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Have I messed up by appealing before researching??

CakeEater1705
Posts: 5 Forumite
Before I start, I have now read a lot of posts on this forum including the Newbies post.
So in July my car was parked in a carpark, my car reg was entered on the pay machine and did contactless payment, no physical ticket was issued because it was done with number plate. A few days later I got a letter from ZZPS with a £100 fine saying I had failed to obtain a ticket. I checked my bank statement and no money had been taken, so I can only assume their machine was faulty.
I wrote an appeal letter to them before researching and reading posts like the ones in this forum... In my letter I explained that the pay machine was used and the machine must of been at fault, I asked for any cctv or photographs of us using the pay machine.
My appeal was rejected and they said £120 was now due, they ignored my request for photo evidence.
I have not responded to that letter, and now I have received a letter from QDR asking for £182 within 14 days. This letter doesn't threaten to take me to court or result in a Ccj but it does say they have been instructed by ZZPS who are acting on behalf of SABA PARK SOLUTIONS UK LIMITED.
My questions are have I messed up by not sending the template appeal? The car is registered in my husbands name but I signed the appeal letter. And should I have or should I now write another appeal to POPLA? Do I ignore these letters from QDR and wait to see if ZZPS take it to court? Then I'd pay if the judge ordered me to?
So in July my car was parked in a carpark, my car reg was entered on the pay machine and did contactless payment, no physical ticket was issued because it was done with number plate. A few days later I got a letter from ZZPS with a £100 fine saying I had failed to obtain a ticket. I checked my bank statement and no money had been taken, so I can only assume their machine was faulty.
I wrote an appeal letter to them before researching and reading posts like the ones in this forum... In my letter I explained that the pay machine was used and the machine must of been at fault, I asked for any cctv or photographs of us using the pay machine.
My appeal was rejected and they said £120 was now due, they ignored my request for photo evidence.
I have not responded to that letter, and now I have received a letter from QDR asking for £182 within 14 days. This letter doesn't threaten to take me to court or result in a Ccj but it does say they have been instructed by ZZPS who are acting on behalf of SABA PARK SOLUTIONS UK LIMITED.
My questions are have I messed up by not sending the template appeal? The car is registered in my husbands name but I signed the appeal letter. And should I have or should I now write another appeal to POPLA? Do I ignore these letters from QDR and wait to see if ZZPS take it to court? Then I'd pay if the judge ordered me to?
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I asked for any cctv or photographs of us using the pay machine.This letter doesn't threaten to take me to court or result in a Ccj but it does say they have been instructed by ZZPS who are acting on behalf of SABA PARK SOLUTIONS UK LIMITED.The car is registered in my husbands name but I signed the appeal letter.
Precisely who is being chased right now - you or your husband?And should I have or should I now write another appeal to POPLA?Do I ignore these letters from QDR and wait to see if ZZPS take it to court?Then I'd pay if the judge ordered me to?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Of course they don't know what we look like but they know what time we entered and left the station, they stated that in the first letter, therefore they could check if we used the machine at that time?
It was at a railway station yes, does this affect the process or outcome?
The appeal only had the option to appeal online, so I don't have a copy of what I wrote on the appeal. I did refer to myself and signed it from my name but the letters have continued to be addressed to my husband.
As much of the population I imagine, I wasn't aware of any of the pitfalls I have read about since getting this fine, which is why I responded to the initial letter myself.
So I should keep from responding to any further correspondence until it reaches the stage of going to court?0 -
Silence is golden from now on. This is actually a byelaws ticket. They have 6 months to prosecute either the driver or owner. If they don't know who that is then they are going to struggle.
Note owner is not the same as registered keeper.0 -
Ah OK, so even though my husband is the registered keeper they couldn't prosecute him, they would have to find out if he or I actually owned the car or was driving it. So it depends exactly how my appeal was worded and if I pointed out who was driving?0
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It was at a railway station yes, does this affect the process or outcome?
There are dozens of threads about Saba (formerly known as Indigo) at railway stations, so all the advice has already been given. Do a number of forum searches on keywords Saba Railway, Indigo Railway, Saba Byelaws, Indigo Byelaws and read those threads and follow the advice given - it's all too detailed to type it all out all over again on every single Saba case that crops up.
Read those with the most up to date detail. Your case is unlikely to follow any different path. Please do come back if there is any significant divergence.
HOW TO USE THE FORUM SEARCH FUNCTION:
Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.So I should keep from responding to any further correspondence until it reaches the stage of going to court?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
CakeEater1705 wrote: »Ah OK, so even though my husband is the registered keeper they couldn't prosecute him, they would have to find out if he or I actually owned the car or was driving it. So it depends exactly how my appeal was worded and if I pointed out who was driving?
That's right. The owner may be a finance company if it's on credit. They don't know and can't assume.
Keep quiet so you don't inadvertently drop anyone in it.
After 6 months from the date of the henious crime you are home and dry. That won't stop them sending stupid letters though. They think you don't know about the 6 months rule. If you write to them after it's timed out telling them to stop then they do.0 -
Oh thanks so much for your advice, it's been really helpful 👍0
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One more question on this. I have a signed for letter to collect from the post office which I'm pretty sure will be related to this fine, it might not be but if we collect it and sign for it is that a mistake?0
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Probably depends who signs for it
I would get a third party to sign for it , one not involved in the incident , or ownership , who never drives the vehicle , just to be sure , but you are possibly over thinking this
The main thing is to string it out last 6 months due to bylaws0
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