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  • FIRST POST
    • Joe whenjung
    • By Joe whenjung 4th Oct 17, 10:25 PM
    • 40Posts
    • 31Thanks
    Joe whenjung
    Indigo railway parking notice
    • #1
    • 4th Oct 17, 10:25 PM
    Indigo railway parking notice 4th Oct 17 at 10:25 PM
    Hi all,

    First time poster, and after reading many threads I could do with some guidance (or help in finding the right thread as Im sure this has been answered somewhere already).

    The driver has received a Penalty Notice from Indigo for parking in Grange Park station. They did have a valid ticket which has time of purchase and the car registration on it. Unfortunately it had fallen out of sight.

    Should I appeal immediately and ask for clemency? Your guidance would be much appreciated.
    Thanks,
    Joe
    Last edited by Joe whenjung; 04-10-2017 at 10:59 PM.
Page 4
    • Joe whenjung
    • By Joe whenjung 12th Jan 18, 12:27 AM
    • 40 Posts
    • 31 Thanks
    Joe whenjung
    I have received a response (as below) to my second appeal a little faster than I was expecting. I have plenty of queries to go back to them with and seek clarity on. I shall do so one at a time, and leave plenty of time between each response to make sure I fully understand each response.

    my question for the learned members of the forum - who do I write to at Indigo? appeals@ipaymypcn.net was the address used for the appeal. Is there a better address to write to them at?

    1. The response to my appeal to Indigo is from customerservices@zzps.co.uk. Why are ZZPS responding to my appeal email?

    2. Plenty of points in my appeal have been missed. Ill have to chase up on that.

    3. "Schedule 2, paragraphs 1 to 4 of the Act are met" - Are they implying that 2(a) - The processing is necessary!!!8212; (a)for the performance of a contract to which the data subject is a party

    4. "the Owner will remain liable. We do not need the driver details as this will remain in your name." - But Im the KEEPER....

    5. "Therefore a POPLA code will not be issued on this occasion." But their own process told me it would. Must seek some clarity on this.

    6. "We will not be providing a copy of our contract with our client as this is business sensitive information." I asked for the Indigo/TOC contract, not the ZZPS/Indigo contract. Seems they misunderstood that. Id better clear that up too.


    Good afternoon

    106073828

    Thank you for your email which has been noted accordingly, which we are treating as a formal section 10 Notice (!!!8220;the Notice!!!8221;) under the Data Protection Act (!!!8220;the Act!!!8221;).
    Please accept this email as our formal acknowledgement and response to the Notice.
    You have provided no justification for the Notice. The processing of your data is warranted.
    The Protection of Freedoms Act is not relevant for Penalty Notices.In any event, section 10(1) of the Act does not apply in circumstances where Schedule 2, paragraphs 1 to 4 of the Act are met, accordingly, we are permitted to continue to process your data at this stage.
    If this is not clear, we suggest you seek legal advice.

    Please be advised you have been issued a Penalty Notice under railway byelaws, not a Parking Charge Notice and therefore the Owner will remain liable. We do not need the driver details as this will remain in your name.


    The original Penalty Notice was affixed to the vehicle, this outlined the appeals process with our client.

    Photographic evidence is available to view at www.iapymypcn.net

    The time to appeal has passed, however, your appeal would have been rejected as there is no valid pay and display ticket on display in the vehicle.
    This is a breach of the Terms and Conditions of the signage which are all approved.

    We will not be providing a copy of our contract with our client as this is business sensitive information.

    Please note due to a recent change POPLA are currently not reviewing appeal decisions on Penalty Notices. This is still outlined in our letter as this decision may change.

    Therefore a POPLA code will not be issued on this occasion.

    Please arrange payment, in the absence of payment the account will progress.

    Regards

    Sarah
    • Coupon-mad
    • By Coupon-mad 12th Jan 18, 12:32 AM
    • 58,434 Posts
    • 71,937 Thanks
    Coupon-mad
    Why are ZZPS responding to my appeal email?
    Because they do the back office demands/appeals paperwork for Indigo. ZZPS are a debt collector, mentioned hundreds of times on this forum. They write letters! Hahaha.

    I would just ignore this now till it times out after 6 months.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Joe whenjung
    • By Joe whenjung 12th Jan 18, 12:49 AM
    • 40 Posts
    • 31 Thanks
    Joe whenjung
    Thanks Coupon-mad.

    Sorry, my sarcastic tone in the questions to ask Indigo didn't really come across in writing. I have been reading this forum with interest over the last couple of months, and know full well the views on ZZPS.

    Was just lining up my questions for letter ping-pong with Indigo.

    I shall take your advice and ignore for another 3 months.
    • nosferatu1001
    • By nosferatu1001 12th Jan 18, 8:43 AM
    • 2,748 Posts
    • 3,413 Thanks
    nosferatu1001
    I would give another quesiotn to Indigo, just to keep it going. its email, so free

    You can dispute that these are met - the "penalty notice" is merely an OFFER to avoid prosecution. There is NO actual contract in place. A byelaw offence does not create a contract, so they cannot claim that either....
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