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St Albans Victoria Street Car Park Indigo/ZZPS
Bigden136
post Sat, 12 Jan 2019 - 18:25
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A family member has received a number of "Penalty Notice By Post - Notice To Owner". The text states that "all vehicles are parked subject to Railway Byelaws. These have been issued by PCN Admin Center which is trading name of ZZPS. The appeals can only be made a domain called "ipaymypcn.net" or directly back to PCN admin center which strikes me as not independent!

I have a few of questions:


1. Does the Penalty Notice have to be issue within 14 days to be enforceable as some are outside of this
2. Are these enforceable given the land is subject to Railway Byelaws?

Would someone be so kind to let me know if there are templates that I can use to refute these charges.

Below is the text of the Penalty Notice:

Any Help would be mostly appreciated
Thanks
Den


All vehicles are parked subject to the Railway Byelaws ("Byelaws") as displayed on the signage at the location.
The Byelaws were made under section 219 of the Transport Act 2000 as amended under the Railways Act 2005, and an offence has been committed by breaching Byelaw 14. Having identified that an offence has occurred, your data has been released by the Driver and Vehicle Licensing Agency as our client has reasonable cause (under Regulation 27(1 )(e) of the Road Vehicles (Registration and Licensing) Regulations 2002). Their records indicate that you were the registered keeper of the vehicle on the date that the offence was committed.
The above penalty is now due plus any additional cost which may be incurred in its recovery.
In the event that this remains unpaid, then our Client may pursue you through the Magistrates Court by way of a private criminal prosecution. This can result in a fine not exceeding level 3 on the standard scale set out in section 37 of the Criminal Justice Act 1982, currently £1000. We urge you to take up this offer of disposal. '
Additionally, Byelaw. 14(4)ii allows for vehicles to be clamped, and our client may well exercise this option in future. You will be liable for all costs associated with the clamp, its removal and potentially any unpaid notices outstanding for the same VRM.
The amount payable will be discounted to £60 if this is paid within 14 days.
Photographic evidence is held on file to support this claim in accordance with the Data Protection Act. The data is used for the sole purpose of pursuing settlement of this offer.
Please pay this penalty now or see overleaf for further details.
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post Sat, 12 Jan 2019 - 18:25
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Bigden136
post Mon, 11 Mar 2019 - 23:01
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Redacted Appeal response is attached... original upload failed due to file size error
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Attached File  New_Doc_2019_03_10_21.59.23_redacted_opt_redacted.pdf ( 331.76K ) Number of downloads: 26
 
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HappyHarry
post Mon, 11 Mar 2019 - 23:14
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Hello Bigden. Yes, appeal online around Day 26. Take screenshots showing that your appeal docs have been loaded and keep a copy of th evidence pack you get sent. If your experience be anything like mine, they won’t take a scrap of notice of any of your appeal points. I’m having fun doing lots of complaining about ITAL’s scandalous non-impartiality.

This post has been edited by HappyHarry: Mon, 11 Mar 2019 - 23:14


--------------------
“Nobody leaves their house because they want to go and do some parking; parking is simply a means to an end, and it should be as easy as possible.” Rishi Sunak, MP
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Bigden136
post Sun, 17 Mar 2019 - 17:32
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I need a bit of help again please.. I seemed to have missed the 26 day deadline on one of the appeals and now have a debt collection letter.... £100 plus a ridiculous £70 admin charge.......what are my options given I missed the deadline?
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ostell
post Sun, 17 Mar 2019 - 20:07
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Send in the appeal and ignore the debt collectors. The deadlines are of their own making
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Bigden136
post Sat, 23 Mar 2019 - 20:26
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I note that the appeal can be submitted online or via post:

https://www.asparking.co.uk/NewAppeal/ChooseMethod/IN

what would be the best option in this case and would it make a difference?

This post has been edited by Bigden136: Sun, 24 Mar 2019 - 17:30
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Gary Bloke
post Mon, 25 Mar 2019 - 08:45
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If you appeal using their website you may find that you are forced into answering questions that you'd rather not have to. If you write a letter and put it in the post, you retain control of the content. Allow 2 days for delivery using first class post. Get a proof-of-posting receipt.
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Bigden136
post Sat, 6 Apr 2019 - 21:16
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so.. an update...

Received another "Final Reminder of Unpaid Debt"... see attached...

- Accuse me of ignoring their previous whereas I sent a letter to deny that a debt existed as Penalty Notice was in appeal. (how they can justify adding £70 admin charges to original Penalty Chrag is beyond me!)
- Now give me 14 days to pay or they will pass it on to debt collectors


Is best option here to write back again to deny debt and highlight they in fact ignored my last request not to harass me!??

Any help/comment is much appreciated





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Attached File  New_Doc_2019_04_06_22.07.48_1_opt.pdf ( 159.14K ) Number of downloads: 20
 
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Gary Bloke
post Sat, 6 Apr 2019 - 21:24
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Ignore them, "legal debt recovery" means you get a couple of letters from QDR solicitors, alias Wright Hassall. They will also claim there is a debt. You might reply pointing out their error, or you could ignore them too.
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Bigden136
post Sun, 14 Apr 2019 - 22:09
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SO ZZPS seemed to have completely ignored my appeal letters and now have sent a series of "Unpaid Debt" letters - do i just ignore these or reply citing the fact it is constituted as harassment?

