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

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  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    . @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

    Indeed so. You don't want to give the appeals company your details as they are the ones who can prosecute.
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    J1234ST wrote: »
    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?[/QUOTE]

    you have contacts at BPA ? , they will not want to know , this is not a normal parking charge , its a railway penalty , BPA dont to railway penaltys and POPLa wont touch em
  • J1234ST
    J1234ST Posts: 20 Forumite
    @twhitehousecat - when I say BPA contact, I mean the individual who is investigating this case. In the most recent correspondence they stated "Saba have since received my email regarding this case and can confirm that ZZPS are looking into this." - so it seems that BPA are looking into this?

    I'll respond to Saba as above to progress the SAR.

    One thing to add is that I did initially get in contact with Thameslink (the TOC), carefully not claiming ownership of the vehicle, but requesting assistance in this matter and explaining what had happened (as it could be seem as their fault seeing as they told all users of the car park that day not to purchase a ticket given all machines were down) - as such they will have my contact information in relation to this case. I'm guessing in hindsight this is not a good thing seeing as it would be the TOC that would be able to pursue this through private criminal prosecution (although they still can't say I'm the owner of the vehicle).

    I can see that dragging this out until mid-August (6 months from supposed infringement) is going to become increasingly stressful - I can see why people just pay the initial £60 to get rid of these vultures!
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    J1234ST wrote: »
    I can see that dragging this out until mid-August (6 months from supposed infringement) is going to become increasingly stressful...
    I really don't understand how doing absolutely nothing, apart from ignoring any letters, should be stressful at all.

    Yes, I can see that might be the case if you don't know what's going on, but you do know what's going on.
  • J1234ST
    J1234ST Posts: 20 Forumite
    Hi @KeithP - I appreciate what you're saying, it may not be stressful for you having a firm understanding of these issues, but for someone with relatively little understanding of this, who wouldn't be able to afford the escalating fees should this be progressed, and inevitably getting bombarded by debt collection letters, I have to say that I do find it stressful.

    I really do appreciate the help from everyone on this thread, however I do worry that the TOC could turn around and progress with prosecuting if they wanted.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    If it's any reassurance there have been several posters return and say it's timed out without any problems.

    Once it times out demand your data is destroyed. They comply very quickly.
  • J1234ST
    J1234ST Posts: 20 Forumite
    Thanks, out of interest do you know of any instances where cases like this have been passed back to the TOC (such as Govia Thameslink), where they have then sought private criminal prosecution?

    On reviewing the Penalty Notice I received again, it is titled 'Penalty Notice by Post. Notice to Owner', however I am not the owner. Surely they can only refer to me as the keeper having obtained these details from the DVLA? The only way I can see a company like this confirming who the vehicle owner is via an insurance company, where I'm fairly sure you have to declare the vehicle owner when you take out insurance?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    J1234ST wrote: »
    Thanks, out of interest do you know of any instances where cases like this have been passed back to the TOC (such as Govia Thameslink), where they have then sought private criminal prosecution?

    On reviewing the Penalty Notice I received again, it is titled 'Penalty Notice by Post. Notice to Owner', however I am not the owner. Surely they can only refer to me as the keeper having obtained these details from the DVLA? The only way I can see a company like this confirming who the vehicle owner is via an insurance company, where I'm fairly sure you have to declare the vehicle owner when you take out insurance?

    We aren't aware of any prosecutions at all. As stated earlier they aren't allowed to pass your details around due to GDPR.

    The penny is starting to drop. They can't find out who the owner is unless you tell them. If you appeal they ask you specifically who it is.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    however I do worry that the TOC could turn around and progress with prosecuting if they wanted.

    They would struggle. However, in order to cause the PPC more work, and perhaps cost them some money, complain to your MP.

    On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    Until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
  • J1234ST
    J1234ST Posts: 20 Forumite
    I've just reviewed my initial message I sent to Thameslink for their help, and annoyingly have seen that I've referred to myself as the owner in error instead of the keeper when trying to be careful not to say driver. I'm guessing I've shot myself in the foot a bit here? If push came to shove, Thameslink now have my contact information, the Penalty Notice Number and me saying I'm the owner in a message... own goal?
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