POPLA on hold due to BYLAW

Coupon-mad

I appealed to Indigo, and I have their code they sent me so I could appeal to POPLA.

So you now forward that latest email from Indigo that bleats that they 'have no record' of your appeal, to Steve Clark at the BPA and tell him you have serious concerns that Indigo and their apologists ZZPS are not GDPR-ready, and they are certainly not compliant with the BPA Code of Practice as regards 'stopping work/no debt collection letters' whilst a case is at POPLA.

Enclose a copy of their letter or email that gave you the POPLA code last year. Ask for the BPA to investigate how an AOS member can get away with bleating that they have 'no record' of the case. What are Indigo and/or ZZPS doing with their records, that they've lost this appeal record, AND lost the vital fact that they already had the driver's details, and thus went after the elderly keeper unlawfully for a daft, unconscionable sum of money he did not owe?

Remind Steve that your family currently sit significantly put of pocket due to an illegal demand that was sent to your Dad, alarming him into paying a stupid amount of money to make it go away, despite the fact he was not only not liable in law, but Indigo had no lawful excuse to write to him at all, given the fact you had appealed and given your details as driver at the outset.

Complain that Indigo appear to be lying about the appeal, or have (at best) negligently failed in their data handling, and this is the final chance for the BPA to get Indigo to refund the money and apologise to you and your Dad, before your Dad makes a formal complaint to the Information Commissioner.

As ever, also show Steve Clark a link to the URL for this thread, he does read them and if he is unsure of any detail, your thread explains the scam so well.

steve.c@britishparking.co.uk

twhitehousescat

I very much dout if indigo ever saw an appeal , this would have been done "out of house" by zzps , via the ipaymypcn portal

indigo do not touch any appeals on bylaw land , all cases are sent to zzps , who then add on there fees

this is in itself illigal , as the max figure should be £100 not £170 or whatever , ZZPS are NOT acting as debt collectors (at this stage) they are acting as the agents of indigo , but adding a fee

Coupon-mad

I very much dout if indigo ever saw an appeal , this would have been done "out of house" by zzps , via the ipaymypcn portal

Indeed, but ZZPS are Indigo's agents so whoever is pretending there 'was no appeal' or has lost the data, has failed as a data controller.

For these failures of the DPA data principles, and INDIGO are liable and should be reported to the ICO, and compensation pursued for the resulting loss caused by Indigo's error, omission, negligence or deliberate act in allowing their rogue agent to pursue the keeper again.

Mummy2211

Thanks everyone for all the advise for this, Its a been a year now since I actually got the PCN!

My dad was told HE had to pay other wise they would be taking him to court if it wasnt paied within 14 days of the letter - It was wrote to my dad in person his name and address. Even though like i have said i gave them my details the day after i got the PCN.
I also gave this information to ZZPS - I didnt appeal with ZZPS at all, and i have a letter from Indigo to say that they still uphold my PCN, but i am able to go to POPLA with the code on the letter, which is what i done.

I called POPLA on friday to see what was happening with the complaint, and i was advised they are still on hold at the moment by the BPA because of the BYLAWS (before i was told it was with the Department of Transport).

waamo

I think the only way you are going to get your money back is through the courts. They seem determined to hold onto it and the BPA seem determined to do nothing.

Either that or accept it has gone.

Mummy2211

I'm not giving up on this at all - So if it means I have to take them to court then so be it.

£170 paid for a £3.50 ticket that was also paid, So they were not even out of pocket.. but my poor dad is.

Its the fact that i have given then all my details and told them i was the driver at the time. but still they went to my dad, Maybe they somehow managed to find out how old he was and knew hes be an easy target.

nosferatu1001

It's your dad that would have to claim.

Mummy2211

So I have emailed Steve from BPA and although I wasn't expecting a quick response if one at all, I had one a couple of hours later..

I advised him that I would send him the link to this page, but he has already seen it..

Below is his response to my email..

Ms X

Thanks for your note and I am sorry to hear that you are experiencing problems with two of our members.

