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  • FIRST POST
    • Sek
    • By Sek 9th Nov 18, 8:45 PM
    • 5Posts
    • 1Thanks
    Sek
    Indigo Parking Penalty
    • #1
    • 9th Nov 18, 8:45 PM
    Indigo Parking Penalty 9th Nov 18 at 8:45 PM
    Hi, I’ve read through a number of forums with good advice, but I think I need a little bit more help with exactly what to do.

    I parked in a railway car park and as I have the Indivo app, which I’ve used before, I tried to pay for the ticket while in the train. The app didn’t work on this occasion (I tried multiple times and have screen shots, and at one point got to the bank authorisation screen, so assumed it may have gone through). However to be on the safe side, I called Indigo a few times to check they payment was successful and to pay if not. I was on hold waiting for my call to be answered for ages each time and gave up. I then sent an email via their online contact form to let them know the situation and ask what I should do. You have to provide your name and address etc on the contact form, so they have my details! Which I know from now reading the forums is a no no.

    So now I have a ‘penalty’. I called Indigo again to explain the situation and they asked my name (which I gave) and they may have asked my car registration. They advised that based on the circumstances I should appeal the ‘penalty’. My penalty states ‘Penalty’ and mentions bylaws.

    My question is how should I proceed, should I appeal stating the situation? If so, how long should I wait to appeal? Or is there something else I should be doing?

    Thank you so much for your help.
Page 1
    • twhitehousescat
    • By twhitehousescat 9th Nov 18, 9:10 PM
    • 3,384 Posts
    • 4,148 Thanks
    twhitehousescat
    • #2
    • 9th Nov 18, 9:10 PM
    • #2
    • 9th Nov 18, 9:10 PM
    if you read this , you will see a section that relates to bylaws , digest and repost id needed https://forums.moneysavingexpert.com/showthread.php?t=4816822
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • waamo
    • By waamo 9th Nov 18, 9:42 PM
    • 6,081 Posts
    • 7,924 Thanks
    waamo
    • #3
    • 9th Nov 18, 9:42 PM
    • #3
    • 9th Nov 18, 9:42 PM
    You can, if you would prefer, simply ignore it. This only applies to indigo tickets at railway stations but they can be ignored.
    This space for hire.
    • The Deep
    • By The Deep 10th Nov 18, 11:41 AM
    • 12,438 Posts
    • 12,593 Thanks
    The Deep
    • #4
    • 10th Nov 18, 11:41 AM
    • #4
    • 10th Nov 18, 11:41 AM
    There are masses of Indigo/Byelaws posts on this forum. read a few to understand that they have a mountain to climb, (barefoot). Complain to your MP.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

    Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

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

    https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..
    Last edited by The Deep; 10-11-2018 at 11:50 AM.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 10th Nov 18, 11:24 PM
    • 68,809 Posts
    • 81,192 Thanks
    Coupon-mad
    • #5
    • 10th Nov 18, 11:24 PM
    • #5
    • 10th Nov 18, 11:24 PM
    We don't need any Indigo Railway penalty threads. This is specifically covered in the Q&A, with a link.

    There are no questions not answered.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Sek
    • By Sek 18th Nov 18, 2:56 PM
    • 5 Posts
    • 1 Thanks
    Sek
    • #6
    • 18th Nov 18, 2:56 PM
    Indigo has contact details
    • #6
    • 18th Nov 18, 2:56 PM
    Hi, thanks for the responses. We have read through the forums and know about appealing on day 26 etc, ignoring etc, however, our main concern is that Indigo have the name, address etc. Do we still appeal using standard template? Or add further details of the issues in getting the ticket in the first place. Or do we go to the railway themselves to complain as well as MP?

