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  • FIRST POST
    • hell14
    • By hell14 30th Nov 17, 12:00 PM
    • 2Posts
    • 0Thanks
    hell14
    Railway car park and INDIGO Penalty Notice
    • #1
    • 30th Nov 17, 12:00 PM
    Railway car park and INDIGO Penalty Notice 30th Nov 17 at 12:00 PM
    on 22nd Sept I got a penalty notice for not displaying/having a valid ticket at train station car park. As per the back of the ticket I appealed (and so stupidly gave them my details) as it was an error on my part - I had texted the number when I should have dialed it, but my phone didn't show it as unsent/error text so I presumed all was OK until I got back to the ticket on my window. I put print screen of my text on my appeal and presumed I would be successful as it was human error. But they refused my appeal.

    On 26th Sept Indigo sent me back a standard no letter, I asked to appeal at popla (as this is on the back of their ticket) and was told they don't use popla anymore so seek legal advice or report them to british parking association. I emailed them back on the 27th, asking for web site address of british parking association. Was awaiting their response when I got a letter from ZZPS for £170!

    I called Indigo and they told me that there is no external appeals procedure anymore and to get legal advice or complain to BPA! BPA were useless and told me if I was not happy with Indigo's appeal rejection the final decision can be made at a Magistrates Court.

    2nd letter from ZZPS today, threatening QDR solicitors. In the meantime I have complained to IPC, DVLA, Trading standards and my MP.

    IPC replied saying Indigo is nothting to do with them, MP said he would write to Indigo, heard nothing back from DVLA or Trading Standards.

    What now? Ignore ZZPS? wait for more letters?

    Thanks for reading this far!
    Hell14
Page 1
    • RustyRascal
    • By RustyRascal 30th Nov 17, 12:04 PM
    • 58 Posts
    • 65 Thanks
    RustyRascal
    • #2
    • 30th Nov 17, 12:04 PM
    • #2
    • 30th Nov 17, 12:04 PM
    Hi Hell14,

    The first thing anyone here will tell you to do is to read the Newbie thread (specific attention to post 4) - http://forums.moneysavingexpert.com/showthread.php?t=4816822

    Also this link which is dedicated to ZZPS - http://forums.moneysavingexpert.com/showthread.php?t=5035663

    There is a tonne of information there that will set you up to do and ask the right things. People here are super helpful and will definitely be able to help you out!

    Will keep an eye out for how your situation progresses

    RR
    Last edited by RustyRascal; 30-11-2017 at 12:13 PM.
    • nosferatu1001
    • By nosferatu1001 30th Nov 17, 12:09 PM
    • 1,136 Posts
    • 1,165 Thanks
    nosferatu1001
    • #3
    • 30th Nov 17, 12:09 PM
    • #3
    • 30th Nov 17, 12:09 PM
    Ignore ZZPS for sure
    Indigo not offering POPLA is because POPLA kept allowing appeals against them> Indigo complained, so they stopped offering it. Complete crock, of course.
    • Redx
    • By Redx 30th Nov 17, 12:11 PM
    • 16,895 Posts
    • 20,992 Thanks
    Redx
    • #4
    • 30th Nov 17, 12:11 PM
    • #4
    • 30th Nov 17, 12:11 PM
    bylaws apply at railway station car parks and popla has been withdrawn recently so there are no easy answers