I have looked at the case on MSE and while I believe that I understand what might have occurred here, there is too much information/opinion for me to be able to digest - I hope that you can see what I mean. Can I set out the situation as I see it please? I am sorry but I will have to ask some questions to help with my understanding;

· There was a parking incident involving a car owned by your father and driven by you? While of course the details of the case are important to you I do not consider them to be material now although I may visit them later.

· You received a Notice on your windscreen and sought to make contact with the operator to challenge its issue, as well as informing them you were the driver - presumably as you did not want your father disturbed.

· At some point your case was transferred to ZZPS and you were informed of this by Indigo which prompted you to appeal to ZZPS in writing? Who gave you a POPLA Code and what was it please? Also the date of issue would be helpful please - approximate would be enough.

· You waited for POPLA to determine your case.

· At some point your father received correspondence from ZZPS threatening legal action if this the sum of £170 was not paid. It would be helpful to have sight of this letter if it is available please.

· Your father then paid the £170 to settle the matter -

· You have previously written to the BPA but have received no response - I am disappointed to hear this - could you give me an approximate date please? If you have had anything back from us at all, please let me know.

Looking back at my e-mail now, I see that I am asking a lot of questions but I want to be able to sort this matter out for you and to do that I need to understand the case - I am truly sorry to put you to more work.

Once I have your answers and supporting documents, I will be writing to both Indigo and ZZPS for comment, before reaching a conclusion. Please appreciate that I don!!!8217;t comment on what the end of a case may be, until I have finished it.

Kind regards

Steve Clark
Head of Business Operations

twhitehousescat

Umm , I spotted a tanker full of whitewash in Haywords heath this afternoon

to simplyfy

refund will be given , a stern warning (but no sanction points) will be TXT to the 2 companies teaboys

remember the 2 companies involved PAY the BPA for protection from customers

Coupon-mad

Yes, a refund will be given. Steve Clark will sort this out, but that's not the end of it.

What annoys me most is:

- we KNOW this isn't an isolated incident and this is the tip of the iceberg. We had another thread with a hirer or driver appellant, whose POPLA appeal with Indigo was on hold, and ZZPS wrote to the lease firm who paid the thing, again in a case where there was NO LAWFUL RIGHT to contact the keeper again. An intelligent guess would be that there must be more cases, off forum.

- the BPA are in charge of POPLA and could very, very easily ask POPLA to supply Indigo's Managers with a list of all the Indigo POPLA appeals that POPLA currently have parked (seeing as poor ickle Indigo/ZZPS appear to have either 'lost' or 'forgotten' about them). And no, the GDPR and 'we can't do that under data protection' excuse does NOT prevent POPLA from providing a list of POPLA codes/PCN numbers & dates (at the very least) to the company that generated the POPLA codes in the first place.

POPLA could write a simple letter confirming 'these are the cases currently on hold with this operator'. If that list can't go to the BPA (maybe not, due to the DPA) then OK, fine, it goes to Indigo directly and immediately.

Make Indigo work to reconcile the data & refunds due re this alleged DPA breach mess.

Given that contacting consumers with debt demands when a case is under appeal is a significant breach of the BPA CoP, the BPA could suggest (strongly) that Indigo have failed an Audit (come on, this MUST fail an audit, and if it doesn't, then the Audits have failed).

Indigo should now refund EVERYONE whose name is on the 'on hold' POPLA list, who has naively paid, and stop sending demand letters and indeed, they should cancel all the POPLA-parked cases due to (allegedly) losing the POPLA data and handing the VRNs to ZZPS.

Whose fault - Indigo or ZZPS - TBH, who cares, it's Indigo's liability as data controller, and they have shown themselves to be incapable of handling these cases properly and fairly under the data protection principles, as well as the BPA CoP. This seems to be a massive issue, a huge breach.

Sanctions beckon, surely.

This is just before GDPR, come on, what more do this lot have to do, right under the BPA's noses?


P.S.
One also wonders (off topic) (as Steve Clark is reading this thread) what the BPA are doing about Smart Parking allegedly not sending PCNs at all, as we have seen soooo many reports - dozens - of cases where the first letter is from a debt recovery firm.