What are they likely to do next?
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Glacier2
post Sun, 14 Apr 2019 - 22:50
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Send a few more letters. You need to develop a thick skin to deal with them.
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Bigden136
post Sat, 27 Apr 2019 - 23:13
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So I have received a "Final Reminder of Unpaid Debt" form ZZPS who call themselves a "professional Debt Collection Agency" who have been instructed by Indigo Park Solutions Limited to obtain payment of the debt.

If I don't then the letter says:

- "We could instruct a local agent to discuss payment of the debt"
- "We could recommend to our client that a private criminal prosecution be brought against you"

Alternatively I have 14 days to decide whether I should pay this alleged debt

Should I respond to advise there is no deb and that this is just pure harassment?

Thanks for you help
Bigden
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Gary Bloke
post Sat, 27 Apr 2019 - 23:48
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You can ignore everything from ZZPS. You can also ignore the solicitor's letters. The only thing you should never ignore is a letter before claim or letter before action (ie if they really will take it to court).
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Bigden136
post Sun, 9 Jun 2019 - 21:57
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I have now received a letter form QDR solicitors who have been instructed by ZZPS on behalf of Indigo Park Solutions UK Limited with the recovery of debt as a result of failing to pay the parking charge notice. I have kindly requested to make payment within the next 14 days.

If I fail to make payment or contact them to discuss repayment of debt they may recommend to their client that the matter is passed to their litigation department. This may mean they (the litigation dept) will look to obtain a CCJ. Then there is a whole lot of blurb about all the bad things that can happen if i have a CCJ registered against me.

They of course look forward to hearing form me.

The question is:Do I reply to this letter, if so what should be the reply be? (the original PCN was in last week of December 2018)

Any help would be most appreciated.

Thanks
Bigden

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Redivi
post Sun, 9 Jun 2019 - 22:54
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I have now received a letter form QDR solicitors who have been instructed by ZZPS on behalf of Indigo Park Solutions UK Limited with the recovery of debt as a result of failing to pay the parking charge notice

What exactly has QDR called it ?
A parking notice or a penalty notice ?
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Bigden136
post Sun, 9 Jun 2019 - 23:02
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QDR have called it "failure to repay the Parking Charge Notice"

for a parking event described as: Failing to obtain a Valid Ticket or Voucher....

They have also increased the charged to close to £200 without any details!!

This post has been edited by Bigden136: Sun, 9 Jun 2019 - 23:05
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The Rookie
post Mon, 10 Jun 2019 - 04:37
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QUOTE (Bigden136 @ Sun, 9 Jun 2019 - 23:02) *
They have also increased the charged to close to £200 without any details!!

So what? You've been told you need to understand this and develop a thick skin. You owe nothing so why does them asking for a made up number make any difference. If you were reading other similar threads you would have known this would happen.

Their aim is to frighten you into paying because it may go up more, if that doesn't work it gives them a high point to offer a discount from back to what Indigo were originally asking for in the first place.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
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Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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Gary Bloke
post Mon, 10 Jun 2019 - 04:46
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QDR have a habit of magically being able to transform a penalty notice issued under Byelaws into a parking charge notice which represents damages for breach of contract. Since Byelaws were used to manage the car park, there was no parking contract. Either QDR know the law or they do not. If they do not know the law regarding parking, then they are incompetent and should not be dealing with parking cases. If they do know, then they are deliberately trying to deceive you into thinking there was a breach of a civil parking contract when there was no such thing. Send in a complaint to the Solicitors Regulation Authority.
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Gary Bloke
post Mon, 10 Jun 2019 - 05:00
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The DVLA does not allow parking operators to use a mixture of contract law and Byelaws at the same time. Parking operators must choose one or other form of parking management and stick to it. This is demonstrated in the emails released in response to Freedom of Information Request 302420. On pages 15 and 16, the DVLA writes to the Legal Counsel at NCP as follows: “We note the position you are in with railway car parking but we would restate that if you are operating the railway car parks under Byelaw 14 then that must be clear on the signage, communications and tickets and if you are operating the car parks under contract then that needs to be clear on signage, communications and tickets. We will not release data for those sites where it is not clear to the users which you are using or where you may decide after the event which you will use (byelaw prosecution or contractual breach)”.
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Bigden136
post Yesterday, 22:16
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Latest update:

QDR have sent the attached letter which ask for payment within 14 days or else they "may consider County Court Proceeding" which if I am not mistaken they cannot do as this is land covered by Railway byelaws which needs to be heard by a magistrates court for an alleged "criminal" offence court and it is now a few days past the 6 months time limit.

I would appreciate it if anyone can provide a form of wording I can use as an appropriate response to QDR

Thanks for your help
Bigden

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