal via POPLA. This is following a review of the clarity of the Clauses in Railway Byelaws by the BPA and the Government. If motorists remain unhappy following this appeal rejection, the final decision can be made at a Magistrates Court.


    Kind Regards,

    A. Andrews
    Customer Support Advisor

    PO BOX 2466, Watford, Hertfordshire, WD18 1XH
    Tel: 0330 123 5 247
    customersupport.uk@group-indigo.com
    Originally posted by Norries


    thats nice of then to say that

    1: indigo cannot bring charges in a magistrates court for a bylaw offence


    2: indigo cannot pass your info to a non member of BPA/IAS


    sit back and collect toilet paper , they have CLEARLY stated no POPLa as its BYLAWS , so cannot swop /change at a later day


    count the 6 mths off
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Umkomaas
    • By Umkomaas 7th Mar 18, 2:30 PM
    • 18,024 Posts
    • 28,551 Thanks
    Umkomaas
    • #4
    • 7th Mar 18, 2:30 PM
    • #4
    • 7th Mar 18, 2:30 PM
    If motorists remain unhappy following this appeal rejection, the final decision can be made at a Magistrates Court.
    I'd be inclined to write back and ask them how this can be arranged. I'd love to see their response.
    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.
    • twhitehousescat
    • By twhitehousescat 7th Mar 18, 2:47 PM
    • 1,378 Posts
    • 1,852 Thanks
    twhitehousescat
    • #5
    • 7th Mar 18, 2:47 PM
    • #5
    • 7th Mar 18, 2:47 PM
    looks like indigo have now pinned themselves into a corner , and hoping that many 1000s will simply pay up


    we need someone to hire those big display vans and park up near railway stations , and explain to people , in fact i nominate that the BPA pay for signs on the tube system

    actually we need to complain to the ASA

    indigo are threatening what they are not allowed to threaten , false adve3rtizing !!!
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Johno100
    • By Johno100 7th Mar 18, 3:46 PM
    • 3,763 Posts
    • 4,429 Thanks
    Johno100
    • #6
    • 7th Mar 18, 3:46 PM
    • #6
    • 7th Mar 18, 3:46 PM
    indigo are threatening what they are not allowed to threaten , false adve3rtizing !!!
    Originally posted by twhitehousescat
    And I'd suggest a clear breach of the BPA's Code of Practice.

    14 Misrepresentation of authority

    14.1 You must give clear information to the public about what parking activities are allowed and what is unauthorised. You must not misrepresent to the public that your parking control and enforcement work is carried out under the statutory powers of the police or any other public authority. You will be breaching the Code if you suggest to the public that you are providing parking enforcement under statutory authority.

    14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as 'fine', 'penalty' or 'penalty charge notice'.
    Last edited by Johno100; 07-03-2018 at 3:48 PM.
    • Coupon-mad
    • By Coupon-mad 7th Mar 18, 4:01 PM
    • 58,549 Posts
    • 72,050 Thanks
    Coupon-mad
    • #7
    • 7th Mar 18, 4:01 PM
    • #7
    • 7th Mar 18, 4:01 PM
    removed my right to the discounted rate....
    That's good then. We wouldn't want you paying anything. The MSE discounted rate is 100% free.

    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.

    • twhitehousescat
    • By twhitehousescat 7th Mar 18, 4:02 PM
    • 1,378 Posts
    • 1,852 Thanks
    twhitehousescat
    • #8
    • 7th Mar 18, 4:02 PM
    • #8
    • 7th Mar 18, 4:02 PM
    And I'd suggest a clear breach of the BPA's Code of Practice.
    Originally posted by Johno100
    do you want to tell the BPA , or have I to do it?
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • The Deep
    • By The Deep 7th Mar 18, 4:05 PM
    • 9,514 Posts
    • 9,285 Thanks
    The Deep
    • #9
    • 7th Mar 18, 4:05 PM
    • #9
    • 7th Mar 18, 4:05 PM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

    Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.
    You never know how far you can go until you go too far.
    • fisherjim
    • By fisherjim 7th Mar 18, 6:39 PM
    • 3,022 Posts
    • 4,603 Thanks
    fisherjim
    This is following a review of the clarity of the Clauses in Railway Byelaws by the BPA and the Government.
    Originally posted by Norries
    Really, did I miss that one in the House of Commons debate?
    • Coupon-mad
    • By Coupon-mad 7th Mar 18, 6:45 PM
    • 58,549 Posts
    • 72,050 Thanks
    Coupon-mad
    I think the Dept for Transport has indicated some changes to the BPA, could be wrong. Can't recall where I read it but AIUI, the BPA has lobbied Government trying to get some sort of change so that byelaws land can have private charges.

