Indigo Parking - Railway Car Park - Appeal Rejected

fuziduck

Hello All,

I've been fighting a PCN received in a railway car park managed by Indigo on the 30th April
I've followed the advice to ignore the initial Penalty Notice issued on the car. Following this, the PCN Admin Centre have issued a Notice to Owner to the Registered Keeper, this was appealed with the standard template as noted in the newbies thread.
The registered keeper has now received a notice from iPayMyPCN (PCN Admin Centre) trading name of ZZPS Limited.
It states the appeal has been rejected for not parking with the marked bay and is therefore in breach of the terms and conditioned displayed on the signage.
It goes on to state that the appeals procedure has now reached the end and I am now required to pay the outstanding balance.
It also states the usual line about by law they are required to inform of the Ombudsman Services provides ADR however they have chosen not to participate.

I believe I am now at the stage of responding and requesting a POPLA code / ADR. (Only issue is they issued the latest letter on the 13th July and they expected payment within 14 days of the letter, so last Friday), but I think I've read that timelines like this are fabricated so I can reply whenever?

I have drafted the following short response to engage Indigo in mail ping pong. (Should this be addressed to ZZPS (Addlestone) or Indigo Park Solutions UK (Watford)?

Further to a letter received on the 13th July 2018 from PCN Admin Centre based in Bacchus House, Addlestone, the Registered Keeper of this vehicle requires an Alternative Dispute Resolution service to be made available.
Your letter states that by law you are required to inform that the Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with the appeal. Yet you have ‘chosen’ not to participate in their service.
It is a legal requirement to provide a form of alternative dispute as per the Alternative Dispute Resolution for Consumer Disputes Act of 2015.
As the Registered Keeper POPLA is being requested as this form of Alternative Dispute Resolution, please provide the relevant details to the above address.

Your advice would be greatly received.

Redx

yes, just keep stringing it out past the 6 month deadline, slowly , very slowly

they definitely will not give a POPLA code so will mention this fact which they say the BPA agreed with

as the driver and owner have not been divulged, then as keeper you are bulletproof and the TOC wont be issuing a penalty notice and taking anyone to Mags Court within the 6 month deadline

its just a game of cat and mouse, but a keeper only has to go through the motions for 6 months , then tell them to FRO as bylaws apply and the court deadline has passed

plenty of other INDIGO threads on this so read them if you dont understand

Fruitcake

Ignore the debt collectors, send the ping pong to Indigo.

Umkomaas

Ignore any demand for money - you won't be paying anything unless a Judge orders that.

I'd respond to the originator of the letter and, as they are the trading name of ZZPS (who are BPA members), I'd demand a POPLA Code from them. Not that you will get one, but it tees them up for a complaint to the BPA (who can't fob you off with Indigo has dispensation not to offer POPLA' excuse), with cc to the DVLA, as it's ZZPS now pursuing you, but seemingly as a PPC, not as a debt collector.

Sooner or later they are going to make a major screw up in tightroping some of this stuff.

fuziduck

Thanks for the super quick response from the experts!
Will respond as advised and keep everyone posted if anything new or exciting comes up next!

fuziduck

Hello All,

Seems ZZPS are quick on the ball at responding to letters.

I sent them a letter on the 1st Aug and they responded on the 2nd Aug (received today). Anyway, it says:

Please note, as this account has progressed to the debt recovery stage the options currently available are to either pay the outstanding balance in full or allow this account to progress accordingly.

Our client feels there is sufficient evidence to pursue this PN and have maintained their instruction to recover the outstanding balance. If the account remains unresolved it will progress to the legal stage and be passed to the solicitors.

Your Sincerely

Named (No signature though)

So deconstructing this slightly, they are essentially saying pay now or we will go legal on you.
Not forgetting they have offered no form of alternative dispute resolution as per the BPA terms.

Any suggestions on where I should go now with ZZPS or should I respond to Indigo and ask why they have released my details to a 3rd party?

Umkomaas

Don't deal with ZZPS, they have confirmed that they are now acting in a debt collector capacity in this case. Wait around for a couple of weeks (to get closer to the 6-months winning last be), then I'd fire a letter (2nd class) to Indigo asking some daft question about some aspect of the charge and ask they respond directly to you.

Then continue this letter ping-pong with Indigo. Any refusal/intransigence on their part, I'd be firing off a complaint to the BPA and the DVLA stating that you are trying to narrow down the issues, but this is impossible because of Indigo's unwillingness to correspond. And I'd do that every time they drag their heels.

The_Deep

All you need do is keep asking them daft question for six months and then they are Donald Ducked.

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 House of Commons recently

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

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

fuziduck

Ok I'll wait a week or two and then send a letter to Indigo. I have already contacted ZZPS as advised, does this matter? Should I state in a letter back to Indigo anything about the letters received from ZZPS?

Umkomaas

It doesn't matter you've contacted ZZPS previously, but now they've confirmed they are acting in a debt collector capacity in this case, forum advice is to ignore all debt crawlers.

I wouldn't mention ZZPS correspondence to Indigo, I can't see how it could help you. Am I missing something?

waamo

Dear Indigo, can you clarify what you mean by progressing to the legal stage? I am confused as to what this means. Will it result in a ccj?

You can string out dumb questions like that for months. Amazingly indigo will respond with such gibberish as to make further questions inevitable.