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Indigo - appeal to pcn or wait for NtK?

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  • Handbags-at-dawn
    Handbags-at-dawn Posts: 210 Forumite
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    Also, they themselves describe the "penalty" as an offer to avoid prosecution. The whole point of an offer is you can reject it if you want to. So a demand that you accept the offer - ie pay up - is wholly unwarranted ; and threatening to clamp until you do so is an offence contrary to s 21 Theft Act 1968 (unwarranted demand with menaces, more commonly known as blackmail).

    They would be taking a huge risk if they tried it.
  • System
    System Posts: 178,094 Community Admin
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    Ask him gosner@zzps.co.uk
  • financerulez
    financerulez Posts: 103 Forumite
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    No chance they'll clamp. The byelaws were written when clamping was allowed. Note also that the byelaws say they can clamp for a breach, not an alleged breach. Unless the driver has been proven guilty in Mag Court, there is no breach.

    If they did clamp they'll get absolutely obliterated in court, and you'll get a nice fat payout.

    P.S. They won't clamp.
  • financerulez
    financerulez Posts: 103 Forumite
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    jac265 wrote: »
    Thanks everyone. So my appeal was unsurprisingly, rejected by ZZPS on the grounds that Railway Byelaw 14 (4) (i) makes an owner liable whether the driver or not. They gave me another 2 weeks to pay up which expires this week. so i am going to ask for a POPLA code which I know they will refuse and then wait for the solicitors letters. My concern however is their threat to clamp - the car is parked regularly at the station. Has anyone heard of a car being clamped recently for unpaid penalty notices? I know it is questionable whether they have lawful authority to do so but I suspect that won't stop them!

    Tell them to go chase the owner then, they don't know who owns the car. You can say your V5C states this is not proof of ownership.

    Would be interested to see what they reply if you literally tell them:
    "What is the owner liable for? No breach has occurred."
    Include that line somewhere in your reply, will be funny to see whether they will be willing to directly lie about the law.

    Good point re POPLA, when they reject that and give the reason in a few weeks, you then ask for alternative dispute resolution instead!
  • jac265
    jac265 Posts: 31 Forumite
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    Thanks everyone. Interesting that the station is one of those mentioned in the Guardian article and it has put up signs saying that wheel clamping will be used and the driver noticed that a car had been clamped last week which he has never seen before in all of the years (and that's a long time!) of using the car park.
    Is the right to an appeal under POPLA in POFA? Thanks
    And good point re the V5 - I hadn't noticed the significance of that until now!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    POFA doesnt require an appeal service, however the ADR 2015 regs state this should be available, and is indeed a REASONABLE request to make, such that refusing it is UNreasonable behaviour by them.

    If a car was clamped it could be DVLA - they can clamp - the TOC cannot.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    I'd say the TOC might think they can. R Bostock is the person who pushes for info on this:

    https://www.whatdotheyknow.com/request/railway_byelaw_144iii

    Clear as mud.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jac265
    jac265 Posts: 31 Forumite
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    Ok so I have finally received a reply from DVLA and it was Indigo Park Solutions UK ltd who requested the keeper details and the enquring reason is !!!8216;breach of terms and conditions of a private car park!!!8217;. The letter from DVLA is 2 pages long - are they normally that lengthy? I would upload it - how do I do that?
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    any company asking the DVLA for details , must be a member of a recognised ATA and offer an alternate appeal system

    why are indigo getting details for a PARKING charge (breach of terms) and not offering POPLa or simular


    it stinks , its wrong neither you or I can change it , this french company is trowsering thousands by doing this
  • KeithP
    KeithP Posts: 37,654 Forumite
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    edited 7 April 2018 at 8:19PM
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    jac265 wrote: »
    I would upload it - how do I do that?
    Upload the image to somewhere like dropbox, tinypic, etc and post a link here.
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