Penalty Notice Railway Land

ImportantNotice

Hello, and thanks for all the great information on parking tickets. Having read as much as I can, there is one remaining question please. Here is the brief story:

Day 1: Parked at station (Railway land) mid July.
Indigo placed "Penalty Notice" on car minutes after it was left and before a ticket had been purchased. Their app was not working, but an electronic ticket was successfully purchased a little later.
Day 7: appeal was made by email without address or driver details, which was ignored.
Day 15: same appeal was sent by registered post (evidence of electronic ticket enclosed), again no driver or address given - only email address. Rather pay the Post Office than Indigo any day! Also on-line appeal had mandatory fields relating to the driver and postal address.
Day 45:email received attaching appeal rejection, no POPLA, due to BPA decision on rail land etc...
Day 58: responded to appeal email to ask which Ts&Cs breached
Day 62: email response received: failed to purchase before ticket issued - seek legal advice
Day 70: asked which specific Ts&Cs
Day 74: Railway Byelaw 14
Day 80: NTK arrives (Overdue Penalty Notice to Owner) from ZZPS Limited: "invitation from our client to you to settle your liability for the Charge and avoid the need for a private criminal prosecution", and threat of clamping etc. No mention of too late to appeal.
Day 87: keeper emails [EMAIL="subjectaccess.requests@dvla.gsi.goc.uk"]subjectaccess.requests@dvla.gsi.gov.uk[/EMAIL] "I believe that an unjustified data request has been made. Could you please confirm who has requested, and for what purposes, the details for [VRN] between the dates [X] and [date NTK dated]. Registered keeper details: []"; confirmation, but no reply received yet.
Day 88: emailed Indigo on same chain as above asking for clarity on which Byelaw clause as no times or IT defects mentioned; no reply as yet.

Question is: as appeal already made and rejected, how should keeper respond to the NTK, or should it just be ignored now? Keeper is expecting follow ups from ZZPS and is prepared to respond, but only if helpful.

Thanks again for your great work.

twhitehousescat

as , per the hundreds and hundreds of bylaw cases (railway land ) it has been suggested that only the train co can press charges , and within 6 mths , indigo contract states they cannot start court action and more importantly they cannot hand info to train co

sit back chill out and enjoy 6 mths supply of free bog roll

System

Day 184: All goes quiet as issue times out.....

Have you read the other Indigo railway threads?

ImportantNotice

Thanks twhitehousescat and IamEmanresu. Indeed I've read many many Indigo railway threads, but is was the Newbies Q&A that I was unsure of:

"Q - ''I am getting debt collector letters! They're really scary, the 'fine' has gone up, what do I do?''

A - NOTHING! Unless this is the VERY FIRST letter (England/Wales) in which case, appeal as if it was the 'Notice to Keeper'."

The keeper has received the very first NTK letter, but an appeal had already been made - just wanted to check if a response to this NTK was a necessary part of the process - seems not.

Waiting for day 184....

Fruitcake

Complain to the BPA, the DVLA, your MP, and the MP where the station is located that you have been denied access to alternative dispute resolution, which is your right under the ADR Act 2015.

You want to know why this cowboy scam company (MPs' own words in open parliament) is not complying with an act of parliament that states they must offer ADR for not less than 1 year after their initial rejection.

Troubled42

ImportantNotice wrote: »

Thanks twhitehousescat and IamEmanresu. Indeed I've read many many Indigo railway threads, but is was the Newbies Q&A that I was unsure of:

"Q - ''I am getting debt collector letters! They're really scary, the 'fine' has gone up, what do I do?''

A - NOTHING! Unless this is the VERY FIRST letter (England/Wales) in which case, appeal as if it was the 'Notice to Keeper'."

The keeper has received the very first NTK letter, but an appeal had already been made - just wanted to check if a response to this NTK was a necessary part of the process - seems not.

Waiting for day 184....

I'm personally of the opinion that obviously, just ignoring every single response from them is not a good idea (although it actually seems more favourable for those being harassed under bylaws with railways).... you have already 'appealed'/responded.
As mentioned above, just keep stringing it out if you like? I think there's other threads which mention just reply within 20-30 days late via LETTER, not email.
I think replying like this looks more favourable (if for some miracle it ever went to court, even though it wont), than just purely ignoring.

I made my own thread recently and I'm curiously awaiting my NTK before even saying anything. lol

waamo

I'm leaning towards ignoring being the best option. The amount of people that can't construct a paragraph without inadvertently confessing to being the driver is rather disturbing.

By ignoring you don't drop yourself in it.

ImportantNotice

Fruitcake wrote: »

Complain to the BPA, the DVLA, your MP, and the MP where the station is located ...

Emailed MPs; complained to DVLA. Looks like the BPA are in on it though? Emailed [EMAIL="info@britishparking.co.uk"]info@britishparking.co.uk[/EMAIL] nonetheless.

I'll update with response, whilst the remaining 93 days pass...

ImportantNotice

Day 92: response from MP for Car Park area - you need to contact your own MP!
Day 93: response from BPA - quite long, but states they are there to investigate breaches of their COP (britishparking dot co dot uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018 dot pdf) but that no breach has been identified. Stuff about why they've removed POPLA requirements etc. The COP makes it very clear, however, in para 14.2 that the operator "...must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’"
Day94: response from DVLA Indigo Park Solutions UK Limited enquired regarding "Operating parking under Byelaws (Railway, Airport, National Parks)"

The registered keeper is now getting very worried and wants to pay to make all the stress go away...

nosferatu1001

So respond back stating they called it a penalty, and your COP states they must not use those terms.

Umkomaas

Day94: response from DVLA Indigo Park Solutions UK Limited enquired regarding "Operating parking under Byelaws (Railway, Airport, National Parks)"

What exactly did the DVLA say? Your shorthand leaves us just guessing.