    Thanks
    • Redx
    • By Redx 18th Nov 18, 3:10 PM
    • 21,944 Posts
    • 27,604 Thanks
    Redx
    • #7
    • 18th Nov 18, 3:10 PM
    • #7
    • 18th Nov 18, 3:10 PM
    its simple

    the KEEPER appeals as KEEPER on day 26 using the blue text template appeal with little or no changes, no additions, tell em nowt

    when they refuse the appeal they should issue a popla code and you appeal as KEEPER to popla, using POFA2012 etc if its a bylaws issue

    POPLA has been reinstated as an ADR for bylaw issues from the beginning of this month onwards

    if its a bylaws issue, you string it out past the 6 month mark

    complain to your MP if you wish, but probably a waste of time complaining to the TOC (plus you dont want to be issued with a penalty notice and taken to the MAGS COURT by the TOC within that 6 months window)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Castle
    • By Castle 18th Nov 18, 3:14 PM
    • 2,184 Posts
    • 2,932 Thanks
    Castle
    • #8
    • 18th Nov 18, 3:14 PM
    • #8
    • 18th Nov 18, 3:14 PM
    Sek;
    Did this parking event happen after 1st November?
    • twhitehousescat
    • By twhitehousescat 18th Nov 18, 3:16 PM
    • 3,384 Posts
    • 4,148 Thanks
    twhitehousescat
    • #9
    • 18th Nov 18, 3:16 PM
    • #9
    • 18th Nov 18, 3:16 PM
    ok , the rules have now changed as of earlier this month , the BPA are now accepting POPLa claims ,

    as you have received paperwork from them , do an appeal and await a POPLa (type) code

    take your time and return when you have a code to appeal to POPLa

    just send the appeal in the template , do not contact the railway company*

    *rules still stand , no matter which way they teist a PCN or new fangled PN , a member of the BPA is not allowed to pass info to a non BPA member (basicly) , so the train co cannot bring action , secondly sight of indigo,s contract shows they cannot start court action , thirdly this (by law) will just time out at 6 mths

    lets see if indigo want to push this thru popla , they can contest and pay £27 , they might win , but what then?

    I seem to recall POPLa getting cheesed off with non contested claims , as they get no money , and the BPA saying they will clamp down on companies taking the $%^&
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • waamo
    • By waamo 18th Nov 18, 3:31 PM
    • 6,081 Posts
    • 7,924 Thanks
    waamo
    Hi, thanks for the responses. We have read through the forums and know about appealing on day 26 etc, ignoring etc, however, our main concern is that Indigo have the name, address etc. Do we still appeal using standard template? Or add further details of the issues in getting the ticket in the first place. Or do we go to the railway themselves to complain as well as MP?

    Thanks
    Originally posted by Sek
    Indigo have always been able to get the name and address of the registered keeper. That changes absolutely nothing.
    This space for hire.
    • twhitehousescat
    • By twhitehousescat 18th Nov 18, 4:08 PM
    • 3,384 Posts
    • 4,148 Thanks
    twhitehousescat
    Indigo have always been able to get the name and address of the registered keeper. That changes absolutely nothing.
    Originally posted by waamo
    although it could be questioned "which" indigo can actually ask for data ? , and although site for checking is down (BMPA) are all parties members of the bpa ?
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Sek
    • By Sek 26th Nov 18, 10:44 AM
    • 5 Posts
    • 1 Thanks
    Sek
    Indigo ticket
    Hi Castle,

    No it was pre the 1st November.
    • twhitehousescat
    • By twhitehousescat 26th Nov 18, 10:51 AM
    • 3,384 Posts
    • 4,148 Thanks
    twhitehousescat
    dont matter , they were always supposed to give popla code , the bpa just stuck there noses in and were told to shut it

    you are legally allowed a POPLa code and if they refuse contact the BPA
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • waamo
    • By waamo 26th Nov 18, 10:57 AM
    • 6,081 Posts
    • 7,924 Thanks
    waamo
    Appeal it using the standard template in the Newbies thread. If you get a POPLA code you will win with no keeper liability due to byelaws.

    If they refuse a POPLA code then either play mail ping pong for 6 months or ignore it, whichever you are more comfortable with.

