Indigo / ZZPS threats - clarification requested please.

fastrunner

Folks
I have read as much as I can within the forum (most days since the driver received an Indigo Penalty Notice on 9/1/19 on railway property – Byelaws do apply).

I have read the excellent post by the user “stationcarparkticket2018” who summarised the issues very well. I have also read the newbies thread and that to ignoring the threats of debt collectors.

So, I think I have enough knowledge to know what to do – basically sit it out until six months and ignore any debt collector mail. However, as user Wammo has asks in one of their posts, “are you a person who needs brown trouser every time a letter drops through the door or do you laugh in the face of a first class stamp?” Unfortunately, I am somewhere in-between and I don’t wish to clog the forum with unnecessary posts that have already been answered but I just wanted to clarify what has happened so far is the correct approach.

So far the following has happened:
Penalty notice issued to driver at railway station on 9/1/19 for breach of “code 3” – parked in an unauthorised area. The driver had parked the car underneath an advertising board (one of the big ones that can be seen for some distance – the board had a McDonalds poster on that had been there for about a year and the remains are still there now -i.e. by parking there it has not prevented the poster being replaced). The car did not obstruct anything or anybody else – to the front there is a fence. The keeper of the vehicle had paid for parking for two days via the online app– twice actually as the vehicle reg was accidentally mistyped on the first purchase.

A Penalty notice was left on the car with a penalty of £100 with an offer of £60 if paid within 14 days. Both were ignored at this point. Photographs were taken by the driver of the signage (not clear) and where the vehicle was parked showing that whilst there may not have been a white line there was nothing to suggest it was an unauthorised area nor was there any obstruction.

On 13/2/19 a letter from Indigo payment centre (ZZPS) titled “Notice to Owner” was received citing breach of Byelaw 14 going on to say that if the charge remained unpaid the client is entitled to pursue a private prosecution (my understanding is they can’t – that would be the rail operator?). It then goes on to try to bribe the owner by paying a reduced fee (now £100+£27 admin) to avoid a private prosecution. The letter was ignored

A letter dated 13/03/19 was received from ZZPS – the invite was now to pay £100 +£70 admin stating to pay this to avoid “a breach of railway byelaws is a criminal offence and can be pursued by means of private criminal prosecution in the MC if the debt is not cleared”. At this point the template letter in the newbies thread was sent to Indigo (Not ZZPS) in the name of the keep of the vehicle.

No response has been received to the appeal – it was out of the Indigo 28 day timeline but my understanding is that timescales are not fixed where Byelaws have an alleged breach?

A further letter dated 27/3/19 was received from ZZPS by the keeper – the letter is threatening and they are “surprised that you have chosen to ignore our invitation to you to engage with this firm” and that they are “Looking to resolve this debt with or without your cooperation”. They also state that if the debt is not paid that “they could instruct a local agent to discuss payment of the debt” (to that I think so what?) or that they could recommend that the client brings a private prosecution (again my understanding is that the client (Indigo – now Sabre according to the signs) cant?)

I am now minded to resend the appeal to indigo with a cover note stating that this has not been replied to. I am trying to avoid correspondence with ZZPS (this would only be by letter) but I am not sure if I should or not? What I am not clear on is what the keeper to whom they have sent mail to so far should be asking either Indigo or ZZPS to keep this moving along. I am minded to advise ZZPS that the keeper may need to seek debt advice as pointed out in previous threads around May.

Any advice on what has happened so far or if anything has been missed, what should be done in regards to correspondence moving forward would be very welcome to try and reduce the stress in this situation.

KeithP

I would be doing absolutely nothing.

Can you really not manage to do that for another three months?

fastrunner

KeithP wrote: »

I would be doing absolutely nothing.

Can you really not manage to do that for another three months?

Thanks KeithP - yes I suppose I can / should. I have managed it so far. The problem is (if it is a problem) is that I feel I should do something / want to do something as I hate to think how many people fall for this - I have to say if it were not for this forum they probably would have received at least £100 off the keeper for a complete and utter tosh "breach".

Troubled42

This thread went on recently regarding a situation like yours and it timed out, as per the expected result. (i.e 6 months elapsed and they cannot do anything about it... but lets be fair, in a railway bylaw situation they can't do anything apart from send you fresh toilet paper every couple of weeks via scaremongering letters.)

If it makes you feel better - we were also in a similar situation. Six months has gone & the letters have stopped.

waamo

However, as user Wammo has asks in one of their posts, “are you a person who needs brown trouser every time a letter drops through the door or do you laugh in the face of a first class stamp?” Unfortunately, I am somewhere in-between and I don’t wish to clog the forum with unnecessary posts that have already been answered but I just wanted to clarify what has happened so far is the correct approach.

Don't listen to that fool you've named, listen to me instead. There have been no reports of prosecutions on this forum at all. Not one.

Ignoring them is the least risk option and personally I'm one of the most risk averse posters here.

If you feel you must do something respond via the medium of painting. Or mime. A mime appeal would be good.

The_Deep

If you want to do something, complain. Complain to your MP, complain to your Local Trading Standards Officer, complain to your local paper/radio station. Parliament is on your side.

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. rn

fastrunner

waamo wrote: »

Don't listen to that fool you've named, listen to me instead. There have been no reports of prosecutions on this forum at all. Not one.

Ignoring them is the least risk option and personally I'm one of the most risk averse posters here.

If you feel you must do something respond via the medium of painting. Or mime. A mime appeal would be good.

Thanks Waamo and apologies for the typo - I like the mime appeal idea!

Coupon-mad

How about an appeal using the medium of dance, or stand-up comedy?

twhitehousescat

a friend if mine called bill wrote this appeal to indigo

I think its still valid under there new name

keep it to yourself DO NOT let this become public knowledge on the web

Shall I compare thee to a summer’s day?
Thou art more lovely and more temperate.
Rough winds do shake the darling buds of May,
And summer’s lease hath all too short a date.
Sometime too hot the eye of heaven shines,
And often is his gold complexion dimmed;
And every fair from fair sometime declines,
By chance, or nature’s changing course, untrimmed;
But thy eternal summer shall not fade,
Nor lose possession of that fair thou ow’st,
Nor shall death brag thou wand’rest in his shade,
When in eternal lines to Time thou grow’st.
So long as men can breathe, or eyes can see,
So long lives this, and this gives life to thee.


and a bloke in preston added
Arkell V Pressdram

twhitehousescat

edited for clarity

fastrunner

twhitehousescat wrote: »

edited for clarity

Arkell v Pressdram will certainly feature in a final letter once the six months have passed