Penalty Notice - Paid Late - Indigo / ZZPS / Wright Hassall

Wheaty110

Hi,

I parked at Harpenden train station (operated by Indigo) back in March and forgot to buy a ticket - it happens sometimes during the run for the train! It was in my mother's car, and I didn't pay within 28 days. ZZPS sent a chasing letter dated a convinient 55 days after the fine occurred, asking for £124 - the £100 full penalty and a £24 admin fee. I paid the £100 only.

Since then my mother received another letter from ZZPS asking for £60, and then a further letter saying that the matter would be passed on to solicitors. I sent ZZPS an e-mail saying that I'd paid the £100 fine and for them to stop sending correspondence (without mentioning who was driving or anything). They replied to that e-mail saying that I was not listed as an authorised party on the account and therefore they were unable to discuss any aspects of the account with me. I replied asking them to therefore refund me the £100 payment if they were unable to deal with me, but surprisingly they didn't reply.

Last week my mother got another letter, this time from Wright Hassall, asking for the outstanding balance of £96. The letter says:

'We have been instructed by ZZPS Limited, who are acting on behalf of Indigo Park Solutions UK Limited in connection with the recovery of the above debt, which has been incurred following the failure to repay the Penalty Notice detailed above, and we require you to make payment in full within the next 14 days.

Failure to make payment in full or contact us to discuss repayment of this debt may result in us recommending to the Car Park Operator that the matter be enforced through criminal court proceedings. Such proceedings would require your attendance before the Magistrates Court...

I should add that the first letter from ZZPS stated the penalty notice occurred on 10/03/2016, and the second letter they sent through had the date as 03/10/2016.

I've looked around the forums but no-one seems to be in the same situation as me i.e. paid the fine but still getting chased.

Any advice welcome!

Thanks

Coupon-mad

I paid the £100 only.

OMG why pay them a flippin' penny?! They must be rubbing their hands with glee! You were a mug to pay, they now have you on a mugs' list. Madness! Next time Google it first.

You need to refer this as a formal complaint to the Solicitor's Regulatory Association, complaining about a breach of the SRA Code of Practice for misleading you and trying to collect money which is unrecoverable (the £96 is not covered by bylaws).

Luckily as this was 10th March, bylaws only allow a case to be laid before Magistrates within 6 months and you've paid the £100 so there's nothing to recover lawfully IMHO, they will not be able to and it will time out on 10th September. Hence my advice about a formal complaint to the SRA which also has the advantage of being a delaying tactic. Read the Code of Practice of the SRA and pick out the breaches.

Now, WH are not members of the CSA so you can't complain to the CSA but look here for a shining example of how to go through a Code of Practice with a fine tooth comb and complain about breaches:

https://forums.moneysavingexpert.com/discussion/comment/71007759#Comment_71007759

Remember that example is NOT the same CoP I am telling you to look at so you can't copy it - you need to complain to the SRA about breaches of their CoP by this solicitor.

And please recognise a scam next time you see one, before you get your wallet out.

Wheaty110

I know it was stupid - my mother was on at me as she was the one receiving the letters, so I thought paying them the fine (but not the admin fee) would get them off my / her case. Silly I know.

I will go through the SRA CoP and see what I can find, then send it on to Wright Hassall and see what they come up with. Any point e-mailing ZZPS again asking for that refund?

Thought not

Cheers

Wheaty110

Sorry to be a pain - am I to ignore the letter from Wright Hassall and just go sending the formal complaint to the SRA? I read the other CSA complaint - would that have been sent to the 'solicitors' after receiving their first letter? Nothing on the letter I've received says anything about a CCJ or Letter Before Claim etc...

Wheaty110

I have Gan's template letter from the pepipoo forum (can't post links ) sitting in my drafts folder ready to send to three of the 'real' Wright Hassall people. Any point?

Thanks again

Coupon-mad

Yes, fight back! That's what this forum and pepipoo are all about. You can cite ParkingEye v Somerfield as a case where added 'costs' of £60 were deemed an unrecoverable penalty. Maybe Gan's letter already mentions that?

