Advice Required in Relation to Indigo Parking & ZZPS Please

[TK]

Hi everyone,

We thought this had finally gone away but my partner has gone back to work today after a week of leave and been given four letters which had been taken to the post tray of a colleague who has been working at another hospital in the Trust for several months. Two are from ZZPS dated 3rd October and 2nd November and two are from a Solicitor called QDR dated 27/12/17 and 22/1/18.

The debt is now £146.00 and the letter says if it is not paid within 14 days of the letter “our client may consider County Court proceedings.” It then goes on to list a number of actions that may result from a County Court Judgement being obtained against my partner.

Can you please advise what our next action should be please.

Thanks very much,

TK.

[TK]

Apologies if I appear impatient but my partner is very worried about receiving this letter from QDR especially given when it was sent and only just receiving it. Can anyone advise on our next course of action please.

Kind regards,

TK

[ostell]

The relevant wording is the "may consider" ie they have not been told to take action. Who do they say there client is?

It looks like the letter is having the desired effect: you partner is being frightened into paying the exorbitant claim. The threatened results can only happen IF they take it to court and IF she loses and IF she doesn't pay within a month. They are purely acting as debt collectors. Does the letter say that ZZPS have instructed them? If so then ZZPS cannot instruct them as ZZPS do not own the debt. Before it goes to court then they HAVE to give 30 days notice of their intention.

I looked back through this thread and in the very first post you mention that your partner was told by ZZPS that a Notice to Keeper had been sent out on the 3 October. As the alleged contravention was on the 18th July this is way beyond the 56 days required to hold the keeper liable, I hope you still have a copy of that email. Sorry I missed this.

Are they aware of the driver at the time or are they just contacting your partner as the registered keeper?

If they don't know the driver then it will be a quick letter to indigo telling them to stop the harassment, call off their agents and remove you details from their records, as required under the DPA.

[TK]

Hi Ostell, Thank you very much for your reply.

The opening line says “”we are instructed by ZZPS Limited on behalf of Indigo Park Services UK Limited”.” The letter doesn’’t specifically state they have been instructed by ZZPS.

My partner is worried that because the letters are being sent to the hospital rather than to home there may be others that have been sent about court action that has not reached her.

What if they have taken court action but the associated correspondence has not reached my partner?

There is no question that my partner would go to court to challenge this issue as she was parked in a place that is used regularly to this day and it does not cause inconvenience or obstruction as the ticket issued claimed.

She does still have the email which references October 3rd. Please don’t apologise, we appreciate the helpful replies we are receiving.

My partner told Indigo on their appeal form she was the driver so they know that. She did also put the hospital address on the appeal notification. We have never received any correspondence at home. On a previous post I was asked and confirmed our correct home address is on the V5 document.

Would the usual process be for the notice to keeper to be sent to our home address?

One of the letters found in the other persons mail tray last week is the one sent on 3rd October. It says within it that my partner’s details have been provided by DVLA as the registered keeper. That letter is from PCN Admin Centre, has Indigo in large letters at the top of it but refers to Indigo as “”our client.”

”To my untrained eye, the letter from QDR does not seem very professional; there is a lot of “”if this happens”” scenarios within it and it is signed QDR Solicitors rather by a person who works there.

I can upload any of the mails or letters if required.

Please advise what you feel we should do next.

Kind regards,

TK

[ostell]

ZZPS cannot instruct solicitors, theydo not "own" the alleged debt. QDR are trying to frighten your partner into paying, if it was actually QDR. Post up that QDR letter, suitably redacted. It's probably from one of the debt collectors but needs a reply as it's purporting to be from a solicitor at the moment. A simple reply from the keeper repudiating any debt liable to ZZPS. Short and sweet.

The other letter you mention, the one that states the keeper address has been obtained form the DVLA. I am sure that your partner does not have the hospital address on the V5 and therefore they have not contacted the DVLA as they are required to do to hold the keeper liable but used the address they have been given. So basically it is very possible that they cannot hold the keeper liable,

[TK]

Hi Ostell,

Thank you again for the information, it is very interesting to learn about how these companies present themselves.

I’ll get the redacted document uploaded tomorrow.

Kind regards,

TK

[TK]

Hi Ostell, please see the two letters in the attachment I have uploaded.

Indigo.pdf

Thank you again for you help, we really appreciate it.

Kind regards,

TK

[ostell]

The solicitors letter is as I thought and explained

The Notice to Keeper fails completely to adhere to the requirements of POFA to hold the keeper liable. If it went to an address that is not the address on the V5 then they have not contacted the DVLA, another POFA failure.

Try a BOGOFF letter to QDR and see what the response is.

Sirs,
I am the keeper of car XXXXX and am in receipt of your letter reference XXXXXX

I deny any liability to your client. The original Notice to Keeper failed to comply in many ways with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA) in that many of the statements that MUST be include in the notice are conspicuous by their absence. The notice was also sent to an address that is not on the V5 certificate for the car and therefore you cannot have obtained my details from the DVLA and the statement that you have is not correct.

Because of this failure to adhere to the requirements of POFA I, as the keeper cannot be held responsible for the alleged debts of the driver. You continue to request that I identify the driver but I am under no legal obligation to do so and I will not be doing so.

See what comes back. Get free proof of posting from a post office. If there was windscreen ticket then you could reference 8 (2) for the MUST otherwise 9 (2)

[TK]

Hi Ostell,

Thank you for your reply.

I just want to check one point with you please.

In relation to the windscreen ticket, does that mean a ticket obtained from a machine? Because my partner pays for parking via her salary she does not get a ticket from a machine; she has a card with a registration number on which is kept in a small plastic sleeve on the windscreen.

Best wishes,

TK

[ostell]

Sorry, By windscreen ticket I meant a parking charge stuck on the window. I am just hoping that they forget that they have been informed about who may have been driving at the time. Edit your post so that who was driving cannot be inferred. They read forums and have been know to use them in court. If it was a letter from solicitors then the solicitor would not have all the paperwork.

[TK]

Hi Ostell,

Thank you again for the reply and for the clarification.

Do we need to include any reference the fact no response was ever received to the appeal or tell them about the letter we sent from post 28?

Kind regards,

TK

[ostell]

Just send the suggested BOGOFF as is. Don't add other items, keep it simple and to the point.

[TK]

Will do Ostell, thank you again for your help.

Best wishes,

TK