Indigo / ZZPS response to template letter

newbieinneedofhelp

Hi all,

I received a Penalty Charge Notice at a railway station car park issued by Indigo.

I stumbled across these pages when looking into my options online, followed the advice and I've recently had an email response upon issuing an appeal online using the template available here on the newbies forum. Can anybody advise how best I can reply to the response I've received from ZZPS? Thanks in advance - your help is much appreciated.

For clarity, I appealed online on day 27 following receipt of the NTK. The PCN was received early January 2018, and I am aware of the 6-month time bar. Driver was not identified, and I used the template word-for-word without adjustment.

Response received from "Customer Services - for and on behalf of ZZPS limited":

Good morning,

Thank you for your recent online submission.

Please be advised that we do not consider this as an appeal.

We recognise this is as an internet template.

To confirm this is a penalty notice, not a parking charge notice.

This matter relates to a Penalty Notice issued under Railway Byelaws. An offence was committed by breaching Railway Byelaw 14 and therefore a Penalty Notice was issued against this vehicle.

The owner of the vehicle is held liable for all Penalty Notices issued on Railway assets in all circumstances, as such we have no course of action against the driver or hirer of the vehicle.

Photographic evidence can be found online at (ipaym website) to support the contravention and to show that a penalty notice was affixed to the vehicle.

Please accept this letter as our formal acknowledgement and response to the Notice.

You have provided no justification for the Notice. The processing of your data is warranted.

In any event, section 10(1) of the Act does not apply in circumstances where Schedule 2, paragraphs 1 to 4 of the Act are met, accordingly we are permitted to continue to process your data at this stage.

If this is not clear, we suggest you seek legal advice.

Kind Regards

waamo

Ask them why are they mailing you when they say the owner is liable. Ask them why they think you are the owner.

Redx

and read through a dozen or so recent INDIGO penalty notice threads so that you get the idea of what is going on and what to do at each stage, its not as if it doesnt come up on here every other day and there are millions of words already typed about it

anything in the last 6 months to 12 months is a valid read

Coupon-mad

No need to do anything, except - slowly, after 21 days each time - reply to string it out to the 6 months:

https://forums.moneysavingexpert.com/discussion/5803499

...or ignore them until the 6 months is up, and if ZZPS keep chasing for money then you can report them all over the shop, to the BPA, DVLA, ICO, your MP, Sir Greg Knight, and the Dept for Transport, and your local Trading Standards for chasing a 'penalty' that (will be by then) statute barred.

I appealed online on day 27 following receipt of the NTK.

According to what Indigo told the DVLA, you should not have had your data accessed...as discussed here:

https://forums.moneysavingexpert.com/discussion/5780104

Originally Posted by jac265
So keeper has now received Overdue Penalty Notice to Owner from PCN Admin centre with 28 days to appeal to 'ipaymypcn.net' . the keeper shall use the usual arguments regarding 'railway land' and POFa etc but i have one question - does the keeper refer to payment made for original ticket by the 'driver' or not? also The notice refers to a right to an appeal with POPLA - I thought Indigo had withdrawn this?

I shall also be writing to my MP, the DVLA and the BPA.

Make sure you remind the DVLA that they were told by Indigo that they were NOT getting DVLA data, not making keeper enquiries for these cases...we know that they are using ZZPS to do exactly that.

So you could start the complaints now in fact, because:

(a) the PCN promised POPLA but that was never offered when the appeal was rejected

(b) Indigo accessed your DVLA data, despite them telling the DVLA that they were 'not accessing data' in these byelaws cases. Oh yes they are!

More people should complain about this utter scam. Indigo were let off POPLA by the BPA when they whinged they were losing, leaving consumers with no ADR at all, some no doubt thinking (wrongly) that they are up the creek without a paddle:

https://forums.moneysavingexpert.com/discussion/5800261

https://forums.moneysavingexpert.com/discussion/5799957

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another 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 lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

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.

financerulez

Good start in using up that time. How about something like this? [Remove brackets]

Dear Sirs

If you issue template letters, you will receive template responses. You are required to provide an appeal service, yet will not accept my letter as an appeal. Please confirm why this is the case, and what needs to be provided for the appeal to count. [This will annoy them and waste you some more time.]

I am not aware of any proven byelaw breaches. Please confirm I have no liability as Registered Keeper. If you wish to hold the Owner liable, you should contact the Owner directly.

Please uphold this appeal or provide an explanation as to why you contend it does not form the basis of a valid appeal, including details of what needs to be included in the appeal for you to consider it an appeal.

Yours faithfully

X

[When they reply saying time has run out for the appeal, then pester them about an INDEPENDENT appeal. Especially if they referenced POPLA in their NtK]

nosferatu1001

At that point refer them tot he ADR regulations 2015 and state this states ADR shoudl be available for at least 1 year. State that your reasonable request for ADR will be used in court should this request be refused without reasonable cause.

newbieinneedofhelp

Amazing. Thanks everyone for the help.

As it happens I got another letter from ZZPS today whom say "your unpaid penalty has been passed to us to resolve". It's now £170 including £70 in "administration" fees!

I will reply to the email in a few weeks following the advice on here and keep you posted of the outcome.