Indigo PCN

[MrMindcrime]

Hi All,

My fiancée's mother received a PCN on the 16/10/16 from Indigo after parking on waste ground at a hospital in Liverpool stating that there was a failure to display a valid permit. My fiancée was with her on the day and took photographs that show there were no signs either on the entrance to or around the peripheral fences of the plot of land.

Following previous great advice that I have received from this site I advised her to wait for the notice to intended keeper which she has now received.
I would like to know what is the best defence in this case, is it that the driver saw no notices and therefore couldn't be liable and to use the letter I have been previously advised to use that has proved to be successful for me or should it be the case that there were no signs and we have evidence to prove this thus there is no case to answer and still no liability?

All help gratefully received

MrM

[mystery1]

Re: Indigo PCN

http://legalbeagles.info/forums/show...521#post636521

There were no signs is perfect. Attach the photos to the appeal email.

M1

[MrMindcrime]

Re: Indigo PCN

Hi M1,

Thanks for the advice so far which I have followed and sent an email to them last week using the template as per your instructions and attached the photos clearly showing no signs on the waste ground, five photos in total, entrance, sides and back of plot,

Dear Sirs,



I, as registered keeper, which to invoke your appeals procedure. The driver did not see any signs.



I attach photographs taken at the time to prove there were no signs anywhere on the parcel of land stating the need to display a valid permit nor to display payment for parking on the land, therefore there is no case to answer and no liability.


I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraphs 7/8.




Should you reject my appeal, please supply a popla code.


I have now received this back from their customer services representative:

Good afternoon,

I would like to advise you that this Parking Charge Notice has been issued in compliance with the Protection Of Freedoms Act (2012), therefore, in the absence of you as the registered keeper surrendering the details of the driver, you will be pursued for the outstanding Notice. It is in your best interest to transfer liability, if you were not the driver of the vehicle.

Please also note, our client is a member of the British Parking Association (BPA), all of their signage is approved by the BPA and their sites are audited regularly to ensure they comply with the BPA's code of practice.


As the vehicle was parked without displaying a valid permit, our client maintains that this Parking Charge Notice has been issued correctly and we have been instructed to pursue the balance of £54 on this account.

What is your advice now to follow up, incidentally as you can see I did ask them for a Popla appeal code which has seemingly slipped their mind.

MrM

[mystery1]

Re: Indigo PCN

I would just ask for the popla code. You could mention the BPA code and report them to the BPA for not giving it to you straight away, if you so desire.

M1

[MrMindcrime]

Re: Indigo PCN

Morning M1,

I have just received this back from them having requested a popla code and stating the breach of code 22.12

Good morning,

In the extract from the Code of Conduct provided, it states 'If you reject an appeal you must: tell the motorist (driver) how to make an appeal to POPLA', however, your previous email implies that you were not the driver. The driver is made aware of the appeals process when the Notice is affixed to the vehicle. They then have 28 days to submit an appeal. As this process was not utilised, the account passed to PCN Admin Centre and the time to appeal has now passed.


As advised, in the absence of you as the registered keeper surrendering the details of the driver, you will be pursued for the outstanding Notice. It is in your best interest to transfer the liability if you were not the driver of the vehicle.

Your help gratefully received

MrM

[mystery1]

Re: Indigo PCN

Forward the email to info@britishparking.co.uk (cc indigo)

Dear Sirs,

I have appealed a PCN that was issued by a member of yours as the registered keeper of the vehicle. The operator, Indigo, have refused my appeal, or at least they appear to have done so. They, however, are refusing to provide a popla code and are stating i must name the driver. Having read your code of practice i believe they are wrong on both accounts and i am disappointed that your members appear to treat your code of practice as mere toilet roll..

I look forward to your response.

Yours etc

M1

[MrMindcrime]

Re: Indigo PCN

Thanks M1,

Email sent and I'll update you on their reply.

Thanks once again

MrM

[MrMindcrime]

Re: Indigo PCN

Hi M1,

I received an email last friday from Indigo who sent a pdf with the outcome of the appeal(yes they have turned it down)followed by an apology "for the misunderstanding in relation to this PCN"

I have also had correspondence from AOS for BPA wishing to help following my email to them. I have sent full details to them about correspondence between Indigo and myself.

I have a popla code and obviously need to now appeal through them. However I have seen that there is a question mark over their impartiality since they were taken over by Ombudsman services and I have come across reference to Wright Hassell as being involved in the process both for appeals and chasing PCN payments although I might have got this wrong.

Therefore your advice and recommended plan of action would be gratefully received particularly wording on the appeal etc

Thanks in advance

MrM

[mystery1]

Re: Indigo PCN

Sanitise the PCN, appeals etc and post them up and i'll suggest a popla appeal you can use.

M1

[MrMindcrime]

Re: Indigo PCN

Hi M1,

Here's the info as requested

Dear Sirs,



I, as registered keeper, which to invoke your appeals procedure. The driver did not see any signs.



I attach photographs taken at the time to prove there were no signs anywhere on the parcel of land stating the need to display a valid permit nor to display payment for parking on the land, therefore there is no case to answer and no liability.


I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraphs 7/8.




Should you reject my appeal, please supply a popla code.


Yours sincerely



Dear Sir/Madam,


Further to your email dated the 12th December I note that you are rejecting the appeal.


According to the BPA code of conduct paragraph 22.12 you are in breach of the code having not followed standard procedure,



22.12 If you reject an appeal you must:
• tell the motorist how to make an appeal to POPLA.
This includes providing a template ‘notice of
appeal’ form or a link to the appropriate website for
lodging an appeal and a valid 10-digit verification
code. Even if the verification code is automatically
printed on an enclosed appeal form, it must still
be in a prominent position on the first page of the
rejection letter.
• give the motorist a reasonable amount of time to pay
the charge before restarting the collection process.
We recommend that you allow at least 35 days from
the date you rejected the challenge.




Please therefore supply the above as a matter of urgency


Yours sincerely etc



I then sent the email as per your reply 29th of december

Thanks in advance

MrM

[MrMindcrime]

Re: Indigo PCN

Hi M1,

I was wondering if you'd had chance yet to come up with a suggestion for the appeal with popla?

I've just over a week to make the appeal and would welcome any help you can give.

Thanks

MrM

[mystery1]

Re: Indigo PCN

I'm on it. Little busy lately but i'll get it done.

M1

[mystery1]

Re: Indigo PCN

MrMindCrimepopla.rtf

Edit as requires (specific attention to the last line in 2 and section 5)

Add as per http://parking-prankster.blogspot.co...a-process.html and don't forget the photos of no signs.

M1

[MrMindcrime]

Re: Indigo PCN

Thanks so much for your help M1,

I'll let you know the outcome in due course.

MrM