Indigo/ZZPS Letters re Southeastern Station Parkin

carolinebapganza

I wonder if anyone might be able to help me please as I'm freaking out and am reading conflicting information on the best course of action.

I have parked at my local South Eastern train station car park (Crayford) for a number of years (and have the receipts to show). I am always in a massive rush in the mornings as cannot drop my daughter to school until 7.25am in Bexleyheath and then have to rush back to Crayford for either the 7.36 or 7.40 train. Because of this I pay via the app as I don't have enough time to go and physically buy a ticket. There have been a few occasions where the app won't work and therefore I haven't had a ticket on these days. My fault I know as I could phone a number to pay but to be honest it always goes totally out of my mind once I'm at work and up to my eyes in it!

In the past I have appealed when these tickets have come in citing the app failure and also the fact that people park over two spaces and they don't get ticketed for it etc (I have pictures of this) and they were written off. However, I have ignored the last couple of tickets I have received because I've googled so many things that say not to acknowledge it etc (yes, I am clearly stupid!) and they have now turned into demanding letters from Indigo. The first one is for a ticket dated 3rd October which I ignored and have now subsequently received a letter from ZZPS where they have hiked the cost up to £170.

Yesterday I also received another letter from Indigo for a ticket on 18th January demanding £124 from me which I assume will also pass to ZZPS if I ignore it.

I am burying my head in the sand and ignoring these at the moment as I don't know what to do but I'm becoming really anxious and worried. If I had the money I would probably pay them at this point because I'm really freaking out about it but unfortunately I haven't. Any advice would be really gratefully received!

I have tried looking at some of the threads but get very confused but what is the best thing to do. Most of them seem to be that people have appealed using POPLA but I imagine i'm beyond that phase now that it's gone to ZZPS. I've also read to never acknowledge them and so I am not sure what the best course of action is!

Thanks in advance!!

Umkomaas

I have tried looking at some of the threads but get very confused but what is the best thing to do. Most of them seem to be that people have appealed using POPLA but I imagine i'm beyond that phase now that it's gone to ZZPS. I've also read to never acknowledge them and so I am not sure what the best course of action is!

Do please read the opening post in the following thread created by an absolute newbie (like yourself). The issue is completely encapsulated by this excellent analysis and proposal for dealing with it.

https://forums.moneysavingexpert.com/discussion/comment/73963466#Comment_73963466

carolinebapganza

Hiya. I did read this but thought that it was a different scenario as they had parked and caused an obstruction whereas mine was failure to display a ticket

Le_Kirk

carolinebapganza wrote: »

Read this reply too which confused me as I don't know what an LBC or MCOL is?

LBC = Letter Before Claim
MCOL - Money Claim On Line
All the acronyms are explained in the Newbies section - go there and read NOW.

carolinebapganza wrote: »

Also, is it best to .........

Go to the Newbies Sticky and read it until you understand it. It will take some reading but you will get there.

carolinebapganza

Thank you - sorry to be the annoying new person who isn't paying attention properly - I'm just a bit anxious about this situation if I'm honest and finding it hard to think clearly!

Thanks for your help.

financerulez

Do as the above have suggested and reread the newbies post and try searching Indigo and reading a few threads.

Don't be anxious or worry yourself - you're in an absolutely fine position. The fact you've ignored them is better than appealing and telling them you're the driver - don't do that. You'll almost certainly not need to pay them a penny.

It would be useful for us to see the original correspondence (redacted so you don't give away your identity) so we can see whether Indigo are trying to claim a byelaw breach, a t&cs breach, or a bit of both.

If it's their usual tripe, the 3rd October one will effectively expire in just over 2 weeks, but you'll have to play letter ping pong with the January one, until July. Or you can ignore, but the letter ping pong is the better option for time wasting in this case.

Note theres no POPLA for byelaw cases, and hasn't been for some time. Type Indigo into the search bar and read about cases from last 6 months, and your mind should be put to ease

The_Deep

Indigo/railway land parking tickets are a scam, read this

https://forums.moneysavingexpert.com/discussion/comment/73963466#Comment_73963466

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

Parking Eye, CPM, Smart, and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

waamo

Your ticket is no different. The reasons for a ticket are actually pretty incidental.

The thread linked to by Umkomaas sums the situation up perfectly for nearly every ticket including yours.

carolinebapganza

Hi. I'm unable to upload the letters because photobucket is blocked on my work computer but the wording on the letter from Indigo is as follows:

Overdue Penalty Notice to Owner

A Penalty Notice was affixed to the above-mentioned vehicle which was parked on Railways Assets (Railway Property) in contravention of the Railway Byelaws ("Byelaws") as displayed on the signage at the location. Photographic evidence can be viewed at ipaymypcn].

An offence was committed by breaching Byelaw 14 and having identified that an offence occurred, your data has been released by the Driver and Vehicle Licensing Agency as our client has reasonable cause (under Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002); DVLA records indicate that you were the registered keeper of the vehicle on the date of the offence.

You may be legally liable for this offence even if you were not the driver at the time.

The notice affixed to the car as noted above was an offer to allow you an opportunity to avoid a criminal prosecution. It has not been paid, so further administration and debt recovery charges have now been added. if this offer is not accepted, then our Client may pursue you through the Magistrates Court by way of a private criminal prosecution. This can result in a fine not exceeding level 3 on the standard scale, as set out in section 37 of the Criminal Justice Act 1982, currently £100.

Additionally, Byelaw 14(4)ii allows for vehicles to be clamped, and our client may well exercise this option in future. you will be liable for all costs associated with the clamp, its removal as well as any unpaid penalty notices outstanding for the same VRM.

the amount of £100,00 is now due and we invite you to take up this offer immediately.

Please pay this penalty now or see overleaf for further details.

carolinebapganza

The letter from ZZPS is far more simple:

Your unpaid penalty has been passed to us to resolve.

The balance owed is £170 and includes late payment and debt recovery charges.

What you should do next:

Pay
Contact us
Telephone: 01932 918916
Email: customerservicesatzzps
Write: Address as at the head of this letter
Seek advice (details of how and where are contained overleaf)

Please do not ignore this letter; we are here to help you resolve this penalty.

However, we will continue to pursue the matter in the absence of any contact from you.

Yours sincerely

Customer Services
ZZPS Limited

The_Deep

What they have not said is that only the TOC can instigate a prosecution (private), within six months of the event, in a Magistrates Court against the owner of the vehicle or the driver. That any fine imposed would go into the General Fund, (i.e. neither the TOC nor the PPC would benefit).