POPLA on hold due to BYLAW

twhitehousescat

Mummy2211 wrote: »

Thought i would give a quick update - Quick it is because not much has happened.

I had a letter from my MP to say, that they have had a response from Indigo just saying they are looking into the case for him and will be back in contact.. He wrote to them on the 9th Feb 2018 - They wrote back to him on the 16th March 2018, they said they would be back in contact within the next week.. So I should hopefully be hearing from them this week.

As for the others like BPA I haven't heard anything back from them at all.

do you actually think that a french owned private company <spit> give two $%^&* about a English MP ?

if you expect nothing , then you will not be disappointed

however the BPA , well what more do you expect from a private company set up to protect its members

Coupon-mad

Mummy2211 wrote: »

Thought i would give a quick update - Quick it is because not much has happened.

I had a letter from my MP to say, that they have had a response from Indigo just saying they are looking into the case for him and will be back in contact.. He wrote to them on the 9th Feb 2018 - They wrote back to him on the 16th March 2018, they said they would be back in contact within the next week.. So I should hopefully be hearing from them this week.

As for the others like BPA I haven't heard anything back from them at all.

Scan or take a photo of your MP's letter and email it to the BPA, saying it is 'disappointing' that you have not had so much as an acknowledgement from the BPA about this serious matter, of Indigo/ZZPS extracting money from a very vulnerable registered keeper, when the driver's name and address was already given by email and a POPLA appeal was lodged/on hold in the name of that (driver) party.

Say that you will be pointing this lack of response out to your MP, unless the BPA now appraise you of how the investigation is going and why they didn't reply to you at all.

Remind them that the person who paid £170 is elderly and had not had a debt collector letter in his life, so paid purely out of fear. This sort of conduct from any parking firm MUST be a serious breach of the BPA Code of Practice and cannot be simply brushed under the carpet, not even if the payment is refunded. The serious breach happened and according to the forums is NOT the only time this lot have demanded money from a keeper, reverting to putting pressure on that person, when they knowingly already have the driver's details.

Indigo/ZZPS cannot possible wriggle out of this one.

It was NOT a mistake, it's reportedly happened more than once, with money being gained from keepers are are not only not liable, but who must NEVER be contacted once the driver is known.

This is utterly unacceptable, BPA. It's a breach of the DPA principles, a significantly dodgy matter.

You know it, we know it. Show us you have teeth.

Mummy2211

Dam it didn't upload my email.. I'm not sure how I can add the letter for you too see??

Umkomaas

Mummy2211 wrote: »

Dam it didn't upload my email.. I'm not sure how I can add the letter for you too see??

To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox, Imurg or Tinypic), then copy and paste the URL here.

DoaM

Upload to dropbox or an image hosting site then post a link to it here. (Redact any personal details first).

Edit: SNAP!

Mummy2211

I have written the letter out below.


Thank you for you recent letter regarding Ms X Please accept my apologies for our delayed response to the letter.

Ms X had questioned Indigo's Authority to issue the pentaly notice she'd received. I have attached a letter from Govia Thameslink Rail which confirms Indigo have been granted the authority to issue a pentaly under the railway byelaws.

Ms X did not submit an appeal to Indigo within 28 day of the notice being issued. Therfore the notice was passed over to ZZPS, a Debt recovery agency. At this piont customers are given a further chance to appeal their notice. Ms X submitted an appeal directly to ZZPS on 15th June 2017.

I did submit it to indigo, but i didnt get a confirmation from them, i had even called them and given them my details over the phone. ZZPS DID NOT give a chance to appeal at this stage either, They said that i owed the money and i needed to pay it, as i am no longer allowed to appeal, and even told me i was lying about adding my registration into the parking machines, as these are not on site, as he was looking at the photos of the machines on site and they were standard machines.. When they are not, so i have no idea what machines he was looking at.
I had also AGAIN given ZZPS my details as i was the driver, and i was worried the stress it was casuing my dad. Gave them my details.



In Ms X appeal to ZZPS she stated that she made a payment at the machine but a ticket was not printed. The terms and conditions or the carpark state that a ticket must be displayed in the vehicle in order to be valid.

I didnt make an appeal with ZZPS at all, I did this with Indigo a seconds time, and that is where i got the response from Indigo stating that they declined my appeal and that would now have to appeal to POPLA and gave me the code.

If the machines do not print a ticket, We would exspect the customer to contact us and report am issue with the machine. The telephone number for our customer service department (03301235247) is displayed on the singage throughout the carpark and is open 24 Hours. An Agent is able to arrange alternate cover for the vehicle to ensure a penalty notice is not issued. However we cannot do this if cusotmers do not report the problem to us.

