Indigo penalty notice train station

Umkomaas

If the the penalty is not paid, then our client is entitled to commence a private criminal prosecution against you for your breach of railway byelaw 14.

I would immediately complain to the BPA and the DVLA about this gross misrepresentation of authority. Copy in your MP.

steve.c@britishparking.co.uk

david.dunford@dvla.gsi.gov.uk

The_Deep

Also in writing to Trading Standards. Cause them as much grief as possible.

ed_wood

Thanks as ever everyone, such a helpful place, fills me with joy to know there are so many good people willing to help others.
I'll write to the DVLA, BPA, trading standards. Any hints or tips as to what needs to go in the letter? Would the main body of my letter be the fact that they are threatening a criminal prosecution when they have no authority to do so which could therefore be seen as extortion?

Handbags-at-dawn

ed_wood wrote: »

Would the main body of my letter be the fact that they are threatening a criminal prosecution when they have no authority to do so which could therefore be seen as extortion?

No. This is not your best point. The right to bring a private prosecution derives from s6(1) Prosecution of Offences Act 1985. There is nothing to stop a PPC from doing so if it wants to - it's just that it is highly unlikely to want to. It doesn't need to be the injured party.

The gross misrepresentation of authority lies more in the attempt to act as both judge and executioner in their own case (in flagrant disregard of fundamental legal principles) by stating a) an offence has been committed and b) you must therefore pay a penalty.

Additionally, the assertion that the penalty was issued under s219 Tranpsort Act 2000 is absolute nonsense. The only mention of Byelaw penalties in the Transport Act is in Schedule 20, which gives the power for Penalties to be imposed only upon summary conviction - ie by the Magistrates' Court. This was confirmed by the Department for Transport which stated in writing that no-one but the Court can impose a penalty for breach of Byelaws 14 (1-3).

Since only the driver can be prosecuted, only the driver , upon conviction, would have to pay anything. No-one, whether owner, keeper or driver is liable for the PPC's home-made version.

Have a look at post 19 on this Pepipoo thread:
http://forums.pepipoo.com/index.php?showtopic=117767&st=0
Anon45 has set out the scam very clearly.

Coupon-mad

our next action is to pass this account to the law firm QDR solicitors ltd.

Big wow! NOT!

Google search QDR Solicitors parking (don't read their own website) and you will find this fizzles out.

However, I totally agree on the action needed - a formal complaint to all parties mentioned above.

I also think you need to show Which? Your letter and ask them to investigate this misleading threat of a 'private criminal prosecution' under byelaws that are only ever in the gift of the Train Operators/Railway itself:

https://forums.moneysavingexpert.com/discussion/5765579

Tell them what appears to be happening and ask Which? to investigate it as a priority in 2018. Certainly some random BPA member moneygrabber is the very last sort of company you'd want to be given any power to take out 'private prosecutions' - if this situation is looking set to slip under the Dept for Transport radar, it needs stamping on HARD.

I would ask your MP to ask questions of the Dept for Transport as I am concerned that I did read suggestions somewhere in 2017 that railway/airport byelaws enforcement might be changing to perhaps allow private charges from PPCs (hope I am wrong but I think the DVLA replied in a wishy-washy way to someone that byelaws enforcement changes were afoot).

If so, your MP needs to alert the Dept for Transport to this drivel and not let this situation to morph due to the (likely) lobbying of BPA suits pretending that the interests of the railways and airports are at the 'heart of their thinking' (exactly like the BPA used to spin the line that 'motorists' were - yeah, right).

Personally speaking (just an observation) I'd be deeply ashamed if I worked for a PPC Trade Body in any capacity that supported any private companies who are members. How can these people (so called Trade Bodies) support ex-clampers as they maraud around causing such distress and harassment to consumers for years (worse now than when clamping wasn't a criminal offence) and actually think that it's OK to do this in life?

To want to extend the powers of private companies in any way at all, is shameful. The industry needs banning completely. They do not protect land for landowners, they protect their own cash stream, and it gets worse year on year.

beamerguy

Coupon-mad wrote: »

Personally speaking (just an observation) I'd be deeply ashamed if I worked for a PPC Trade Body in any capacity that supported any private companies who are members. How can these people (so called Trade Bodies) support ex-clampers as they maraud around causing such distress and harassment to consumers for years (worse now than when clamping wasn't a criminal offence) and actually think that it's OK to do this in life?

To want to extend the powers of private companies in any way at all, is shameful. The industry needs banning completely.

As I said in another thread, Steve Clark of the BPA
is yellow bellied and is scared of his membership.

The BPA should be sacked from ATA status and
Steve Clark should resign as he is more useless
than his predecessor, ... upskirt Patrick Troy

ed_wood

Received a letter from the infamous QDR today. Here's what they've got to say for themselves:
"we have been instructed by ZZPS limited who are acting on behalf of indigo park solutions UK limited in connection with 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."

The two things I take from this are; the first paragraph really needs a few full stops! Why do they use the word repayment, surely that only applies to money borrowed?
They've put the cost up to £206

I've written a number of letters of complaint as recommended. Anything else I should do at this point?

pappa_golf

they seem to be confused about what actions there employer can take

neither zzps or indigo can start criminal proceedings regarding this parking event

indigo cannot pass your info on to the train co , as they signed a paper with the DVLA

now sit back for the next 3 mths

Umkomaas

If you’re up for it I’d write back and tell them that as the ‘penalty’ charge is already 3.5 months old, that they’d better get on with things as the Mags Court won’t deal with this after 6 months.

As this is an issue with Indigo, why have ZZPS instructed QDR? Ask them who provided QDR with your details, because the ‘authority’ to do so under the DPA aspect f Indigo’s KADOE contract with the DVLA does not extend beyond ZZPS.

Handbags-at-dawn

Seems like the QDR template letter is their latest thing:
http://forums.pepipoo.com/index.php?showtopic=116115&pid=1349682&st=60&#entry1349682

Perhaps you could also ask them to clarify precisely what offence the registered keeper is to be prosecuted for.