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Debt Collection Notice but no initial Penalty Notice - Indigo and ZZPS

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  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 2 April 2019 at 5:23PM
    this will be about the 20th time they have replied that , its usually at the AS appeals stage and AS say "we are sorry , wont happen again"

    the bpa all gob and no action

    indigo/sabas whole settup on railway land is to farm out NTK and onwards thru zzps/DRP/PCN admin centre (all same) ZZPS do not send out NTK , just a demand for money

    and the BPA allow this
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    this will be about the 20th time they have replied that , its usually at the AS appeals stage and AS say "we are sorry , wont happen again"

    the bpa all gob and no action

    indigo/sabas whole settup on railway land is to farm out NTK and onwards thru zzps/DRP/PCN admin centre (all same) ZZPS do not send out NTK , just a demand for money

    and the BPA allow this

    The BPA is not fit for purpose, THEY fail to control their members so useless as an ATA.
  • Coupon-mad
    Coupon-mad Posts: 152,173 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    would you still advise against starting an appeal?
    Yes. IGNORE THE SCAM.

    As it is a fake 'penalty' at a railway site, the advice is different from others where we say appeal.

    The BPA are not on your side. And there is NO APPEAL worth trying.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • J1234ST
    J1234ST Posts: 20 Forumite
    Hi again, I appreciate that you say not to appeal and just to ignore everything for 6 months, however I have to say that I am a bit worried about it as it does seem that they could pursue me through the Magistrates Court by way of a private criminal prosecution, resulting in £1000 fine. Do you have any sort of legal evidence base to back up that they are not able to pursue me in this way?

    By entering into an appeal, I would be able to freeze the current fee they're chasing me for (£60) during the appeal process, which would also allow more time for the BPA investigation and also allow time for me to receive the SAR back from Saba (they responded to me to say it can take up to a month to comply with my request...).

    Thanks in advance
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    We have had sight of the contract Indigo have. It does not allow them to prosecute. Under GDPR they are also not allowed to share your details for purposes of prosecution.

    If you stay silent they also don't know who to prosecute. The byelaws state it's the vehicle owner who is liable. That is not necessarily the registered keeper or driver hence silence is golden.

    Courts can't be used as a fishing trip to find out either.
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    just to add , we know that indigo cannot start court action , however the only appeal is thru as-parking who have other names assoc with fare penalty collection

    in filling in the appeal you are giving your full name , address and DOB , and your appeal will fail

    indigo cannot start court action , or hand your details to train co , but the train co can start action , and by giving your details to as-parking circumvent any UK laws
  • J1234ST
    J1234ST Posts: 20 Forumite
    Thanks

    @twhitehousecat - Indigo/Saba/ZZPS already have my name and address as they have written to me (provided by DVLA) so I would have thought filing an appeal wouldn't change anything?

    In addition, for Saba to progress my SAR they have said they require "a copy of your driving licence or your V5 document to prove ownership of the vehicle." As such, I'm not able to progress with the SAR as this would identify me as the owner?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    edited 4 April 2019 at 2:28PM
    J1234ST wrote: »
    Thanks

    @twhitehousecat - Indigo/Saba/ZZPS already have my name and address as they have written to me (provided by DVLA) so I would have thought filing an appeal wouldn't change anything?

    In addition, for Saba to progress my SAR they have said they require "a copy of your driving licence or your V5 document to prove ownership of the vehicle." As such, I'm not able to progress with the SAR as this would identify me as the owner?

    They cannot pass your details in to the train operating company. It's the train operating company who can prosecute.

    A-s Parking are the train operating companies prosecuting wing. The appeals would be heard by an organisation who can prosecute. Not a good idea to freely give them your details.

    A SAR is information about you. You don't need to prove ownership of a vehicle as you are not the vehicle. They can have proof of identity but not vehicle ownership. If they mess about report them to the ICO.

    Edit to say there is some writing in big at the very top of the V5c. What does it say?
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    as long as this is SABA and not an appeal settup , then indeed they do need to know you are who you say you are


    ""a copy of your driving licence or your V5 document to prove ownership of the vehicle."


    showing your driving licence does not prove you own the car , or indeed any car


    and if you look carefully at your v5 , on big blue print on front page "this docuament is not proof of ownership"


    playing silly / stupid beggers as well

    typical when there scam comes out

    scan your PCN /NTK , if they want to act on them , then this must be you
  • J1234ST
    J1234ST Posts: 20 Forumite
    Thanks both - please see wording I've drafted below to respond to Saba regarding the SAR, do you agree with this?:

    "The means you describe below to verify my identity (driving license and V5 document) do not prove my ownership of the vehicle as you state. I am not the vehicle owner. Find attached a copy of my driving license for identification proof purposes only."

    @waamo - where you say "Not a good idea to freely give them your details.", I assume this is relation to entering into the appeal process and giving them details in this way?

    EDIT - also, would it be worth cc'ing my contact at the BPA in on this so they can see?
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