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Can i still appeal or shall i pay?

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Comments

  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This was in an email from customerservices@zzps.co.uk

    Also will do as you ask on the which thread.

    That's what I thought. Thanks for confirming. So, we now know that the Indigo has employed a company to lie to you.
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  • Agreed, i hadn't actually picked up on that until you pointed it out. Good spot.
  • Castle
    Castle Posts: 4,953 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Anyone know who QDR Solicitors are? And should i wait for QDR to send me something in post/email or is there something I need to do?
    QDR are a 100% owned subsidiary of Wright Hassall LLP.

    QDR are also members of the Credit Services Association, (CSA).
    http://www.csa-uk.com/consumer/our-members/
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    Anyone know who QDR Solicitors are?
    Yes, and so will you when you pop 'QDR' into this forum board search dropdown (level with the new thread button on page one of this sub-board) and go 'advanced search' and 'SHOW POSTS'.
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  • NothingExpert
    NothingExpert Posts: 53 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    edited 19 January 2018 at 5:49PM
    Thanks @Coupon-Mad - did that immediately after i posted...and found loads - probably should have updated my post

    So latest situation - I got a letter from them
    '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

    Need to consider what my best response to this is

    My understanding is that only Indigo can take me to Magistrates Court and obviously everything we've discussed already, but should i just ignore as their threat is meaningless, or send a response rejecting the debt or something to that effect to extend the email-tennis
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My understanding is that only Indigo can take me to Magistrates Court...
    You are mistaken.

    Indigo cannot take anything or anyone to a Magistrates Court.

    Only the Train Operating Company can do that.
  • Umkomaas
    Umkomaas Posts: 43,785 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    KeithP wrote: »
    You are mistaken.

    Indigo cannot take anything or anyone to a Magistrates Court.

    Only the Train Operating Company can do that.

    And neither Indigo nor ZZPS can pass on your details to the TOC (DPA breach), so they’re all pretty much up shoot creek without a paddle.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Handbags-at-dawn
    Handbags-at-dawn Posts: 210 Forumite
    Fifth Anniversary 100 Posts
    edited 1 February 2018 at 1:02PM
    KeithP wrote: »

    Indigo cannot take anything or anyone to a Magistrates Court.

    Only the Train Operating Company can do that.

    There seems to be general belief that only the TOC can prosecute, but despite extensive searching I have found no authority for that. Under s6 Prosecution of Offences Act 1985, anyone can bring a private prosecution - it says nothing about having to be the injured party.


    So think Indigo can prosecute, actually. (I'd be very pleased indeed to be proved wrong!) They are just very unlikely to unless they decide to make an example of someone.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OK, I concede that I am party to that 'general belief'.

    I am happy to learn from this. Thank you.
  • Just thought i'd give an update on this case.

    After the case going to QDR, i got one further letter threatening me, a few text messages and a call from an automated system which i did not pick up.

    Considering the alleged incident happened on the 29th of August, the six months expired at the end of Feb.

    So the TOC have not bought any claim within the 6 months period can I assume this is all finished or are there any activities i need to undertake to bring this to closure?
This discussion has been closed.
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