Penalty notice by post

[Hedgehog37]

Hi, I wonder if anyone can point me in the right direction....

On Saturday 29 December 2018 my daughter received a letter from PCN Admin Centre dated 21 December 2018, alleging that her car was parked in a station car park the offence was ‘failing to obtain a valid ticket or voucher’ on 2 December 2018.
amount payable: £100

It also says the above penalty is now due plus any additional cost which may be incurred in its recovery

However, on closer reading it appears that this is on behalf of ‘our client’ and that if she doesn’t pay the fine ‘our client’ may pursue you through the magistrates court by way of a private criminal prosecution etc.....we urge you to take up this offer of disposal.

So, which is it? A penalty or an offer for her to give them £100 so that they don’t tell their client and she won’t be prosecuted? Surely if an offence has been committed offering to keep quiet about it in return for £100 is bribery? Or blackmail? Or something!

In any case a valid ticket was purchased and is in her possession, so no offence was committed.

There are so many things about this letter that don’t ring true but others that do
- PCN Admin Centre isn’t on companies house
- the letter states it’s a trading name for ZZPS limited which is on companies house
- Although it is from PCN Admin Centre it says it is issued by Indigo Parking Solutions UK ltd on behalf of Southern - the car park in question is operated by indigo but on behalf of Govia Thameslink
- most importantly she has a valid ticket

We cant work out whether this is a legitimate letter in which case should she appeal it, or a scam and ignore it.

we’d be very grateful for any advice about where to start! There is also the issue of them having obtained her personal data from DVLA...they appear to belong to trade associations and have quoted reasonable cause and some legislation but as no offence was committed, is there still reasonable cause?

Many thanks

[ostell]

This is quite a common offer for a bribe to be paid to ensure that it does not go to prosecution. Ignoring is not recommended.
The intention will be to keep up correspondence with them till the 6 month limit for prosecution in the magistrates court has passed. All correspondence will be from the registered keeper as if they don't know the driver, and the driver does not have to be named, then that gives them difficulties going forward.
So send an appeal from the keeper asking which particular regulation was breached and how can there be a breach as the parking was paid for and here's a copy of the ticket. Send t2he appeal so that it arrives a couple of days before the time limit they give. Remember that if it goes to magistrates court then indigo gets nothing.

Have a look at pepipoo forums search for indigo and railway. http://forums.pepipoo.com/index.php?&showforum=60

[Hedgehog37]

Thank you so much for taking the time to reply so quickly. I’ve had a look at the forum you suggested, wow there’s a lot on there! I couldn’t find anything that was an exact match unfortunately.

So so you don’t think this is some sort of scam? To be honest I’m not convinced it’s genuine but we’ll take your advice and go ahead with appealing it.

I’m quite cross about it because it just doesn’t seem lawful to be allowed to demand money in order to avoid prosecution, and it’s all so unclear, it’s all designed to look like a fine. It was only after reading it very carefully several times that I realised what they were suggesting.

There is also a veiled threat that if the car is parked there again (presumably whilst this demand is unpaid) they will clamp it, which reduces my daughter’s independence.

One more question: when you say to time the appeal to arrive a couple of days before the time limit, is that the date of the alleged offence, or the date of the letter?
Sorry, two questions! Have they waited too long to contact her? Having read some of the forums I’m a bit unclear as to whether they should have contacted her within 14 days? The date of the alleged offence was 1 December, not 2nd, and the letter was dated 21 December.

Again, many thanks and happy new year to you

[ostell]

The 14 days is for a non windscreen ticket under Schedule 4 of the Protection of Freedoms Act 2012 but as this is railway land then it is not relevant land for the purpose of keeper liability under POFA.

If they clamp for an alleged bribe that is unpaid then they would be in trouble. My understanding is that clamping is only permitted if there is guilt proved in court.

Appeal within 28 days of the letter.

I'm surprised you didn't find anything on Pepipoo. Indigo appear regularly on there, connected with railway land.

Can your daughter show she was elsewhere on the date they mention, or she had a ticket for that day?

[Hedgehog37]

Hi,
She has a ticket for the day in her possession, she plans to send a copy of it with the appeal - which hopefully will be the end of it! I can’t see how they even thought she didn’t have a ticket, which is why I was assuming it was a scam - the letter is one that even I could knock up on word - right down to the blurry trade association logos.

Thanks for clearing up the time scale for me.

I did see loads on Indigo, but I think I was suffering information overload - so many different abbreviations and situations...

[ostell]

Still do not identify the driver. Your daughter writes as the keeper and sends a copy of the ticket for that day.

First class post and free certificate of posting for a post office.