Railway Indigo NTO - they are ignoring the driver appeals

AgendaB

Lots has been written about this and I read this all. The story goes:
- My husband is the registered keeper of the culprit car, but I use it on a regular basis
- Parked at a railway station, used the telephone app for paying parking, thought that I completed the payment after pressing 1 to confirm parking, but payment did not register as I failed to enter the last 3 digits of the card
- Registered Keeper received 15 NTOs. I appealed them all within 28 days - sending 1 large package with identical letters explaining the technical glitch and enclosed a cheque for the payment for each NTO (which they cashed) as a FULL AND FINAL SETTLEMENT, at the same time making an official appeal to the penalty because of the mistake.
- Sent the letter to the Indigo Bacchus address, not the address they give as an appeal address
- A letter followed addressed to me requesting authorisation from the registered keeper to deal with me
- A letter addressed from my husband's sent and referred them to the person making the representations. Also the letter stated several reasons why their NOTs was invalid -too late (more than 14 days after offence), did not request to identify the driver, etc etc - I realise that this does not apply to Bylaws situation, I quoted PfF Act 2012.
ZZPS has just sent a letter to my husband saying that only proper appeal will be considered and POF Act is not applicable (which I now gather it is not) They say in the letter: the owner of the vehicle is held liable and the Penalty Notice was issued against the vehicle. They also say: the driver details will not be updated on our system and you remain the liable party. My husband is the keeper, not the owner.
- I e-mailed ZZPS demanding that they treat my original letters as appeals and deal with them accordingly as appeals following the appeal process issuing POPLA code. They responded very aggressively as follows:
The appeals procedure has been outlined on all correspondence as attached below.

According to our clients' records, no appeal has been submitted by you in relation to any of the Penalty Notices we have been instructed to pursue.

Please be advised that 28 days is given from the date of issue to appeal and so an appeal will not be considered by our client if it is submitted after this timeframe.

Furthermore, an appeal may not be considered on any Penalty Notice which has already received a part payment.

You have written in to PCN admin centre regarding many of the Penalty Notices, however, this is not the proper appeals procedure and so this correspondence will not be treated as an appeal.

Please also be advised, as has been made clear multiple times, POFA 2012 has zero relevance to these Penalty Notices as they have been issued under Railway Byelaw 14 and so the owner of the vehicle will remain the liable party.

We will not be entertaining further correspondence with the intent to dispute these Penalty Notices as our client is responsible for all appeals and they did not receive an appeal within the given timeframe. Our instruction remains to pursue payment for the remaining balance.

My questions is:
- do they have obligation to consider appeals from me (we can send them a letter if that's required to state that I am my husband's legal representative)
- If they don't have to consider MY appeals, can we resend them now in my husband's name - I understand 28 days does not apply under the bylaws.
- Should my husband categorically state that he is NOT an owner (and he truly is not the owner, but only registered with DVLA)
This concerns me as there are 15 notices so potential cost high and they may go the Magistrate route. Can they legally pursue my husband? Any advise would be greatly received. Thank you.

waamo

Have a read of this https://forums.moneysavingexpert.com/discussion/5803499/indigo-railway-pcn-clarifying-the-process

AgendaB

Thank you. I have read that and other threads, however those do not deal with their refusal to recognise the appeals launched in time. I doubt they will accept my appeal, but do they have a right to refuse to consider it. Indigo and ZZPS are all the same people - how could they write that my appeals won't be allowed if they are debt recovery agency? it's all a scam. The question is - are they in their right to pursue my husband the registered keeper? Should he write to them that he is not the owner? I do understand about challenging them about the 28 day time limit. Thank you for your time to read this.

waamo

It's irrelevant.

The only name they can get is that of the registered keeper so that's who they write to. Appeal each ticket and play mail ping pong for 6 months. That's it. Anything else is purely academic.

nosferatu1001

OK, your account was terribly confusing

1) Did you appeal, and what did the appeal state?
2) Did you write "in full and final settlement" in the appeal? What was the amount? What did it cover?
3) Was the DRIVER of the vehicle identified? YES or NO answer, do NOT elaborate

AgendaB

1) Did you appeal, and what did the appeal state?
I, the driver, appealed. It stated that I an a registered user, having used it for a while, followed the pay by phone call, entered all the info to pay, but hung up before they asked for the last 3 digits of the card, as I though by confirming parking with figure 1 was the end of it.
2) Did you write "in full and final settlement" in the appeal? What was the amount? What did it cover?
I did write specifically "full and final settlement", I paid the parking charge due for the day that would have been payable. It covered the parking of 1 day.
3) Was the DRIVER of the vehicle identified? YES or NO answer, do NOT elaborate
By implication No, but I did not say I was the driver.The keeper also has not identified me.

AgendaB

The amount was £8.55

AgendaB

The letters headline was: APPEAL TO THE PENALTY, sent by registered mail. I ended with " As such, I now enclose a cheque for the sum of £8.55 to cover the failed payment as a full and final settlement.
I request that you accept the payment and cancel the penalty charge immediately."
singed with name underneath and address at top.

Quentin

Zzps are corresponding with you as debt collectors

You can safely ignore their letters

See the newbies FAQ thread near the top of the forum . #4 there covers debt collectors letters

AgendaB

Do I (the driver) continued correspond with THE PCN Admin Centre? They demanded that what they referred to as "account holder" authorises them to authorise me. Should the keeper send the authorisation? in what format? My husband is really petrified of these threatening letters, I am not, how can I get them to deal with me?

waamo

Communicate with Indigo and only Indigo.