As an amusing extra, I rather like the idea of sending WH a link to their own blog on the CRA 2015 here:

https://www.wrighthassall.co.uk/knowledge/legal-guides/2015/10/01/summary-guide-consumer-rights-act-2015/

...and finding a relevant quote from their own page there, to quote back at them!

Guys_Dad

What did the sign at the station say about paying? Was there a "discount" if you paid within x days and, if so, what was the number of days you had in order to get the discount?

Was there any mention of additional fees if you didn't pay within a number of days thereafter?

tahrey

I don't have anything helpful to add here, I just want to ask...

...have they SERIOUSLY set up a legal company, pretty much with the intent of frustrating any attempts to fight unfair charges, that's basically called "right hassle"? I'd call that not only taking the michael, but also the pot you michaeled into...

Coupon-mad

tahrey wrote: »

I don't have anything helpful to add here, I just want to ask...

...have they SERIOUSLY set up a legal company, pretty much with the intent of frustrating any attempts to fight unfair charges, that's basically called "right hassle"? I'd call that not only taking the michael, but also the pot you michaeled into...

No, sadly that is the name of a long-standing solicitor firm, no joke:

https://www.wrighthassall.co.uk/about-us/

Established 1846, would you believe, they are 'celebrating 170 years'. This debt collector drivel is just a sideline to rake in some money when other legal stuff goes a bit quiet.

Wheaty110

I sent the following to three names from Wright Hassall as well as the Complaints Partner.

---

[FONT=&quot]
[/FONT]
[FONT=&quot]Dear Sir / Madam,[/FONT]

[FONT=&quot]I refer to your letter dated 08/07/2016, regarding an alleged debt to your client, ZZPS Ltd.[/FONT]

[FONT=&quot]On behalf of my mother, XXXXX, this e-mail is a notice of intention to file a formal complaint to the Solicitors’ Regulatory Association in regard to a breach of the SRA Code of Practice, relating to the above reference. The debt is denied, your client has no cause of action, and I require you to refer the matter back to your client and cease and desist all contact except for the purpose of dealing with my complaint. [/FONT]

[FONT=&quot]Your client is well-known on internet consumer forums for using your organisation to send demands for payment for disputed parking charges that it does not own, or on behalf of a client that has no contract at that location. Either your client has misled Wright Hassall regarding the existence of any debt and you are an innocent party in this matter, or the letter was not sent with the authority of your company.[/FONT]

[FONT=&quot]Please inform me within ten days of the result of your investigation into this matter and the action you are taking in accordance with the Solicitors Code of Conduct. I will delay my complaints to the Financial Conduct and Solicitors Regulatory authorities for ten days whilst I await your decision.[/FONT]

[FONT=&quot]Yours faithfully,[/FONT]

[FONT=&quot]Wheaty110[/FONT]
[FONT=&quot](sent on behalf of XXXX)

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They've just replied:

[/FONT]
[FONT=&quot]Dear Wheaty110[/FONT]

[FONT=&quot]Thank you for your email, the contents of which have been noted. [/FONT]

[FONT=&quot]In light of the comments made, your email has been forwarded to the Customer Assurance team for review and response[/FONT].


[FONT=&quot]Unfortunately, we do not hold any authority to discuss this matter with you and ask that Mrs Elizabeth Lewis completes and returns to us the enclosed authority form we have attached for your convenience. Upon receipt of the completed form, we will be able to provide a response to the points you have raised.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Alternatively, should Mrs Lewis wish to provide verbal authorisation, please contact us on 01926 758101.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Yours sincerely[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Sarah Crossley[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Customer Assurance Team[/FONT]
[FONT=&quot]Wright Hassall Solicitors [/FONT]

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My mother is currently dealing with her own mother's estate and will. Also the number given in the WH e-mail is the same as the ZZPS letter, but different to what's on the website. I could ask for the response from the Customer Assurance team before proceeding further, or I could reply saying Sarah Crossley doesn't have the authority to talk to me about the matter. Or I could say that having paid £100 to the client, and having yet to receive a refund, I 'claim' authority or whatever. I could also add in the fact that my mother is dealing with her mother's estate and will and has provided me with her verbal authorisation...