    Honestly if I did that for a living, lobbied for the private parking industry, I would be deeply ashamed.
    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.

    • financerulez
    • By financerulez 7th Mar 18, 6:57 PM
    • 103 Posts
    • 187 Thanks
    financerulez
    I think the Dept for Transport has indicated some changes to the BPA, could be wrong. Can't recall where I read it but AIUI, the BPA has lobbied Government trying to get some sort of change so that byelaws land can have private charges.

    Honestly if I did that for a living, lobbied for the private parking industry, I would be deeply ashamed.
    Originally posted by Coupon-mad
    Those changes have presumably not gone through yet though, right Coupon-Mad?
    • Coupon-mad
    • By Coupon-mad 7th Mar 18, 7:35 PM
    • 58,549 Posts
    • 72,050 Thanks
    Coupon-mad
    No, the BPA appear to have let Indigo jump the gun. I could be wrong but if it had changed I think we'd have seen it. I know the BPA were lobbying for it. Pathetic, anti-consumer rip-off, made even worse that PCNs are still offering POPLA and ZZPS keep chasing the 'penalty' after the 6 months is up.

    They deserve lots of complaints to Trading Standards: unfair contract law breaches & misleading terms.
    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.

    • Norries
    • By Norries 2nd Apr 18, 3:39 PM
    • 7 Posts
    • 4 Thanks
    Norries
    Just had this as a reply to the Newbies template email.


    --------------------------------------------------------------------------------
    Good afternoon

    Please accept our delay in responding to your email.

    You have been provided with the photos taken of your vehicle from the date in question, and have been further advised that you have come to the end of our internal appeal applications.

    As we do not issue POPLA codes, should you wish to further appeal the notice in question, you will need to seek independent advice in this matter.

    --------------------------------------------------------------------------------------------------

    • twhitehousescat
    • By twhitehousescat 2nd Apr 18, 3:45 PM
    • 1,378 Posts
    • 1,852 Thanks
    twhitehousescat
    Just had this as a reply to the Newbies template email.


    --------------------------------------------------------------------------------
    Good afternoon

    Please accept our delay in responding to your email.

    You have been provided with the photos taken of your vehicle from the date in question, and have been further advised that you have come to the end of our internal appeal applications.

    As we do not issue POPLA codes, should you wish to further appeal the notice in question, you will need to seek independent advice in this matter.

    --------------------------------------------------------------------------------------------------

    Originally posted by Norries

    you have sought independent help

    those people suggest that you sit tight , and await a (non) court summons

    if you do get one , let use know , as we would like to know how indigo has passed your data on
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • waamo
    • By waamo 2nd Apr 18, 3:54 PM
    • 3,411 Posts
    • 4,553 Thanks
    waamo
    I would write back and ask them to confirm who owes the money, is it the keeper, driver or owner of the vehicle?

    You are unlikely to get a straight answer so can play mail tennis for a couple of months just getting them to answer a simple question.
    This space for hire.
    • Fruitcake
    • By Fruitcake 2nd Apr 18, 5:07 PM
    • 36,812 Posts
    • 83,300 Thanks
    Fruitcake
    Also demand access to Alternative Dispute Resolution as is your right in accordance with the ADR Act 2015 for up to twelve months after their rejection. If they are not offering PoPLA, demand they tell you what ADR they are offering.

    Complain to the BPA, DVLA, your MP, and Sir Greg Knight MP that you are being denied access to ADR.

    These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

    https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

    ''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

    These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Coupon-mad
    • By Coupon-mad 3rd Apr 18, 12:08 AM
    • 58,549 Posts
    • 72,050 Thanks
    Coupon-mad
    And ask why the PCN offered POPLA?

    Just string it out, no rush. Take a couple of weeks every time.
    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.

    • Norries
    • By Norries 7th Apr 18, 10:30 AM
    • 7 Posts
    • 4 Thanks
    Norries
    Received a ZZPS Letter at my home address..
    best part of it:- they have addressed it to my mother, who wasn't driving and isn't registered to the car.

    So they haven't got the information from DVLA they just use the portal information.
    • Fruitcake
    • By Fruitcake 7th Apr 18, 10:36 AM
    • 36,812 Posts
    • 83,300 Thanks
    Fruitcake
    That could be a DPA breach.

    A separate complaint to the BPA, DVLA, your MP, and Sir Greg Knight MP should be made in your mother's name saying she is being harassed for an alleged debt that isn't hers to do with a car for which she is neither driver nor registered keeper.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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