    If you have read other Indigo threads you will know now that they can't do anything other than send scary letters. That is the limit to their powers. Unless you have a morbid fear of paper or postmen then there is nothing to worry about.
    This space for hire.
    • Sek
    • By Sek 11th Mar 19, 10:02 PM
    • 5 Posts
    • 1 Thanks
    Sek
    Final Reminder - Please Do Not Ignore
    Hi,

    So I’ve received the final reminder letter from G Wills, Debt Recovery Manager - Debt Prosecution Services. In small print at the bottom of the letter it states London & Southeastern Railway Limited trading as Debt Recovery and Prosecution Service and the registerd office: 3rd Floor, 41-51 Grey Street, Newcastle upon Tyne NE1 6EE

    The letter states: ‘Further to our letter sent to you on xxxxx, we have not yet received payment for the Parking Penalty Notice, now sufficient mitigating circumstances.

    According to information received from DVLA , on the relevant date you were the registered owner/ keeper of the Vehicle. The notice was issued against the Vehicle on the Relevant Date because the Vehicle was parked without displaying a valid ticket or voucher at the Car Park in contravention of Railway Byelaw 14*.

    As you were the owner of the Vehicle on the Relevant Date you are legally liable for the parking penalty in accordance with Railway Byelaw 14(4)*. Please select one of the payment methods set out in Section A below.

    The Parking Penalty now due is £165 and this must be paid in accordance with the instructions below, within 14 days of the date of this letter. If you fail to pay this penalty in full within 14 days you may face prosecution at a Magistrates Court under Railway Byelaw 14. A conviction under Railway Byelaw 14 can incur a fine of up to £1000, in addition to court costs and compensation.

    If you were not the driver of the Vehicle at the time:

    You are still liable for the Parking Penalty; and
    You should pay the Parking Penalty and it is then for you to address the matter with the driver.

    It then has details of how to pay and if you require debt advice.


    I don’t know what to do now, as it seems to be addressed from London and Southeastern Railway Limited trading as Debt Recovery and Prosecution Service. Does that mean that the railway has been passed it and will take me to court? I was never given a popla code, is that something I should get or have the rules changed (they said they didn’t need to give me one). Really worried about this now, can they take me to court? What should I do now?
    • waamo
    • By waamo 11th Mar 19, 10:05 PM
    • 6,081 Posts
    • 7,924 Thanks
    waamo
    The advice remains the same. It's a scary letter that's all.
    This space for hire.
    • Coupon-mad
    • By Coupon-mad 11th Mar 19, 10:09 PM
    • 68,809 Posts
    • 81,192 Thanks
    Coupon-mad
    seems to be addressed from London and Southeastern Railway Limited trading as Debt Recovery and Prosecution Service. Does that mean that the railway has been passed it and will take me to court?
    Nope, that letter is normal for this TOC.

    Put this into the forum search and you find people with the same letter in 2018:

    Debt Recovery and Prosecution Indigo

    Do that under ADVANCED search, this forum only, SHOW RESULTS AS POSTS.

    Tell us if you find someone whose case went to Mags Court. You won't. This times out after six months. You could engage them in email/letter tennis if you are not a comfortable ignorer.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Sek
    • By Sek 11th Mar 19, 10:12 PM
    • 5 Posts
    • 1 Thanks
    Sek
    Ok thanks, so I just ignore? Or ask them for popla code or something else?
    • waamo
    • By waamo 11th Mar 19, 10:31 PM
    • 6,081 Posts
    • 7,924 Thanks
    waamo
    It's up to you. Either ignore or engage them in mail ping pong. Some people are incapable of ignoring so if your one of those do ping pong.

    Alternatively if your as lazy as me then ignoring is the better option.
    This space for hire.
    • Coupon-mad
    • By Coupon-mad 11th Mar 19, 10:39 PM
    • 68,809 Posts
    • 81,192 Thanks
    Coupon-mad
    so I just ignore? Or ask them for popla code or something else?
    You won't get a POPLA code, but you could waste time asking for one!

    I did say already...no idea why posters seem to answer an answer with a question:

    This times out after six months. You could engage them in email/letter tennis if you are not a comfortable ignorer.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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