Debt Collector Letter despite ongoing Appeal

Nick0902

Sorry folks, another Indigo situation which I could use advice on.

I parked in the station car park on 25th January in the morning (08:00 ish), grabbed the train into London and purchased my day pass for parking online at 08:54 (when I got to the office). On returning to my car that evening I had received a penalty notice at 08:30.

I appealed the notice on the grounds that the ticket I purchased stated I had paid for parking between the hours of midnight and midnight (24 hours) so had a contract for parking services covering the period my car was in the car park. I accept that I didn't buy a ticket within 30 minutes of parking as stated in minute writing on the sign however thought that purchasing as quickly as possible and being issued (and charged for ) a full days ticket would have been sufficient. On the 16th February to no great surprise, Indigo rejected it.

I requested the verification number on the 20th February stating I was going to appeal. No response so I requested it on multiple occasions to no avail.

On returning from holiday on the 2nd April I see that I had an email dated 30th March stating that Indigo had agreed with POPLA in September 2017 that appeals weren't to be allowed so would not issue a verification number.

In the post I also found a letter dated 22nd March from ZZPS (debt collectors) stating my fine had increased to £170 and that they will continue to pursue me if I don't respond.

So, questions I have are:-
- whilst in dialogue with Indigo, can a debt collector be assigned without any notice?
- I have a contract for parking services from Indigo for the 24 hours, can I use this as breach of contract
- A small point but I paid £8 for parking, can I pursue them to get it back (I'll try anything with these people)?
- if I go to the magistrates court, will I be hit by costs in addition to the ever increasing fine?

If anyone can provide any clarity on this I would very much appreciate it because I recognise I missed the 30 minute deadline however purchased as soon as I could and do not believe their actions are reasonable.

Many thanks
Nick

Fruitcake

Complain to the BPA, DVLA, your MP and Sir Greg Knight MP that you are being harassed whilst the case is still in the appeals stage.

It is not a fine.

Have you read the NEWBIES that explains all about this scam.

You should also demand to know why you are being denied access to Alternative Dispute Resolution as is your right in accordance with the ADR Act 2015.

These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

The scammers can't take you to magistrates court, only the TOC or landowner can do this, and the scammers can't pass your details to them.

You need to keep playing Q and A ping pong with the scammers until this times out after six months.

System

between the hours of midnight and midnight (24 hours)

AFAIK all Indigo tickets are 4am to 4am.

Anyway this is a byelaws ticket that times out after 6 months.

Here is what you need to do with the paperwork you get from now until the 6 months limit.

waamo

Take a read of this https://forums.moneysavingexpert.com/discussion/5803499

nosferatu1001

Not paying within a cetain amount of time isnt a byelaws offence

Keep up the letter tennis with Indigo, and tell them to FRO at the 6 month mark.

In future DO NOT identify the driver.

financerulez

Nick0902 wrote: »

So, questions I have are:-
- whilst in dialogue with Indigo, can a debt collector be assigned without any notice?
- I have a contract for parking services from Indigo for the 24 hours, can I use this as breach of contract
- A small point but I paid £8 for parking, can I pursue them to get it back (I'll try anything with these people)?
- if I go to the magistrates court, will I be hit by costs in addition to the ever increasing fine?

1. Yes, if they have rejected the appeal. Tbh they do whatever they feel like. A debt collector is just a company, this isn't the bailiffs or anything. For anything other than a robospam debt company, a judge would need to make an award in court - not gonna happen.
2. No. Indigo has not entered into any varied contract you are proposing.
3. No. To get it back you would have to take them to court, and it's not worth it for 8 quid. Also can't see a judge agreeing with you.
4. Their made up figures are irrelevant at Magistrates' Court. The Magistrates' Court fine is anything up to £1000, it's usually a calculation done based on your weekly earnings.

All of this is irrelevant though, as they won't go to Magistrates' Court. They would have to pay thousands for a private prosecution, they would have to win beyond reasonable doubt, and even if they did all that, they get nothing from it, as all Mag Court fines go to HM Treasury.

In future, avoid naming the driver. For this case you can either ignore the letters until 6 months is up, or play it safer and reply to them asking questions to time it out. Perhaps start with:

Does this amount represent an offer not to prosecute? I don't want to pay and then be taken to court.

They will say yes if they want to engage. You will then say well why are you calling an offer a debt, and why does this offer keep changing price, etc, etc. Read the Indigo threads for some creative questioning lines - take as long as their letters state to reply.

twhitehousescat

the moment you appealed to them , you were appealing to zzps , look at ipaymypcn and other payment portals , trading name of zzps

once a ticket is issued indigo simply pass any unpayed ones to zzps , to con people into thinking they are appealing to indigo

indigo offer NO appeal service (or any form or ADR) ,

tiz a scam , they are trousering £ thousands every day


all your money going over the water to a french company