    you were right to issue all the complaints

    now its wait and see

    the TOC have 6 months to issue proceedings in a magistrates court

    do a forum search using INDIGO POPLA and see all the recent threads and advice over the last few months on this topic
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • nosferatu1001
    • By nosferatu1001 30th Nov 17, 12:20 PM
    • 1,136 Posts
    • 1,165 Thanks
    nosferatu1001
    • #5
    • 30th Nov 17, 12:20 PM
    • #5
    • 30th Nov 17, 12:20 PM
    Not displaying is NOT a bylaw offence
    Failure to pay is, however there is NO fixed penalty regime in place at stations. essentially their charge is "bribe us and we promise we wont take you to magistrates court", however they will jnot do the latter, as they literally get no benefit from it, and it is highly dubious that they are authorised to do so anyway.
    • pappa golf
    • By pappa golf 30th Nov 17, 12:36 PM
    • 7,701 Posts
    • 7,973 Thanks
    pappa golf
    • #6
    • 30th Nov 17, 12:36 PM
    • #6
    • 30th Nov 17, 12:36 PM
    on 22nd Sept I got a penalty notice for not displaying/having a valid ticket at train station car park. As per the back of the ticket I appealed (and so stupidly gave them my details) as it was an error on my part - I had texted the number when I should have dialed it, but my phone didn't show it as unsent/error text so I presumed all was OK until I got back to the ticket on my window. I put print screen of my text on my appeal and presumed I would be successful as it was human error. But they refused my appeal.

    On 26th Sept Indigo sent me back a standard no letter, I asked to appeal at popla (as this is on the back of their ticket) and was told they don't use popla anymore so seek legal advice or report them to british parking association. I emailed them back on the 27th, asking for web site address of british parking association. Was awaiting their response when I got a letter from ZZPS for £170!

    I called Indigo and they told me that there is no external appeals procedure anymore and to get legal advice or complain to BPA! BPA were useless and told me if I was not happy with Indigo's appeal rejection the final decision can be made at a Magistrates Court.

    2nd letter from ZZPS today, threatening QDR solicitors. In the meantime I have complained to IPC, DVLA, Trading standards and my MP.

    IPC replied saying Indigo is nothting to do with them, MP said he would write to Indigo, heard nothing back from DVLA or Trading Standards.

    What now? Ignore ZZPS? wait for more letters?

    Thanks for reading this far!
    Hell14
    Originally posted by hell14
    if I was not happy with Indigo's appeal rejection the final decision can be made at a Magistrates Court.

    the TOC have 6 months to issue proceedings in a magistrates court

    NOT Indigo or ZZPS
    • RustyRascal
    • By RustyRascal 30th Nov 17, 4:08 PM
    • 58 Posts
    • 65 Thanks
    RustyRascal
    • #7
    • 30th Nov 17, 4:08 PM
    • #7
    • 30th Nov 17, 4:08 PM
    if I was not happy with Indigo's appeal rejection the final decision can be made at a Magistrates Court.

    the TOC have 6 months to issue proceedings in a magistrates court

    NOT Indigo or ZZPS
    Originally posted by pappa golf
    Does this also apply for the likes of Apcoa? They run the car parks for a number of train stations in the South. Are they able to take court action, or is the train operating company still the one calling the shots?
    • pappa golf
    • By pappa golf 30th Nov 17, 4:44 PM
    • 7,701 Posts
    • 7,973 Thanks
    pappa golf
    • #8
    • 30th Nov 17, 4:44 PM
    • #8
    • 30th Nov 17, 4:44 PM
    Does this also apply for the likes of Apcoa? They run the car parks for a number of train stations in the South. Are they able to take court action, or is the train operating company still the one calling the shots?
    Originally posted by RustyRascal

    private companies CANNOT over ride bylaws
    • hell14
    • By hell14 1st Dec 17, 10:10 AM
    • 2 Posts
    • 0 Thanks
    hell14
    • #9
    • 1st Dec 17, 10:10 AM
    • #9
    • 1st Dec 17, 10:10 AM
    I wrote a robust email to zzps.......Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct.

    Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

    In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

    I trust that I have made myself clear.

    They replied "Thank you for your email.

    This matter will not be referred back to our client. The options at this stage are to make payment or leave the account to progress.

    Your comments have been noted and the account will now run its due course."

    can they just ignore my letter? I have forwarded on the email chain to the Credit Services Association - cause you cant threaten and not follow through!
    • nosferatu1001
    • By nosferatu1001 1st Dec 17, 11:23 AM
    • 1,136 Posts
    • 1,165 Thanks
    nosferatu1001
    They can do whatever they like, given its not a regulated area
    Annex A doesnt exist. By "wrote", you copied an old template...
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