Train Station "PenaltyCN"

Umkomaas

Castle wrote: »

Not any more...now at the PPF:-

http://www.pensionprotectionfund.org.uk/News/Pages/details.aspx?itemID=476&archive=1

Update...... for the interim! :rotfl:

https://www.gov.uk/government/news/julie-lennard-appointed-interim-chief-executive-of-dvla

Coupon-mad

Is there anything specific you or anyone else would recommend saying to the BPA. I'm sure coupon mad will drop by to say complain to DVLA too. My thoughts there would be around obtaining details fraudulently?

Well, bear in mind the DVLA have recently banned UKPC, and although we don't know why yet, it has been said that some of their employees were misleading motorists with new PCNs, by allegedly saying that UKPC could still pursue the keeper even when UKPC were banned in 2016.

So, this is similar (worse), surely? As soon as Indigo or ZZPS or whoever, demand money from a keeper or driver after the 6 months has passed to 'lay the case before Magistrates', then the demand is (from that date) unlawful, misleading in terms of liability, and the whole case then breaches the DPA, the KADOE, the BPA CoP and the Consumer Rights Act in one fell swoop.

Ask in a formal complaint, why the DVLA are letting Indigo get data then turning a blind eye to them using that data outside the six months? Tell the DVLA that you require a thorough answer and proper investigation because you will then be taking the matter to the Information Commissioner as a formal complaint about a DPA breach by Indigo an their agents, with the DVLA knowingly allowing this state of affairs to continue since 2017. And you will ask the ICO to consider the wider picture of all cases affected, including people misled by ZZPS, into paying Indigo.

twhitehousescat

Coupon-mad wrote: »

Well, bear in mind the DVLA have recently banned UKPC, and although we don't know why yet, it has been said that some of their employees were misleading motorists with new PCNs, by allegedly saying that UKPC could still pursue the keeper even when UKPC were banned in 2016.

So, this is similar (worse), surely? As soon as Indigo or ZZPS or whoever, demand money from a keeper or driver after the 6 months has passed to 'lay the case before Magistrates', then the demand is (from that date) unlawful, misleading in terms of liability, and the whole case then breaches the DPA, the KADOE, the BPA CoP and the Consumer Rights Act in one fell swoop.

Ask in a formal complaint, why the DVLA are letting Indigo get data then turning a blind eye to them using that data outside the six months? Tell the DVLA that you require a thorough answer and proper investigation because you will then be taking the matter to the Information Commissioner as a formal complaint about a DPA breach by Indigo an their agents, with the DVLA knowingly allowing this state of affairs to continue since 2017. And you will ask the ICO to consider the wider picture of all cases affected, including people misled by ZZPS, into paying Indigo.

awaits barrister etc with funding to sort this

Hockey27

@ Coupon Mad - Will go to the DVLA with something like that! Although the PPC in question isn't Indigo, I'm guessing change indigo to the PPC in question but same premise!


I haven't been chased by the PPC yet, but I have chased them requesting that they confirm that its cancelled.

Waamo has hit the nail on the head though, it confirms that the land is Byelaw land therefore nothing more they can now do as its past 6 months since the "event"

Hockey27

Interesting "non" email from the PPC

Thank you for your email.

Please be advised that PCN's issued at a South West Trains site are issued under Byelaws; therefore, a POPLA code will not be provided. Further appeal options were provided in my previous email sent on 08/01/2018.

For reference, the previous email told me to contact the TOC, it appears as if they want me to give my details to the TOC voluntarily, not going to happen!

Going to go back to them now asking them to clarify if this "PCN" is under byelaws or a civil breach.

twhitehousescat

Hockey27 wrote: »

Interesting "non" email from the PPC

Thank you for your email.

Please be advised that PCN's issued at a South West Trains site are issued under Byelaws; therefore, a POPLA code will not be provided. Further appeal options were provided in my previous email sent on 08/01/2018.

For reference, the previous email told me to contact the TOC, it appears as if they want me to give my details to the TOC voluntarily, not going to happen!

Going to go back to them now asking them to clarify if this "PCN" is under byelaws or a civil breach.

you have no contract or dealings with TOC , they decided to farm the parking out

waamo

Hockey27 wrote: »

Interesting "non" email from the PPC

Thank you for your email.

Please be advised that PCN's issued at a South West Trains site are issued under Byelaws; therefore, a POPLA code will not be provided. Further appeal options were provided in my previous email sent on 08/01/2018.

For reference, the previous email told me to contact the TOC, it appears as if they want me to give my details to the TOC voluntarily, not going to happen!

Going to go back to them now asking them to clarify if this "PCN" is under byelaws or a civil breach.

I think that makes it absolutely clear it's a byelaws ticket. I would tell them 6 months is up and F.R.O.

Hockey27

@ twhitehouse - good point!

This is my reply to them....

Can you confirm to me the following, is this "PCN!!!8221; for;-

1 - Breach of contract
2 - Breach of Byelaw

Can you also clarify what actions you may take in order to recover costs. Previous emails stated court action, please explain further?

Hockey27

From Steve Clark

Thanks for your note

If a case were to proceed to Court, you are correct that the matter would be considered at Magistrates Court.

The proceedings would not be initiated by CP Plus or any organisation representing them - the Train Operating Company (TOC) would take the final decision to initiate.

It should be noted that for a parking matter, the amount awarded by a Magistrates Court could be as high as £1000 - I say this not to worry you but so I have properly informed.


Will go back to him now...

Thank you for your reply and for noting the situation.

I must admit to still being a little confused. Can you let me know how the Train company might bring these charges when a private parking company have requested my details from the DVLA, and the Train company are not AOS members? Surely I am dealing with the Parking company?

Should the Train company look to take court action, are there any timelines to indicate when I might hear something or when these might time out?

waamo

I love that you are making them work for their money (or lack of). I would ask as a bemused motorist who needs to understand what is happening.