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Train Station Penalty Charge Advice
Hard_Done_By
post Thu, 12 Jul 2018 - 08:42
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Hi all,

Looking for some expert advice here.

I purchased a ticket online (monthly) for a South Eastern station car park through Park Indigo. Just as I had done every month for a long time.
A few days after I started using this particular one, I got a penalty charge on the window for not displaying the ticket.
I appealed through their webside

Then I got another one the next day

As it transpires, their system retains details when you book, for some peculiar reason, this particular month, it automatically defaulted to a vehicle registration number of a car I hadn't owned for 4 months. I had bought tickets in the interim, with the 2 correct plates with no issue. I'm genuinely not sure why it defaulted to the old one.

The simple fact of the matter though, was that I purchased a monthly ticket, at a cost of over £100 and displayed it. It can only be in one car at a time so the registration number is totally irrelevant.

I appealed both (and a third!) and notified them of the problem. They sent me 2 emails with the correct 2 number plates on, although at this point - NOTHING needed to be displayed.

I then was advised they were upholding the charge on 2 of the 3 penalty charges.
I sent a strong but not rude email to Park Indigo outlining my reasons for not paying the charge, advised them that I would not be paying the charge and requested they contact me to confirm the matter is settled.
This was in May

Yesterday I received a letter from " Parking Penalty Notice - Recovery Prosecution Service"
There is no contact details, email address, phone number or even a website on the letter. Just a PO Box in Portsmouth (I'm from nowhere near there)

They state I have to pay £100 within 14 days or it rises to £165
There is no further detail - IE, what if I don't pay £165 - no threat of bailiffs, court action, additional fines etc.

They quote Rail byelaw 14(4) which I've looked into and, having a little experience with contract wording, is pretty vague.


What are my options here?
I'd be happy in court telling them why the charge is unjust and unreasonable. But my wife is worried, especially as we're moving. She's concerned this may count against us come mortgage time.

I feel irritated beyond belief that I may have to pay this to save the mortgage application as there is no way it's justified. I pay a lot of money to park there and have done nothing wrong.

Any advice would be greatly appreciated.
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post Thu, 12 Jul 2018 - 08:42
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Gary Bloke
post Fri, 13 Jul 2018 - 11:29
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Don't pay the penalty. Ignore their letters.
Their home-made "penalty" is an offer to avoid prosecution, which you are under no legal obligation to accept.
If they think they have a case, then they can take you to a Magistrate's court. They will never do that, but even if they did, you would win. So don't worry, they are just trying their luck.
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Hard_Done_By
post Fri, 13 Jul 2018 - 11:31
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QUOTE (The Rookie @ Fri, 13 Jul 2018 - 12:28) *
QUOTE (Hard_Done_By @ Fri, 13 Jul 2018 - 12:05) *
subject to a fine.

Its not, its a penalty. they may sound similar but they are not.


Ok, I'll rephrase it - there is nothing in any literature that states not having a corresponding registration number on the permit, is in any way an infringement on anything. In this regard, how can any fine/penalty/dare/punishment be enforced?

And let's not forget, I didn't enter the incorrect registration.

This post has been edited by Hard_Done_By: Fri, 13 Jul 2018 - 11:32
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Redivi
post Fri, 13 Jul 2018 - 12:10
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The permit was issued for the wrong vehicle therefore it was not valid for yours

It was, however, paid for and displaying it is not an offence under Byelaw 14(3)

That's why you have to send the letter to DRPS that I've drafted
It puts them on the hook to explain why they're chasing a penalty for a criminal offence that doesn't exist, issued by a parking company that Govia hasn't employed for a mistake that Indigo themselves caused

This post has been edited by Redivi: Fri, 13 Jul 2018 - 12:10
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