Forgot to pay - called - what to do

Coupon-mad

I would go further and tell Indigo in a formal letter, that because the case is at POPLA they have breached the BPA CoP by increasing the 'penalty' and their data controller has also breached the first and second principles of the Data Protection Act, by processing and sharing data in order to issue a premature and wholly unwarranted demand.

Then you can break the news to them that this means you now have grounds to sue Indigo and their principal (Govia/Southern?) for data misuse.

Then you can prepare a LBCCC for both, like here:

https://forums.moneysavingexpert.com/discussion/comment/71791603#Comment_71791603

It is high time and long overdue, that parking firms which take the mick are sued, where there is a clear DPA misuse issue. The BPA CoP prevents them for continuing 'work' (LOL!) on a case while it is at POPLA, it is that simple. And it looks as though they have applied to the DVLA very late and without 'reasonable cause'.

pappa_golf

CM and fruitcake , POPLa have added to this by saying

1 September 2016. Parking operators should not pursue payment while the cases are adjourned."

this case is on railway land and is (according to them) adjurned


quote:
"POPLA has decided to adjourn all cases on which the parking operator has asked the motorist to make a payment in respect of alleged breach of Byelaws.

anothpark

thanks for the replies all

Here's a copy of the letter they sent with personal details removed.

I can't find anyway to update my POPLA appeal with extra info after I submitted unfortunately but might call them tomorrow. Or should I not bother with a complaint to POPLA and just Indigo and the train company?

Just wanted to share the letter as obviously if I start threatening legal action I don't want to be hit with a bill for something if it's actually a non-starter.

I'm guessing it doesn't matter that the letter is from Indigo themselves in this respect i.e they've not passed my details onto a debt collector like in the link, but rather as it was at POPLA they had no cause to go to the DVLA even internally (as outlined by BPA?) and that is the breach of the DPA?

pappa_golf

wow! that is the most bylaw letter I,ve ever seen,

so nice of a company to try and bribe you into paying , then thro the threat of clamping at you

clamping for what?

anothpark

I guess just for parking!

Just drafted this together as a first formal complaint

Formal Complaint
With regards to your ‘Overdue Penalty Notice To Owner’ date issued 29/12/2016 and received on 03/01/2017. You have sent me an overdue notice when no ‘Notice to Owner’ has ever been issued and you are asking for increased charges.
As this PCN is currently sitting with POPLA in their appeals process and as of today ( 03/01/2017 ) still shows a status of ‘Operator information and evidence’ as ‘in progress’ I believe you have broken the British Parking Association code of practice whereby you cannot further process this PCN or increase charges whilst an appeal is in progress. Furthermore as your letter also states you have retrieved my information from the DVLA, believe you are also in breach of the Data Protection Act 1998 (DPA) as you have no cause to do this based on the facts above.
The facts are that I made an appeal to Indigo directly then a further appeal to POPLA, the independent adjudicator, which at this time is still in progress. However, whilst the case was under appeal, you have taken a deliberate step to acquire my data prematurely and unlawfully. As such I believe this leaves me in a position to sue Indigo and the Train operating company and you should expect a ‘Letter Before County Court Claim’ and I will also be reporting you to the BPA and DVLA

pappa_golf

also remember the words of popla

" 1 September 2016. Parking operators should not pursue payment while the cases are adjourned."

https://popla.co.uk/

Coupon-mad

I think you should first ask the DVLA who obtained your keeper data and when, so you have the facts. Click on pappa golf's name to read his posts with such a letter advised on other threads.

As for POPLA, you can tell them about this, as and when Indigo send them 'evidence' (if they do).

pappa_golf

Example Letter

[Your Address]

DVLA Vehicle Record Enquiries section

Longview Road

Morriston

Swansea

SA99 1AJ

Dear Sirs

Re: VRM AB12 XYZ

As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, how often and when did the DVLA send the keeper details out. Please advise the information with regards to events between xx/xx/xx/ and xx/xx/xx.

I understand there is no charge for this information and look forward to your speedy reply.

Yours faithfully

Mr Registered Keeper

anothpark

So the DVLA replied to me and Indigo Park Solutions UK limited requested the information after the case had been submitted to POPLA.

I've noticed that the PCN Admin Centre letter that was sent above says they are acting on behalf of their client 'Indigo Park Solutions Limited' and that it is actually a registered trademark of ZZPS Limited.

So to me this looks like they've requested my details after the case has gone to appeal - which I think is wrong in the first place and then past them onto another company which would be another breach?

Though it sounds like ZZPS bill DVLA enquiries as one of their services http://www.zzps.co.uk/services/dvla-enquries as well as http://www.zzps.co.uk/services/notice-processing/ipaymypcn iPayMyPCN which is where their letter tells me to pay and appeal

But the DVLA letter implies that Indigo requested the details but 'PCN Admin Centre Indigo'/ZZPS are the ones that have sent the letter using those details. But it could be that ZZPS requested the details as Indigo...

Interestingly enough they actually sent me 2 letters about the overdue notice, one the next day after the previous one arrived!

Should I write a letter to Indigo and reply to ZZPS on their iPayMyPCN website also informing them they have no right to do this?

anothpark

I've got an opportunity to leave some comments on my POPLA appeal as well but only for the next couple of days. It's meant to be a chance to leave comments on their evidence rather than add new points, but seen as you can't update appeals once submitted seems like this is my only opportunity to point this out