HELP! Pregnant, stressed and ZZPS email needs answering

Lemmypoos

Hello all

I received a parking ticket on railway land in September. I forgot to appeal at the time but did so after my partner received a letter from ZZPS.

I got some advice on here and sent some correspondence to ZZPS by email. Below are my email and their response. Can anybody give me some advice on what to do next?

My other half is pushing me to pay (because I'm heavily pregnant and he doesn't want me to stress out) but we really can't afford this at the moment and I did actually pay for parking albeit a little late!

Wording on the byelaw signage states "users must purchase a valid cashless parking session covering the duration of your stay". It doesn't state payment must be made immediately on parking your vehicle as claimed (though this wording may be on the payment machine which I didn't see).

Any help gratefully received.

My email:
You issued the owner of the above vehicle with a parking ticket which I believe was unfairly and/or unlawfully issued. The owner has not received a “Notice to Owner” as required.

On 14 September 2016 you issued a parking ticket claiming that the car XXXX XXX was parked without displaying a valid permit.

I paid for parking on 14 September 2016 – please see receipt attached. This payment was made via mobile telephone from London when I remembered to pay for parking (unfortunately I had not been sent a text reminder to pay for parking the morning of 14 September 2016 but paid as soon as I remembered).

Signage at XXXX Train Station does not state that payment by mobile telephone has to be made by a certain time. Consequently I do not believe that the parking ticket has been lawfully issued and/or that the land owner has suffered any loss. If any loss has been suffered the level of fine is not commensurate.

Additionally, it is not possible to display a valid permit when making payment by mobile telephone so I do not believe that the byelaw alleged to have been contravened applies in this case. Consequently I do not believe that the parking ticket has been lawfully issued.

I am currently 31.5 weeks pregnant and was pregnant at the time of the contravention. I believe that this means you are required to make reasonable adjustments under the Equalities Act 2010 as pregnancy is a protected characteristic. I would ask you to take this into account when considering my explanation for having paid for parking later than usual on this date.

In all the circumstances I would invite you to cancel the fine on the grounds of no standing and no loss to the owner of the car park.

I have been advised to remind you that a railway car park covered by byelaws isn’t relevant land under POFA so you cannot transfer liability to the driver for this matter. If you choose to pursue me in this matter please be aware that I will only respond once you have answered the specific points raised above.


Their response:
Good afternoon

Thank you for your email, the contents of which have been duly noted.

If you want us to consider this matter as an appeal we require a full address for yourself.

We advise in addressing the points you raise:

- the Notice to Owner was sent 19/10/2016

- At the time the Penalty Notice was issued there was no parking displayed on the vehicle and the Parking Attendant was unable to locate an electronic payment.

- The signage relating to "Pay by Phone" state that "payment must be made immediately on parking your vehicle"

- The Equalities Act 2010 is irrelevant to this matter.

- The proof of payment you have supplied confirms that at the time of issue of the Penalty Notice there was no valid payment of any kind for the vehicle.

Kind regards

Chris

Customer Services
for and on behalf of ZZPS Limited

Redx

IGNORE zzps

which PPC was it ?

edit I see it was INDIGO from your previous thread

https://forums.moneysavingexpert.com/discussion/5546157

pm crabman or soolin and ask them to merge this thread with your previous thread

ie:- one topic , one thread

only respond to INDIGO if they or the TOC send an LBC or an MCOL in the post

in theory this is covered by byelaws and the TOC should send a pcn and take you to magistrates court within 6 months

so IGNORE zzps, they do not need replying to

Lemmypoos

Thank you for your quick response.

Can you just help me out with some of your acronyms please so I'm clear on what to do?

TOC? LBC? MCOL?

Do you think Indigo are likely to take me to court? I just don't think I could deal with that and a newborn next year!!

Redx

TOC = Train Operating Company , they lease the stations (or may own them , no idea) - ie:- its their car park for one reason or another , I assume one of you used their facilities on the day ? (ie , caught the train)

the others are in the NEWBIES sticky thread which you should have been reading since all this started

please read it so you understand and so what you know to do in future if it happens again

no idea if Indigo will try a court case, but as this is covered by byelaws it is unlikely, as the TOC should issue you a trespass notice within 6 months , not INDIGO

the DCLG (google it) or looking into these issues at the moment

your biggest mistake was ignoring it instead of appealing to INDIGO as soon as the postal notice arrived

Carthesis

Threads need merging, but you haven't used the wording I suggested on the previous thread, specifically regarding that pregnancy has been linked with absent-mindedness. They're trying to sneak out of Equalities Act compliance, as well as ignoring that you've paid for parking.

POFA is Keeper liability, but doesn't apply on railway land anyway.

Only the Owner can be taken to court, only for trespass, and only within 6 months.

Ignore ZZPS as they've no power.

Guys_Dad

At bthe moment you are in no-man's land. Your partner has had the NtK and correspondence which puts him in the frame for payment but you have admitted driving but not supplied any address.

They will be coming after him till you do.

Redx

agreed

here is what I want you to do

I want you to get ALL the paperwork you have received so far, plus any proof of paying for parking etc on the day , so all the evidence you can muster, on paper , put it into a folder and mark it with INDIGO 2016 or something similar

from now on , you file all paperwork from ZZPS , unopened , into this folder (or skim read and then put into the folder) and go about your life , worry yee not

if , and thats a big if , you get any of the following , come back and post with redacted scans of the new paperwork

1) any further letters from INDIGO

2) any LBC OR MCOL or court summons from the TOC

3) any MCOL from Northampton Courts (the governments central BUSINESS CENTRE they all use in Northampton - ie:- MCOL , google it)

dont come back if you get any debt collector letters from any DCA including ZZPS or ones that are similar , they are powerless

no BAILIFFS will turn up as they need a court order to enforce, so if it hasnt been to court , it cannot happen , so its stalemate (for the next 6 years)

now stop worrying and do the above

Lemmypoos

Thank you all very much I really appreciate it.

Coupon-mad

My other half is pushing me to pay

Don't even think about it!

As this is railway land under bylaws, this times out after just six months.