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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Indigo Park Solutions- High Brooms Railway Station


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Hi there

I'm being pursued by these people for some very unfair tickets.

I know there is a lot on here about different approaches etc but I was interested in the 6 month rule, can someone please explain the law around that?

 

Also, the tickets definitely say Penalty Notice not Parking Charge, does this mean it's official?

 

Thanks in advance for all your help

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Hi there

I'm being pursued by these people for some very unfair tickets.

I know there is a lot on here about different approaches etc but I was interested in the 6 month rule, can someone please explain the law around that?

 

Also, the tickets definitely say Penalty Notice not Parking Charge, does this mean it's official?

 

Thanks in advance for all your help

 

My my, Indigo have been busy recently, they must have taken on more people, what with KFC running out of Chicken :lol:

 

OK. As this is a Penalty charge it must have been issued under railway bylaw 14. So yes, it is official. However...

 

Railway bylaw 14 does not introduce "Keeper liability" and the Protection of Freedoms Act 2012 (POFA) does not come in to play because the land is covered by it's own bylaws it is not 'relevant land' for the purposes of POFA. So, Indigo can only go after the driver of the vehicle at the time that the ticket(s) were issued.

 

Now, as the keeper of the vehicle, you have absolutely no obligation, morally or legally, to tell Indigo who the driver was.

 

This is where the "6 months" comes in to play. The only way that this can be pursued is through the Magistrates court, and they only have 6 months to take the driver (not the keeper) in front of the bench. After that, it's too late. Also, if they take you to Magistrates court, neither Indigo or the TOC see a single penny of the fine, so 999 times out of 1000, they don't bother. There's nothing in it for them.

 

However, that doesn't stop them sending you all kinds of demands, threatening letters, letters from their pet DCA's or letters that appear* to come from solicitors. But they are all completely empty threats. Unless you receive a summons from the court (highly unlikely, as they can only take action against the driver, and they don't know who that is) you can completely ignore all of their scare tactics.

 

Once you know the rules of the game, their threat-o-grams actually become quite amusing as you see them get increasingly more desperate to part you from your money. Don't be fooled.

 

*I say appear to come from solicitors as half the time it's just the DCA writing to you again but on someone else's headed paper. It's like 'rent a letterhead'.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Hi and welcome to CAG

I agree with dragonfly.

 

What Indigo have failed to recognise is that they state on the tickets issued that there is the appeals service offered by POPLA. The BPA have said that they will not consider appeals where bylaws are in place so you are left with nowhere to go as Indigo will not accept any appeal as being valid.

 

I will have a look on street view to see what signs I can see. We also have no figures yet on whether they have taken court action this year.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thank you for your replies Dragonfly and Silverfox.

 

I will take a picture of signage and post here.

 

Does the 6 months start from the date ticket was issued and do they have absolutely no rights whatsoever once the 6 months have expired?

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Look, you havent read about railway bylelaw 14 but you ask about when a time for a non-existent right for Indigo starts. IT DOESNT EXIST. The railway co have that time to start a fight and that is now t to do wit Indigo. indigo are claiming money that cannot be due under any law but they have a deal with the railway to share the profits they make from the unknowing. If the train co use byelaw 14 then the FINE money goes to the govt and they and Indigo dont get a penny which is why they would rather tell lies than take legal action.

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Hi ericsbrother thank you for your reply.

 

When I say they I mean land owner and the company that has issued the ticket.

 

My question is specifically surrounding the 6 months. If a ticket was issued 6 months and one day ago and I do not have a letter for the magistrates court is the matter now finalised from my perspective?

 

I know they will probably continue to send me baseless threatening letters beyond this but would appreciate answer to the above

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I feel that whether or not Indigo have rights to start any action would depend wholly on the wording of their (so called) contract. If they are contracted as "authorised persons" then they may well have the right to bring an action in the Magistrates court. But that's really by the by. Whether or not it's Indigo and/or the TOC that can take action in Magistrates court isn't the issue. The bigger question is will they, to which (99.99% of the time) the answer is no.

 

Why would either entity spend money on taking an unknown person to Magistrates court when they won't see a brass farthing of that money back?

 

Whoever can take action, they can only do so against the driver. It's nothing to do with the vehicle keeper (this is different to a council/police ticket where liability can be transferred). So as long as Indigo (or the TOC) never know who the driver was, this is never going anywhere near any type of court, bar the Indigo "Kangaroo Court" where they've already decided that you're 'guilty' and that you must sell your children in to slavery to pay them lots of money.

 

The 6 months to bring an action against the driver begins at midnight on the day that the PCN was issued. (Therefore, if the PCN was issued at 13:00, the clock starts ticking 11 hours later).

 

While the clock is ticking, you completely ignore anything that Indigo send to you bar a Magistrates court summons (sent by whoever) and I'd be frankly amazed if the latter ever happens.

 

My question is specifically surrounding the 6 months. If a ticket was issued 6 months and one day ago and I do not have a letter for the magistrates court is the matter now finalised from my perspective?

 

6 months and .001 of a second after the clock starts ticking, there's nothing that anyone can do to enforce the penalty. It's game over! :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Even if they did try court action, I feel it would be thrown out as they denied you the opportunity to appeal to a higher body (rather than themselves) It may say POPLA on any ticket but as we all now know, POPLA won't hear appeals on bylaws.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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