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    • jph572
    • By jph572 13th Feb 18, 11:42 PM
    • 11Posts
    • 4Thanks
    Indigo Train Station PCN
    • #1
    • 13th Feb 18, 11:42 PM
    Indigo Train Station PCN 13th Feb 18 at 11:42 PM

    I received a "Notice to Owner" from Indigo PCN Admin centre (basically iPayMyPCN or ZZPS) for an offence allegedly committed on 20/09/2017.
    I received the letter dated 01/02/2018 offering me chance to appeal. Which I did. It was then rejected with the exact same reason as the above (hineyb's post), but with no offer of another appeal to POPLA (no code supplied)).

    I have since asked for a code, but no reply as yet.

    My case is that they have accused the driver of my vehicle parking in a "Season Ticket Only" space before 0930hrs. Ticket was issued at 0911hrs. Driver actually paid for the ticket via a phone app at 0930hrs whilst on a train.

    In my reply requesting a POPLA code, I noted that they failed to write to me within 56 days of the alleged offence, have they got a leg to stand on?

Page 2
    • jph572
    • By jph572 12th Apr 18, 10:34 PM
    • 11 Posts
    • 4 Thanks
    You appear not to have seen post #15.
    Originally posted by KeithP
    Yes, apologies. I will now that I have got these more threatening letters.

    • jph572
    • By jph572 12th Apr 18, 10:48 PM
    • 11 Posts
    • 4 Thanks
    Post a copy up. It would suggest a complaint is due to the SRA.
    Originally posted by nosferatu1001
    Here is the main paragraph of the letter:

    We have been instructed by ZZPS Limited, who are acting on behalf of INDIGO PARK SOLUTIONS UK LIMITED in connection with the recovery of the above debt, which has been incurred following the failure to repay the Penalty Notice detailed above, and we require you to make payment in full within the next 14 days.
    Failure to make payment in full or contact us to discuss repayment of this debt may result in us recommending to the Car Park Operator that the matter be enforced through criminal court proceedings. Such proceedings would require your attendance before the Magistrates Court.
    Please call us on 01926 758736 to make payment by debit card, this is the simplest and quickest method of payment or alternatively please send a cheque to the above address, quoting our reference number.
    Please note that free independent advice and assistance can be obtained from the free independent advice organisations in the attached table overleaf.
    We hope to resolve this matter without the need of reviewing your outstanding liability; therefore we look forward to
    hearing from you.
    Yours sincerely

    Organisations listed are:
    National Debtline
    Step Change Debt Charity
    Citizens Advice
    Civil Legal Advice
    • KeithP
    • By KeithP 12th Apr 18, 10:55 PM
    • 12,952 Posts
    • 13,989 Thanks
    So to summarise:

    1) ZZPS have instructed a solicitor to recover some money.

    2) QDR want the money and if they don't get it they will be recommending Indigo to start criminal court proceedings.

    Sounds exactly like another debt collector's letter to me - as one would expect from ZZPS.
    • nosferatu1001
    • By nosferatu1001 13th Apr 18, 10:43 AM
    • 4,890 Posts
    • 5,935 Thanks
    Yep, however QDR cannot make the threat of criminal proceedings - they know they are barred.
    I woudl comaplin to the SRA.
    • The Deep
    • By The Deep 13th Apr 18, 11:51 AM
    • 12,112 Posts
    • 12,195 Thanks
    The Deep
    Indeed, complain like Friar Tuck
    Last edited by The Deep; 13-04-2018 at 11:54 AM.
    You never know how far you can go until you go too far.
    • Handbags-at-dawn
    • By Handbags-at-dawn 13th Apr 18, 12:02 PM
    • 173 Posts
    • 359 Thanks
    Yep, however QDR cannot make the threat of criminal proceedings - they know they are barred.
    I woudl comaplin to the SRA.
    Originally posted by nosferatu1001
    QDR should really be taken to task over this. They seem to be making a habit of chasing penalties after the 6 month deadline - see post 75 on this Pepipoo post:
    (Though in that case, they didn't actually threaten prosecution. They just said, somewhat petulantly, that if the OP didn't pay up they wouldn't speak to him any more!)

    You should also tell the SRA that QDR are making demands for payment of sums which are not legally recoverable - only the Court can impose a penalty for breach of the Byelaws and Indigo's home-made penalties are completely unenforceable. Even Indigo/ZZPS, in their earlier letters, describe the penalties as "offers to avoid prosecution". The whole point of an offer is you can say "Thanks but no thanks". It cannot possibly give rise to a legally recoverable debt. It's an absolute no-no for solicitors, as officers of the court, to suggest otherwise.
    • financerulez
    • By financerulez 14th Apr 18, 1:13 AM
    • 103 Posts
    • 187 Thanks
    In your reply tell them to delete your data immediately and confirm they have done so, as it's use is now unwarranted (6 months have passed). Tell them that if they don't comply you will begin a claim in civil court.
    • Coupon-mad
    • By Coupon-mad 14th Apr 18, 1:35 AM
    • 67,534 Posts
    • 79,783 Thanks
    Just to repeat post #15, as there are several places to drop them in it:

    Complain when you get the next letter (past the 6 months), to:

    your MP

    Sir Greg Knight
    (he of the parking Bill you will have read about on the forum, we hope)

    The BPA

    The DVLA

    The ICO

    Trading Standards

    Saying that Indigo cannot have their cake and eat it, as explained here, it's either a penalty (done & dusted after 6 months, if not laid before Magistrates, as set out in the Magistrates' Court Act) or it's a parking charge where POPLA was required).

    They cannot duck both options, deny POPLA (offered on the back of the PCN) and continue to harass motorists:

    Do not let it lie, once they write to you after the 6 months, stand up and be counted.
    Originally posted by Coupon-mad
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Castle
    • By Castle 14th Apr 18, 10:19 AM
    • 2,175 Posts
    • 2,913 Thanks
    QDR are members of the Credit Services Association (CSA) and they are also regulated by the FCA, (although I doubt the FCA remit covers third party "debt" collecting unfortunately).
    • Handbags-at-dawn
    • By Handbags-at-dawn 16th Apr 18, 9:19 AM
    • 173 Posts
    • 359 Thanks
    Here's yet another recent case where Indigo/ZZPS tried to demand a penalty after the 6 months was up:

    This is a new bullying routine - they used to leave people alone after 6 months. It is also flagrantly against the law, It amounts to a misleading and aggressive action within the meaning of the Consumer (Protection from Unfair Trading) Regs 2008. See in particular sections 5(2) and 5(4)(k), whereby it is a criminal offence to make false statements regarding a consumer's rights or the risks he may face.

    They have to be stopped. Like The Deep says, complain like very loudly. Make sure you include everyone on Coupon-Mad's list. And don't forget to include the SRA
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