Indigo - No 10 digit verification code

ndjfb00

Thanks for the fast response, ironically I was reading through #4 as you sent the reply, are we sure all is still relevant on that post @ 4 years old? I've read elsewhere that ZZPS and others are pretty much 'distant' recovery agents and rarely make house calls for PCN's (a shame) I guess if we get to county court status (and I lose) it's only then the bailiffs can attend my property and then I may get on TV.


ps - nil response from Mr Dunford

KeithP

ndjfb00 wrote: »

Thanks for the fast response, ironically I was reading through #4 as you sent the reply, are we sure all is still relevant on that post @ 4 years old?

Post #4 of the NEWBIES FAQ thread was...

Last edited by Coupon-mad; 21-09-2017 at 9:49 PM.

Umkomaas

I guess if we get to county court status (and I lose and fail or refuse to pay the amount directed by the judge by his deadline) it's only then the bailiffs can attend my property and then I may get on TV.

You seem to have missed the important point. And bailiffs can’t just rock up like that - they need an enforcement order. Forget it!

You’ll be asking next whether they can affect your credit score!

peter_the_piper

On the off chance that it does proceed make sure you have all info together complete with photographs showing there is no signage. Every little helps.

Handbags-at-dawn

Don't forget, only the Magistrates' Court can impose a penalty for parking in breach of the Byelaws. You are under no obligation whatsoever to pay Indigo's home-made version.

The ZZPS letter usually says something along the lines of "the penalty .....is an offer to allow you an opportunity to avoid a criminal prosecution". This confirms that the choice is yours: you don't have to pay it.

But then the letter confuses the whole thing by adding: "you are legally liable for this penalty even if you were not the driver at the time". That is a lie: you can't be because a) they don't have the power to impose a penalty; and b) no one is legally obliged to accept an offer.

Sometimes they say you're legally liable for the offence rather than the penalty. That's a lie too. Only the "person in charge" (ie the driver) can commit, and be prosecuted for, the offence of parking in breach of the Byelaws.

It's interesting what you say about the signage, I was at Haywards Heath station multi-storey (managed by Indigo) the other day. There were plenty of clamping signs dotted about but I couldn't find a Ts and Cs sign anywhere . I eventually found one outside, hidden behind the taxi rank. Apart from the fact the driver cannot be bound by Byelaw/contractual Ts and Cs which are not reasonably brought to his attention, this is quite a serious breach of the BPA code of conduct.

ndjfb00

Received the latest letter received from ZZPS. Wow only £36.00 extra now that their 'law' firm QDR are being made aware, more the merrier, it's almost getting laughable and I'm now getting really intrigued where this will all end up. Looking quickly on the net QDR seem to have a good few dirty tricks themselves. Their client is entitled to commence a 'private criminal prosecution' against my breach of Railway Bylaw 14. The could result in me being fined up to £1000.00 (level 3 on the standard scale) as set out in Sec 37 of the Criminal Justice Act 1982 - Members - when did this turn into a Criminal Act?? all I did was park in an unmarked bay!

pappa_golf

Their client is entitled to commence a 'private criminal prosecution' against my breach of Railway Bylaw 14. The could result in me being fined up to £1000.00 (level 3 on the standard scale) as set out in Sec 37 of the Criminal Justice Act 1982

write back , inviting them to do this or $%^ off

waamo

It’s a byelaws offence so would be tried in a magistrates court. The maximum fine is indeed £1k.

The thing is all of that would go to the government as it is a proper fine. That means no ccj to damage the credit file and as a byelaws offence wouldn’t really affect you in any way.

The train operating company would have to bring the prosecution as it is one of “their” offences. That means paying for a day in court then all the loot going to the government. What a great business model that would be.

Which is more likely, they keep sending threatening letters in the hope of getting cash or they shell out to take you to court knowing they get nothing?

To cap things off they only have 6 months from the date of the henious crime to start proceedings. After that it’s dead in the water. Scary letters have no time limit though.

pappa_golf

what offence was the original ticket issued for?

ndjfb00

Pappa Golf - parking in an unmarked bay, shame I cant post an image yet to show you, the 'bay' is on the end of other marked bays and easily interpreted as a legal bay to park in, I think it's a complete cash cow for them, everyday I see someone parked in there.


wammo - you make a compelling case to stand my ground, if I get my day in court and assuming I lose (lets hope not) I've always had a boyhood dream of 'doing a Sting or the Ace Face' from the Quadrophenia film, '' I'll pay your honour, anyone got a pen''