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Advice Required in Relation to Indigo Parking & ZZPS Please

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  • Advice Required in Relation to Indigo Parking & ZZPS Please

    Good afternoon,

    Apologies for the long post below but I thought it best to provide full details.

    My partner works at Hinchingbrooke Hospital and pays for parking via deduction from her salary.


    On 18th July she returned to the car to find a ticket issued by Indigo Parking stating reason breach code 05 – Parked causing obstruction/inconvenience. The car was parked on a verge used regularly by a variety of people as there are insufficient staff parking spaces but it was not causing an obstruction or inconvenience. My partner took a photograph and appealed online as per the instructions on the ticket on 28th July and on the recommendation of the hospital’s Facilities team. On subsequent days, and to this day, the area is used for parking and my partner has never seen any other tickets issued. There are no signs in the area to say parking is prohibited.


    On the 24th November my partner received a letter, posted to her work address, from ZZPS stating they had written to her previously and not received a reply. The charge was now £40 and a further administration fee of £70.00. Their letter was dated 17th November.
    My partner replied to this letter via email on 24th November and stated she had had appealed on 24th July and heard nothing since.


    We were on holiday from the end of November to the middle of December. My partner received an email during this period in which ZZPS claim they can provide evidence that contact had been made by notice to keeper on 3rd October, a first debt recovery letter on 2nd November and a second debt recovery letter on 17th November. This reply states that their client rejected the appeal on 27th August and that two options were available at that time; to make payment or appeal to POPLA. As neither option was taken (obviously because no correspondence was received) the account has been passed to us to collect payment. The email states the account would be put on hold until 10th December.


    The final paragraph states that in the absence of payment the hold on this account will expire and the account will be left to progress accordingly where further fees may be incurred.


    Any guidance would be appreciated please. I will be honest and say my partner only found the email from late November last week; she has over 700 unread emails since returning to work from annual leave.

    Thanks very much, TK
    Tags: None

  • #2
    Re: Advice Required in Relation to Indigo Parking & ZZPS Please

    [MENTION=5553]charitynjw[/MENTION] [MENTION=39331]ostell[/MENTION]
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Advice Required in Relation to Indigo Parking & ZZPS Please

      I could suggest that write back to them saying that the appeal was made on the 28th July. The BPA CoP, which Indigo are obliged to follow, states that if there is no response to an appeal within 35 days then it can be taken that the appeal was successful. Accordingly you do not expect to hear from them again.

      As you seem to be missin a NTK is the address on the V5 for the car correct?

      Comment


      • #4
        Re: Advice Required in Relation to Indigo Parking & ZZPS Please

        Originally posted by ostell View Post

        As you seem to be missin a NTK is the address on the V5 for the car correct?
        Thank you for the prompt reply Ostell. I will check but I believe it is as we receive letters when the tax is due.

        Kind regards,

        TK

        - - - Updated - - -

        Originally posted by Kati View Post
        Thank you Kati. My apologies for posting into the wrong forum section.

        Kind regards,

        TK
        Last edited by Kati; 8th January 2018, 14:36:PM.

        Comment


        • #5
          Re: Advice Required in Relation to Indigo Parking & ZZPS Please

          Originally posted by TK View Post
          Thank you Kati. My apologies for posting into the wrong forum section.

          Kind regards,

          TK
          no worries I've moved it for you xx
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

          Comment


          • #6
            Re: Advice Required in Relation to Indigo Parking & ZZPS Please

            How did they (Indigo) know to write to your partner at her place of work?
            Who gave them that info?
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Advice Required in Relation to Indigo Parking & ZZPS Please

              Originally posted by charitynjw View Post
              How did they (Indigo) know to write to your partner at her place of work?
              Who gave them that info?
              Hello CharityNJW,

              My partner tells me she put the hospital address on the online appeal form. Was this the wrong thing to do?

              My partner has never received any correspondence from Indigo; the letter in November was from ZZPS.

