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Ticket machine not working, Station ticket machine not working
HappyHarry
post Sat, 15 Dec 2018 - 00:09
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I tried to pay for parking at Redhill station, which has ANPR. The machine rejected my coins. I tried to pay by debit card. I input my details, the machine beeped then showed a message that said “call in progress”. Not sure if I’d paid, I input my details again. The same thing happened again. There was an option to pay by phone, but I didn’t have my mobile with me.

15 days later, I received a penalty notice by post from Indigo Park Solutions. I emailed my explanation which was rejected. I intend to appeal, their email says:
“You have now reached the end of the internal appeals procedure. Should you remain dissatisfied with this decision, you may further your appeal to an independent appeals service, ITAL Group Limited, within 28 days of this notice of rejection, details of which are available at www.asparking.co.uk.”

It seems to me from some of the threads that machines being out of order is no excuse for not paying but that a 14 day window to send me the notice has been missed. Is this the best route for me to follow?

Thank you in advance for any advice you post.


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“Nobody leaves their house because they want to go and do some parking; parking is simply a means to an end, and it should be as easy as possible.” Rishi Sunak, MP
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post Sat, 15 Dec 2018 - 00:09
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Gary Bloke
post Fri, 8 Mar 2019 - 22:33
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So now the appeal result will depend on geography. If your Byelaws ticket is from Indigo you have to appeal to ITAL and they will allow NTO letters delivered more than 14 days after the alleged incident. If the ticket comes from another location where the PPC offers POPLA for Byelaws appeals, then an NTO letter delivered after 14 days will not be allowed according to the guidelines on the POPLA website. Thank goodness the law is so consistently applied!
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Ollyfrog
post Fri, 8 Mar 2019 - 22:35
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and it's apparently a "Penalty Fare"? Multitasking taken to a new level!
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nosferatu1001
post Sat, 9 Mar 2019 - 00:58
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So another response
1) given you are now making this up as you go along, when you made the initial decision you had decided on 14 days: accordingly this appeal must have been allowed. Yet it was not allowed and now, having changed your mind on the standard you're applying after the fact, the initial decision is still correct? Your lack of transparency is staggering, and your failure to operate your service with reasonable skill and care has been noted.
2) the bpa do not audit anything. They are not an auditing organisation. They have been described as "as much use as a multi story car park in the desert" by our mps.
3) given any claim of a "penalty" Must time out after 6 months, yet you're allowing 7 months, how do you then decide an appeal?
4) so the bpa code of practice requires land owner authority and, where the operator fails to provide this, an appeal is allowed. Yet here you are removing this as a valid appeal point, and just presuming the operator is compliant. Please show how this is compliant with the idea of it's being evidence led.
5) how are you deciding a keeper is liable, when pofa doesn't apply and the enabling legislation for the byelaws does not allow the byelaws to have nationwide impact? Are you aware of the concept ultra vires?
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HappyHarry
post Sat, 9 Mar 2019 - 09:57
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I just love this forum. Your advice is invaluable and your comments make me smile. I’ve still got lots of ammo to fire around various bodies, including Nosferatu’s response to ITAL’s Director of Corporate Affairs. I’ll be doing that over the next two and a half months.

I’m not adding the result of this appeal to the MSE POPLA results thread until I’ve run out of cages to rattle.


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“Nobody leaves their house because they want to go and do some parking; parking is simply a means to an end, and it should be as easy as possible.” Rishi Sunak, MP
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HappyHarry
post Tue, 19 Mar 2019 - 15:47
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laugh.gif Woo hoo our persistence has paid off. Today, Ms Welling, ITAL’s Corporate Affairs Director finally agreed to the appeal.

This is the third letter I sent her. (Keeping more of Nosferatu’s ideas up my sleeve in case needed for additional responses)



And this is her reply




Last week I had another letter from ZZPS saying they’d written before and were surprised I hadn’t “engaged with them”. As this was dated 17 days after ITAL’s initial appeal result, I sent another complaint to the BPA pointing out that Indigo are riding rough shod over the BPA CoP and asked what it takes for them to be sanctioned. If anything useful comes of that I’ll let you know. I also intend to continue to lobby against ITAL’s lack of impartiality and transparency.

I can’t thank everyone who’s advised me enough, for your generosity of time, expertise and patience whilst I’ve learned the basics of parking ticket scammers outrageous carryings on and how to play them at their own game. HH


--------------------
“Nobody leaves their house because they want to go and do some parking; parking is simply a means to an end, and it should be as easy as possible.” Rishi Sunak, MP
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dramaqueen
post Wed, 20 Mar 2019 - 14:41
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Well done! Looks like you delivered a bull’s eye though she didn’t have the grace to admit it and apologise - rather, it looks like she saw you were giving her a headache and the quickest way to cure it was to give in.

It’s so good to see people refusing to be bullied and fighting back. Only a small percentage do.
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HappyHarry
post Wed, 27 Mar 2019 - 16:08
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I’ve received a response from the BPA who I complained to about Indigo’s debt collectors harassing me whilst an appeal was ongoing and again before 28 days had elapsed following an unsuccessful appeal. I mentioned that mine was not an isolated case, I was aware of many others.

BPA seem to have slapped Indigo’s wrists, though I can’t tell how hard...

“We cannot disclose whether we have taken disciplinary action under the Sanction Scheme, but I can ensure that we have taken appropriate action due to the repetition of these instances.”


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“Nobody leaves their house because they want to go and do some parking; parking is simply a means to an end, and it should be as easy as possible.” Rishi Sunak, MP
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