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Penalty notice and now (late) NTK from Indigo Park Solutions

2

Comments

  • TORIN0
    TORIN0 Posts: 11 Forumite
    Umkomaas wrote: »
    Well, there's two letters' worth. Try once every 2-3 weeks to start, eke it out further if you feel you can, depending on the tone of replies. Get it to 6 months.
    Is it worth appealing the ntk/owner by post, or just use the online form and provide them with my address to reply to? (under the thinking that they have no other way to contact me if i don't leave an email)
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    TORIN0 wrote: »
    Is it worth appealing the ntk/owner by post, or just use the online form and provide them with my address to reply to? (under the thinking that they have no other way to contact me if i don't leave an email)

    You follow the process of appealing as per Indigo's instructions on the NtK. Online is safest (take a screenshot) and costs nowt.

    If you don't provide the keeper's name and address, it gives them every reason to ignore you, but they can easily access (already have done if you've received a NtK) from the DVLA. It won't stop them passing details to their debt collectors.
    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 Street
  • TORIN0
    TORIN0 Posts: 11 Forumite
    Umkomaas wrote: »
    You follow the process of appealing as per Indigo's instructions on the NtK. Online is safest (take a screenshot) and costs nowt.

    If you don't provide the keeper's name and address, it gives them every reason to ignore you, but they can easily access (already have done if you've received a NtK) from the DVLA. It won't stop them passing details to their debt collectors.
    Cool thanks. So still appeal through Indigo even though (as attached) the NTK is from "Debt Recovery Prosecution Service" and doesn't mention Indigo anywhere?https://
    imgur.com/a/No6fY00


    edit: no idea why it's blurry, it's not on the original. But I think you can make out what it says!
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    https://imgur.com/a/No6fY00

    You didn't explain that in any of your previous posts. We do need the full story.

    What do you mean 'the NtK is from Debt Recovery Prosecution Services'? That's not a NtK. What did you get from Indigo?
    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 Street
  • TORIN0
    TORIN0 Posts: 11 Forumite
    That's the only correspondence i've had with anyone since the "ticket" was found on the car
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    TORIN0 wrote: »
    That's the only correspondence i've had with anyone since the "ticket" was found on the car

    Who issued the ticket?

    Please email the DVLA and ask who has accessed your data in the period from the date of the 'contravention' and the date of receipt of the DRPS letter.

    SubjectAccess.Requests@dvla.gsi.gov.uk

    You need to give your full name, postal address (and that on the V5C) and the VRM of your vehicle. You will get an email confirmation of receipt, then a postal reply in about 7 to 10 days.
    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 Street
  • TORIN0
    TORIN0 Posts: 11 Forumite
    Umkomaas wrote: »
    Who issued the ticket?

    Please email the DVLA and ask who has accessed your data in the period from the date of the 'contravention' and the date of receipt of the DRPS letter.

    SubjectAccess.Requests@dvla.gsi.gov.uk

    You need to give your full name, postal address (and that on the V5C) and the VRM of your vehicle. You will get an email confirmation of receipt, then a postal reply in about 7 to 10 days.
    It's from Indigo (Indigo Parking Solutions)

    Ok thanks, just sent the email with that information
  • Coupon-mad
    Coupon-mad Posts: 131,404 Forumite
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    the NTK is from "Debt Recovery Prosecution Service"
    Normal for these cases, this is nothing different.
    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
  • If the NtK is from DRPS I guess the train operator is Southeastern?

    When Indigo is working for other operators such as GTR, it uses its own sub-contractors ZZPS to chase up upaid tickets. But when it's working for Southeastern it only retains the tickets for about 28 days. Southeastern normally then takes over, applies to the DVLA for keeper details itself, and uses its alter ego DRPS to send out the NtKs.

    You can try appealing to Indigo - as keeper, having seen the windscreen ticket - but most likely they will simply come back with "Your case and file is now held by PPN Debt Recovery and Prosecution Services, therefore any further communication must be done directly with them". (I've got the T-shirt).

    If you then try appealing to DRPS, you'll be told "It is now too late to appeal." If this happens to you, then please complain to Steve Clark of the BPA. Although DRPS are not members of the BPA, and are therefore not obliged to observe its code of practice, Indigo is. And as Indigo issued the ticket, they are obliged to ensure the keeper, as well as the driver, is offered the chance to appeal.

    There is also a rumour that POPLA appeals may soon be restored for byelaws tickets. So again, Indigo should make sure that any keeper who is landed with one their tickets is allowed access to POPLA. Kick up a big stink if you're not.

    As for the "penalties": although they look official, in fact they are home made and totally unenforceable. Don't forget, everyone accused of a criminal offence is innocent until proved guilty. So no-one but the Court can impose a penalty for breach of Byelaws 14 (1-3) - and only when the allegation has been proved. The DfT admitted this in an Freedom of Information response, here:-

    https://www.whatdotheyknow.com/request/311011/response/770331/attach/2/F0013227%20Follow%20Up%20Reply.pdf?cookie_passthrough=1

    I gather the civil servant concerned is still cleaning lavatories somewhere in the depths of Great Minster House.

    It's all a scam which the DfT has known about for years and refuses to do anything about. You will get a series of very unpleasant letters but once the 6 months is over there is nothing more they can do.
  • TORIN0
    TORIN0 Posts: 11 Forumite
    If the NtK is from DRPS I guess the train operator is Southeastern?

    When Indigo is working for other operators such as GTR, it uses its own sub-contractors ZZPS to chase up upaid tickets. But when it's working for Southeastern it only retains the tickets for about 28 days. Southeastern normally then takes over, applies to the DVLA for keeper details itself, and uses its alter ego DRPS to send out the NtKs.

    You can try appealing to Indigo - as keeper, having seen the windscreen ticket - but most likely they will simply come back with "Your case and file is now held by PPN Debt Recovery and Prosecution Services, therefore any further communication must be done directly with them". (I've got the T-shirt).

    If you then try appealing to DRPS, you'll be told "It is now too late to appeal." If this happens to you, then please complain to Steve Clark of the BPA. Although DRPS are not members of the BPA, and are therefore not obliged to observe its code of practice, Indigo is. And as Indigo issued the ticket, they are obliged to ensure the keeper, as well as the driver, is offered the chance to appeal.

    There is also a rumour that POPLA appeals may soon be restored for byelaws tickets. So again, Indigo should make sure that any keeper who is landed with one their tickets is allowed access to POPLA. Kick up a big stink if you're not.

    As for the "penalties": although they look official, in fact they are home made and totally unenforceable. Don't forget, everyone accused of a criminal offence is innocent until proved guilty. So no-one but the Court can impose a penalty for breach of Byelaws 14 (1-3) - and only when the allegation has been proved. The DfT admitted this in an Freedom of Information response, here:-


    I gather the civil servant concerned is still cleaning lavatories somewhere in the depths of Great Minster House.

    It's all a scam which the DfT has known about for years and refuses to do anything about. You will get a series of very unpleasant letters but once the 6 months is over there is nothing more they can do.
    Thanks for the post.

    Regarding the bolded part, I have sent off a letter to LSER today so I await their reply. Should I go ahead and email him now anyway? As attempting to appeal on Indigo's website is not possible anymore
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