              Kind regards,

              TK

              Comment


              • #8
                Re: Advice Required in Relation to Indigo Parking & ZZPS Please

                Originally posted by ostell View Post
                As you seem to be missin a NTK is the address on the V5 for the car correct?
                Hi again Ostell,

                The document definitely has the correct address on it. In reply to a question from CharityNJW my partner tells me she put the hospital address on the appeal document not our home address. Would the normal process be to send the NTK to the address on the V5?

                Kind regards,

                TK

                Comment


                • #9
                  Re: Advice Required in Relation to Indigo Parking & ZZPS Please

                  My partner took a photograph and appealed online as per the instructions on the ticket on 28th July
                  .......and stated she had had appealed on 24th July
                  A small anomaly
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Advice Required in Relation to Indigo Parking & ZZPS Please

                    So a Notice to Keeper has not been received at the address on the V5 ?

                    Comment


                    • #11
                      Re: Advice Required in Relation to Indigo Parking & ZZPS Please

                      Originally posted by charitynjw View Post
                      A small anomaly
                      My apologies for the error CharityNJW; it was definitely the 28th that the online appeal was submitted.

                      Kind regards,

                      TK

                      - - - Updated - - -

                      Originally posted by ostell View Post
                      So a Notice to Keeper has not been received at the address on the V5 ?
                      Hi Ostell,

                      That is correct. No correspondence has been received at our home address.

                      Kind regards,

                      TK

                      Comment


                      • #12
                        Re: Advice Required in Relation to Indigo Parking & ZZPS Please

                        As you appear to have ID'd the driver, it may be that the timeframes imposed on the parking co for registered keeper liability (via Protection of Freedoms Act 2012 Schedule 4) might not be applicable.

                        Indigo are not particularly litigious (only court 20 hearings last year).

                        Choices are to either sit tight & not respond (ZZPS are acting as a 3rd party debt collector, so anything from them can be filed & ignored) & see if they/Indigo take it further. They should follow pre-action protocol & issue a Letter Before Claim before commencing court proceedings.
                        Or you could gamble on them not realising that PoFA doesn't apply.
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: Advice Required in Relation to Indigo Parking & ZZPS Please

                          So if the driver has not been identified then they cannot hold the keeper liable as they don't appear to have got the details from the DVLA. I'll write something up shortly.

                          Comment


                          • #14
                            Re: Advice Required in Relation to Indigo Parking & ZZPS Please

                            Thank you for your reply CharityNJW.

                            Apologies for my lack of knowledge but are you advising that sending in the appeal using the work address has identified the driver? My partner is also the registered keeper but the appeal form did not ask about that.

                            She appealed after discussions with Facilities on the basis of the fact that the area is used for parking regularly and there are no signs to say parking is prohibited in that area. The appeal could only be made online and the form asked for a name and address. My partner used her work email address on the form; perhaps this was a mistake?

                            As per my original post, ZZPS state they have evidence of previous correspondence; NTK and two debt recovery letters. They state that Indigo rejected the appeal; would that have been by letter or email? Should the NTK have been sent to our home address? Are they sent signed for delivery? We are concerned that we cannot evidence that we did not receive any previous correspondence should ZZPS or Indigo pursue the matter.

                            Thanks for the information about ZZPS, I was not aware they are not part of Indigo. My partner replied to the only letter she received from them, the one dated 17th November, via email; given she did not know to ignore that letter is it now an option for her to ignore the latest email from the end of November?

                            Thank you again for your help,

                            TK

                            Comment


                            • #15
                              Re: Advice Required in Relation to Indigo Parking & ZZPS Please

                              Originally posted by ostell View Post
                              So if the driver has not been identified then they cannot hold the keeper liable as they don't appear to have got the details from the DVLA. I'll write something up shortly.
                              Hi Ostell,

                              I was replying to CharityNJW when you replied.

                              I assume the fact my partner appealed identifies her as the driver even though she is the keeper as well?

                              Kind regards,

                              TK

                              Comment

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