Indigo Parking Penalty Notice.. Right to appeal?
Indigo Parking Penalty Notice.. Right to appeal?
Author
Discussion

redrabbit

Original Poster:

2,187 posts

195 months

Friday 8th March 2019
quotequote all
So, I've accumulated a set of penalty notices (not PCNs) from the kind people at indigo which I have appealed with them but have been rejected. Thought my next step was Popla, but they have not given me the necessary 11 digit code, and instead they've directed me to 'asparking' which looks like their own outfit rather than independent. Also some BS in their reply that they have chosen not to participate in Ombudsman Services resolution process.

I assume it's a load of shyster bks and I have a legal right to independent appeal. Anyone able to advise me please?

Cheers RR


LarsG

991 posts

105 months

Friday 8th March 2019
quotequote all
Accumulated a set? When will,you learn?

bad company

21,919 posts

296 months

Friday 8th March 2019
quotequote all
redrabbit said:
So, I've accumulated a set of penalty notices (not PCNs) from the kind people at indigo which I have appealed with them but have been rejected. Thought my next step was Popla, but they have not given me the necessary 11 digit code, and instead they've directed me to 'asparking' which looks like their own outfit rather than independent. Also some BS in their reply that they have chosen not to participate in Ombudsman Services resolution process.

I assume it's a load of shyster bks and I have a legal right to independent appeal. Anyone able to advise me please?

Cheers RR
How can anyone help you when you haven’t posted the facts. Where was it, what’s the signage, how long did you stay????

redrabbit

Original Poster:

2,187 posts

195 months

Friday 8th March 2019
quotequote all
I'm not asking for advice on whether I have a good case for appeal; I'm questioning whether Indigo can legally opt out of being subject to independent appeal (i.e. POPLA), which is what they seem to be claiming.

syl

693 posts

105 months

Saturday 9th March 2019
quotequote all
They say you can, except at rail car parks.

https://uk.parkindigo.com/en/news/blog/how-to-appe...

Asparking appears to be the independent service for railway parking appeals.

https://www.asparking.co.uk


Edited by syl on Saturday 9th March 00:15

S11Steve

6,389 posts

214 months

Saturday 9th March 2019
quotequote all
Indigo are pretty much always operating at railway car parks, which are covered by statutory bylaws, therefore penalties can only be enforced by the magistrates, not a private company in the civil courts.

The Train Operating Company has 6 months from the date of offence to get it in front of a magistrate, otherwise it is out of time.

You have been issued with a statutory penalty charge, but you are under no obligation to pay a civil outfit anything for a breach of contract.


Red Devil

13,516 posts

238 months

Saturday 9th March 2019
quotequote all
Steve, how much exposure to AS have you had so far?

https://www.whatdotheyknow.com/request/544611/resp...
Any bets on the DfT deciding to refuse to divulge anything citing Sections 41 and 43(2)? It has been their standard tactic in the past.

It doesn't help that the DfT has form for obfuscating, providing misleading/incorrect 'guidance', and generally dragging its feet.
Unfortunately the government has far too much else on its plate atm to devote any time to deal with it properly.

The company in question is this one - https://beta.companieshouse.gov.uk/company/0478475...
Most of the directors have an IT or consultancy background.* The only person with a legal one is the company secretary.
I wonder what qualifications they have to run an ADR service. What due diligence was undertaken before certifying them?
How independent are their adjudicators/assessors?

 * One is a director of this dormant company -.https://beta.companieshouse.gov.uk/company/10509709/filing-history

POPLA got a severe bout of indigestion when parking on non-relevant railway land became a major bone of contention.
https://popla.co.uk/byelaws
https://www.britishparking.co.uk/press-releases/go...
Looks like they have decided it is in the 'too difficult' category (at least as far as Indigo is concerned) and distanced themselves.

redrabbit

Original Poster:

2,187 posts

195 months

Saturday 9th March 2019
quotequote all
Did more digging and it does look like POPLA have bottled it with Indigo. A shame, since I've successfully appealed over 30 tix at the railway car park in question over the years (the last one probably 2 years ago). Will take my chances with AS I guess. Whevs.

Red Devil

13,516 posts

238 months

Sunday 10th March 2019
quotequote all
Just curious: how do you manage to acquire so many PCNs?
I've never had a PPC one in my entire life. Just 3 LA ones that I can recall.
Two were cancelled on appeal. The other one was entirely my fault.
I didn't have enough cash on me and took a gamble.
Hoping that the CEO wouldn't be patrolling that particular street.
Came back to the car 5 minutes too late. Kerching! Paid at the reduced rate.

silverfoxcc

8,461 posts

175 months

Sunday 10th March 2019
quotequote all
OP

Get onto pepipoo and ask their advice. it will be honest and give you a lot of advice

silverfoxcc

8,461 posts

175 months

Sunday 10th March 2019
quotequote all
OP

Get onto pepipoo and ask their advice. it will be honest and give you a lot of advice

jesusbuiltmycar

5,130 posts

284 months

Sunday 10th March 2019
quotequote all
redrabbit said:
Did more digging and it does look like POPLA have bottled it with Indigo. A shame, since I've successfully appealed over 30 tix at the railway car park in question over the years (the last one probably 2 years ago). Will take my chances with AS I guess. Whevs.
Wow! Well done for successfully appealing 30 tickets but wouldn't be a lot easier to abide by the rules and not get the tickets in the first place.

S11Steve

6,389 posts

214 months

Monday 11th March 2019
quotequote all
Red Devil said:
Steve, how much exposure to AS have you had so far?

https://www.whatdotheyknow.com/request/544611/resp...
Any bets on the DfT deciding to refuse to divulge anything citing Sections 41 and 43(2)? It has been their standard tactic in the past.

It doesn't help that the DfT has form for obfuscating, providing misleading/incorrect 'guidance', and generally dragging its feet.
Unfortunately the government has far too much else on its plate atm to devote any time to deal with it properly.

The company in question is this one - https://beta.companieshouse.gov.uk/company/0478475...
Most of the directors have an IT or consultancy background.* The only person with a legal one is the company secretary.
I wonder what qualifications they have to run an ADR service. What due diligence was undertaken before certifying them?
How independent are their adjudicators/assessors?

 * One is a director of this dormant company -.https://beta.companieshouse.gov.uk/company/10509709/filing-history

POPLA got a severe bout of indigestion when parking on non-relevant railway land became a major bone of contention.
https://popla.co.uk/byelaws
https://www.britishparking.co.uk/press-releases/go...
Looks like they have decided it is in the 'too difficult' category (at least as far as Indigo is concerned) and distanced themselves.
It's been offered to us a few times by the usual suspects, but if they want to enforce the penalty, I take the stance it is up to them to jump through the hoops to get their money.

And I know full well that they can't jump through the final hoop to court - so why should I bother?

If they want their £100 from somebody, they have the details of the operator who breached their contract, if they choose to mix statutory laws and contractual obligations into one half-assed attempt at extorting money when they are not entitled to it, they can direct their attention elsewhere.