Granted maybe i should have spent more time looking and reading, but i just didnt think, and i thought because i had added my registration, it was logged on already, and thats why i didnt get a ticket, I had never parked there before. I couldnt read the signs anywa. Bad eye sight

The Notice is currently on Hold as Ms X has submitted an appeal to POPLA. No further action will be taken until POPLA deilver their verdict.
Very interesting, So why have ZZPS taken £170.00 from my father? or why had they even written to him if this was the case..


Kind Regards
Customer Relations Officer.

twhitehousescat

Mummy2211 wrote: »

I have written the letter out below.


Thank you for you recent letter regarding Ms X Please accept my apologies for our delayed response to the letter.

Ms X had questioned Indigo's Authority to issue the pentaly notice she'd received. I have attached a letter from Govia Thameslink Rail which confirms Indigo have been granted the authority to issue a pentaly under the railway byelaws.

Ms X did not submit an appeal to Indigo within 28 day of the notice being issued. Therfore the notice was passed over to ZZPS, a Debt recovery agency. At this piont customers are given a further chance to appeal their notice. Ms X submitted an appeal directly to ZZPS on 15th June 2017.

I did submit it to indigo, but i didnt get a confirmation from them, i had even called them and given them my details over the phone. ZZPS DID NOT give a chance to appeal at this stage either, They said that i owed the money and i needed to pay it, as i am no longer allowed to appeal, and even told me i was lying about adding my registration into the parking machines, as these are not on site, as he was looking at the photos of the machines on site and they were standard machines.. When they are not, so i have no idea what machines he was looking at.
I had also AGAIN given ZZPS my details as i was the driver, and i was worried the stress it was casuing my dad. Gave them my details.



In Ms X appeal to ZZPS she stated that she made a payment at the machine but a ticket was not printed. The terms and conditions or the carpark state that a ticket must be displayed in the vehicle in order to be valid.

I didnt make an appeal with ZZPS at all, I did this with Indigo a seconds time, and that is where i got the response from Indigo stating that they declined my appeal and that would now have to appeal to POPLA and gave me the code.

If the machines do not print a ticket, We would exspect the customer to contact us and report am issue with the machine. The telephone number for our customer service department (03301235247) is displayed on the singage throughout the carpark and is open 24 Hours. An Agent is able to arrange alternate cover for the vehicle to ensure a penalty notice is not issued. However we cannot do this if cusotmers do not report the problem to us.

Granted maybe i should have spent more time looking and reading, but i just didnt think, and i thought because i had added my registration, it was logged on already, and thats why i didnt get a ticket, I had never parked there before. I couldnt read the signs anywa. Bad eye sight

The Notice is currently on Hold as Ms X has submitted an appeal to POPLA. No further action will be taken until POPLA deilver their verdict.
Very interesting, So why have ZZPS taken £170.00 from my father? or why had they even written to him if this was the case..


Kind Regards
Customer Relations Officer.

agreed ,why have there agents sent out further letters , and indeed collected monies , whilst an active popla appeal is in force

they have clearly put there foot in it stating this

twhitehousescat

"Ms X had questioned Indigo's Authority to issue the pentaly notice she'd received. I have attached a letter from Govia Thameslink Rail which confirms Indigo have been granted the authority to issue a pentaly under the railway byelaws. "

granted permission by whom ? we thought that this was indeed a bylaw offence and as such tried in a magistrates court , there is NO penelty to pay , its as simple as being taken to court , NOT a BRIBE , not to be taken to court , this is a CRIMINAL CASE , NOT CIVIL , SO WHY ARE A PRIVATE (CIVIL) company getting involved with collecting moneys that are not due , (until a prosecution in court)

Handbags-at-dawn

Mummy2211 wrote: »

Ms X had questioned Indigo's Authority to issue the pentaly notice she'd received. I have attached a letter from Govia Thameslink Rail which confirms Indigo have been granted the authority to issue a pentaly under the railway byelaws.
.

GTR can say what they like - but Indigo's "authority" to impose a penalty has no more legal effect than "authority" to put you in the stocks and throw eggs at you. It's not allowed. Only the Court can impose a penalty for breach of the Railway Byelaws. Remember the letter from the Department for Transport you came across? (post 11 in this thread). To save you looking back, here's the link (bottom paragraph, first page):
https://www.whatdotheyknow.com/request/311011/response/770331/attach/2/F0013227%20Follow%20Up%20Reply.pdf?cookie_passthrough=1

When you reply to your MP, send him a copy of that as well. You might also ask him to check that the GTR letter was in fact addressed to Indigo Park Solutions Ltd. I'll have a fiver on it it was to Indigo Park Services Ltd - a different company. Just another lie to add to the rest you've listed. It all helps to reveal the duplicitous smoke-and-mirrors set-up the train companies have got themselves involved in.

Mummy2211

I have written to my MP again, with my comments under Indigo's statements, I have also sent him the letter from the Department of transport from here too.

So lets see what comes next.. I mean its only been a year now since I got this fine.