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Saba Parking PCN notice served at Railway Station
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So now that I’ve appealed via Saba’s internal appeals process, what’s the next step? Appeal via asparking.co.uk around the end of June? Should I contact Saba customer service, but not sure what I’d say?0
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personally , I would be reading each and every SABA thread from 2019 and looking at what advice was given to those who posted , especially all the recent ones
I dont believe that appealing to AS appeals will do any good , the usual advice is to play ping pong until the 6 months deadline has passed for the TOC to try MAGS court0 -
.Just remember not to identify the driver and that includes appealing through ASParking
You seem to have missed this from post #8.
Why not simply ask towards the end of the appeal window why can't you appeal to POPLA? Why do you need to appeal to asparking?0 -
So now that I’ve appealed via Saba’s internal appeals process, what’s the next step? Appeal via a sparking.co.uk around the end of June?Should I contact Saba customer service, but not sure what I’d say?
Search the forum for SABA email tennis and read the threads.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
For anyone interested, check out the POPLA's 2018 annual report (sorry but can't share the link being a newbie)
Page 12 being of particular note regarding keeper/owner pursuit of breach of byelaws, and timelines relating to a breach of byelaws.
Apparently, any Penalty Notice's issued in breach of a byelaw of Railway land post November 2018 can be appealed to POPLA. So very much need to question Saba why this is not an option!0 -
Agreed, I spotted that too.
Bought it up with ZZPS and Steve Clark from BPA. Both said POPLA don’t do Railway Byelaws cases so rang POPLA. They too said they don’t do them despite what the website says. They were adamant (earlier this month - June)
Total and utter confusion. No wonder the Newbies are confused.....and the PPCs love it that way0 -
1) Railway Byelaws state that the person in charge of the vehicle commits an offence....but there is no evidence who was in charge (unless you tell them of course!)
2) The owner may be held liable.....but you are not the legal owner either are you
Just looked up the Railway Byelaws again via the gov.co.uk website - clearly states the vehicle owner is liable.
(4) In England and Wales
(i) The owner of any motor vehicle, bicycle or other conveyance
used, left or placed in breach of Byelaw 14(1) to 14(3) may be
liable to pay a penalty as displayed in that area.
(ii) Without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle
or other conveyance used, left or placed in breach of Byelaw
14(1) to 14(3) may be clamped, removed, and stored, by or
under the direction of an Operator or authorised person.
(iii) The owner of the motor vehicle, bicycle or other conveyance
shall be liable to an Operator or an authorised person for the
costs incurred in clamping, removing and storing it provided
that there is in that area a notice advising that any vehicle
parked contrary to these Byelaws may be clamped, removed
and stored by an Operator or an authorised person and that
12
the costs incurred by an Operator or an authorised person for
this may be recovered from the vehicle’s owner.
(iv) The power of clamping and removal provided in Byelaw
14(4)(ii) above shall not be exercisable in any area where
passenger parking is permitted unless there is on display in
that area a notice advising that any vehicle parked contrary to
these Byelaws may be clamped and/or removed by an
Operator or an authorised person.0 -
Just looked up the Railway Byelaws again via the gov.co.uk website - clearly states the vehicle owner is liable.
(4) In England and Wales
(i) The owner of any motor vehicle, bicycle or other conveyance
used, left or placed in breach of Byelaw 14(1) to 14(3) may be
liable to pay a penalty as displayed in that area.
(ii) Without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle
or other conveyance used, left or placed in breach of Byelaw
14(1) to 14(3) may be clamped, removed, and stored, by or
under the direction of an Operator or authorised person.
(iii) The owner of the motor vehicle, bicycle or other conveyance
shall be liable to an Operator or an authorised person for the
costs incurred in clamping, removing and storing it provided
that there is in that area a notice advising that any vehicle
parked contrary to these Byelaws may be clamped, removed
and stored by an Operator or an authorised person and that
12
the costs incurred by an Operator or an authorised person for
this may be recovered from the vehicle’s owner.
(iv) The power of clamping and removal provided in Byelaw
14(4)(ii) above shall not be exercisable in any area where
passenger parking is permitted unless there is on display in
that area a notice advising that any vehicle parked contrary to
these Byelaws may be clamped and/or removed by an
Operator or an authorised person.
Don't tell them who the owner is then. They have no way of finding out if you don't tell them.0 -
Just looked up the Railway Byelaws again via the gov.co.uk website - clearly states the vehicle owner is liable.
.
Saba like to say “the owner may be liable; therefore he is”. This is devoid of any logical reasoning.
Clearly it’s ridiculous to presume the owner is liable in all circumstances- what about if the car was stolen at the time, or on hire? Or if the driver has already been prosecuted? So you can ask them: “ in what circumstances do you claim the owner is liable? Please direct me to the statutory provisions upon which you rely. ”
You can also ask them to state where in the Byelaws the train operating company is expressly granted the power to impose its own private penalties. (Answer: nowhere. They don’t have the power)0 -
Update.
Today is my last day to appeal via POPLA. So I emailed Saba on Thursday requesting the 10 digit POPLA code.
Saba respond tonight at 10.15pm stating that ITAL / asparking is the equivalent of POPLA, however, as POPLA do not service all of our contracts. If you wish to further appeal this matter, please submit all further correspondences to asparking.com.
This is an absolute joke. Should I go back to Saba and state that POPLA are responsible for Railway Byelaws??0
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