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PCN sent to the wrong address
nickwynn17
post Wed, 5 Dec 2018 - 17:55
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Dear all, I have received a PCN from a company called Indigo operating on behalf of Royston train station for overstaying the parking limit (20 minutes). The PCN was unfortunately sent to the wrong address (no 6 rather than no 8) and as a result I did not receive the letter until after the 28 day period to pay.

The address on the correspondence from Indigo and from the the debt collection agency, ZZZ, does not match the address on my driver's license, but both Indigo and the debt collection agency tell me they sent their letters to the address given to them by the DVLA. I have lived at my current address for over 12 years and have never had any problems with PCNs in the past.

The debt collection agency tell me the matter has now been "passed to solicitors". Of course, none of the companies mentioned are interested in addressing the mistake, hence me joining this forum to ask for advice.

If anyone could point me to a good advice, I'd be very grateful.

Many thanks, Nick
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post Wed, 5 Dec 2018 - 17:55
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Fluffykins
post Wed, 5 Dec 2018 - 18:02
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The address on your licence is irrelevant. What is the address on the V5 registration document for your car?
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Redivi
post Wed, 5 Dec 2018 - 18:09
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Indigo issues penalty notices under the Railway Byelaws

They're not debts that you owe, whatever ZZPS and Wright Hassall tell you
They're offers not to prosecute you in the magistrates court

As far as we know, they never have prosecuted anyone

The point is that the deadline for any prosecution is six months from the date of the alleged parking event
After this time, their offer is worthless

The tactic is therefore to drag the process out past this time by ignoring deadlines for replies until the last minute and playing email ping-pong
When was the car parked ?

As you're at the Wright Hassall stage, wait until their second or third letter

What EXACTLY was the penalty issued for - failure to pay or failure to display
Failure to display isn't a byelaw offence

Good responses (not all at once) are therefore :

Why have they issued a penalty notice for what isn't an offence ?
Is the notice a debt or an offer to avoid prosecution ?
If it's not a debt, why have they added debt collection charges ?
What legislation if any enforces an unpaid penalty ?
Who is prosecuted ?

Exactly which Indigo has issued the penalty - Indigo Park Solutions or Park Services ?
The company that issues Notices isn't always the one with the contract

This post has been edited by Redivi: Wed, 5 Dec 2018 - 18:11
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ostell
post Wed, 5 Dec 2018 - 18:59
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So what was the title on the notice? Parking Charge Notice or Penalty Charge Notice?

if it went to the wrong address ie not the V5 address, then they haven't delivered a Notice to Keeper within the relevant period

This post has been edited by ostell: Wed, 5 Dec 2018 - 19:06
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Redivi
post Wed, 5 Dec 2018 - 19:12
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Was the parking overstay the result of a delayed train ?

Indigo have been instructed to increase the (10 minutes) grace period to 20 minutes when there is a delay

https://www.royston-crow.co.uk/news/motoris...yston-1-5729076

I do wish OPs wouldn't post and disappear without waiting for the inevitable and essential questions

This post has been edited by Redivi: Wed, 5 Dec 2018 - 19:14
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nickwynn17
post Sun, 9 Dec 2018 - 15:03
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thank you everyone for the replies.

Answers to questions:

Unfortunately, the train I was waiting for was 25 minutes late. Stupidly, I didn't think that there might be a maximum stay ion the set down area.#

It's a "penalty notice" as opposed to a "penalty charge notice"

Failure to display. I didn;t buy a ticket, not thinking it would be necessary while in the set down area. Yes, stupid of me, I know.

Indigo PArk solutions UK limited

I will needd to check the V5 thingy, but I've no idea why having never had any problem in the past I would have problems now. I've not moved address in the last 12 years and up until this year have never had anything or this kind sent to the wrong address
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SchoolRunMum
post Sun, 9 Dec 2018 - 15:14
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If it's only Indigo at a Railway, issuing a 'PENALTY' Charge, then you can ignore the letters from ZZPS and QDR 'solicitors' and sit it out, albeit you need to contact Indigo's Data Protection Officer online (see their PRIVACY page) to tell them your correct address, to make sure you do not miss any letters.

The charge times out after six months and we know that Indigo's contract only allows them to issue pre-court letters. Not any claim in any court at all.

Nothing happens. Google Indigo railway Penalty and read ANY thread on here or on MSE from 2018.

If the first ZZPS letter is within 28 days, you can string it out and waste their time by appealing as keeper (NOT 'OWNER' AND NOT 'DRIVER'!) and then POPLA, like all the other byelaws POPLA threads.

Sounds like your car is registered to the wrong address at the DVLA. You need to check that because parking firms do get the data from the DVLA and haven't made it up, so the DVLA address MUST be wrong.

This post has been edited by SchoolRunMum: Sun, 9 Dec 2018 - 15:15
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ostell
post Sun, 9 Dec 2018 - 15:25
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DVLA not necessarily wrong but Indigo could have transcribed it incorrectly. It is still worth checking though. The Keeper should have a copy of the V5 anway to do the initial check.

There is a problem with their PCN: Failure to display is NOT a byelaw offence. So a ping pong of letters from the keeper to idigo asking which specific byelaw has been breached. The intention is to keep this going for some 6 months so they run out of the ability to take action about any alleged byelaws transgressions.
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