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Saba/Indigo ping pong
Handbags-at-dawn
Posts: 210 Forumite
I think these days it might be better to go back to engaging with Saba/Indigo/ZZPS again, rather than ignore them. As well as a delay tactic, it can draw out some answers that can be used at a later date, if necessary.
Maybe it would be helpful to people to draw up a new list of suggestions. Here are some for starters:
1. Please confirm where it says in the byelaws that you can charge a penalty.
2. I note that your letter is headed "Notice to Owner". I admit I am the registered keeper but on what grounds do you assume I am the owner?
3. I have looked up Byelaw 14 (4) (i). It says the owner may be liable for a penalty but doesn’t say when the owner is liable. In order to assess any possible liability, please would you tell me in what circumstances you claim the owner is in fact liable.
4. What happens if the owner is a finance company?
5. In order to assess any possible liability, I need to be satisfied the penalty was “displayed in the area”. Please confirm how the penalty was brought to the driver's attention, and provide photographic evidence.
6. Please direct me to the Byelaw which states debt recovery costs may be charged in addition to a penalty.
7. I note that the appeal service ITAL is your preferred choice for the second-tier appeal. My preferred choice is POPLA. Who decides which appeal service to go to?
8. Please confirm whether the penalty is:
a) an offer to settle the matter and avoid prosecution; or
b) a statutory penalty which must be paid; or
c) a parking charge for breach of contract
9. If I pay, how can I guarantee the driver won’t still be prosecuted?
Maybe it would be helpful to people to draw up a new list of suggestions. Here are some for starters:
1. Please confirm where it says in the byelaws that you can charge a penalty.
2. I note that your letter is headed "Notice to Owner". I admit I am the registered keeper but on what grounds do you assume I am the owner?
3. I have looked up Byelaw 14 (4) (i). It says the owner may be liable for a penalty but doesn’t say when the owner is liable. In order to assess any possible liability, please would you tell me in what circumstances you claim the owner is in fact liable.
4. What happens if the owner is a finance company?
5. In order to assess any possible liability, I need to be satisfied the penalty was “displayed in the area”. Please confirm how the penalty was brought to the driver's attention, and provide photographic evidence.
6. Please direct me to the Byelaw which states debt recovery costs may be charged in addition to a penalty.
7. I note that the appeal service ITAL is your preferred choice for the second-tier appeal. My preferred choice is POPLA. Who decides which appeal service to go to?
8. Please confirm whether the penalty is:
a) an offer to settle the matter and avoid prosecution; or
b) a statutory penalty which must be paid; or
c) a parking charge for breach of contract
9. If I pay, how can I guarantee the driver won’t still be prosecuted?
0
Comments
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Good idea, remind me to link this to the NEWBIES thread when I finally edit it!
Another question might be:
- please explain the court process your PCN relies upon?
- is it a contractual charge?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Please confirm whether or not you have passed any of my personal data over to the Train Operating Company (TOC)?
To which other organisations have you handed my personal data?
Against each organisation (including the TOC), on which dates did you hand over my personal data?
Against each organisation (including the TOC), please explain fully your justification for handing over my personal data.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 -
Are you acting as agent of the TOC or as creditor in your own right?
If the latter, what authority do you have to be seeking a Penalty Charge?0 -
Please send me a copy of your contract with the PPC.
Your letter dated xxxx was unreadable, please send me another copy.ourYou never know how far you can go until you go too far.0 -
Can this penalty later become a contractual charge?
How long do you have to prosecute, for example could you take me to court in a year or two from now?0 -
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Is this being pursued under criminal or contract law?You never know how far you can go until you go too far.0
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