Saba Parking PCN notice served at Railway Station

waamo

Coupon-mad wrote: »

OMG do not try this appeal stage, we do make that clear in all SABA threads.

Too late they already have. :mad:

thescot82

waamo wrote: »

Too late they already have. :mad:

Yep, too late! D'oh!

Anyone know if there has been a successful appeal via ITAL / asparking.co.uk? Surely they can't all be rejected.

What happens next as part of the official process? Letter stating appeal rejected, please pay the full penalty charge within x days? If not paid, debt collectors come in? And failing that, risk of prosecution?

Worth flagging to the local MP if I've already made an appeals to ITAL?

waamo

thescot82 wrote: »

Yep, too late! D'oh!

Anyone know if there has been a successful appeal via ITAL / asparking.co.uk? Surely they can't all be rejected.

What happens next as part of the official process? Letter stating appeal rejected, please pay the full penalty charge within x days? If not paid, debt collectors come in? And failing that, risk of prosecution?

Worth flagging to the local MP if I've already made an appeals to ITAL?

Don't contact your local MP until the 6 months are up. I've tried to make it as clear as I can but to reiterate no communication with anybody except this forum for 6 months. Check with us first.

We haven't heard of a successful appeal yet. You will get a formal rejection then threatening letters.

If you get a court claim you will need to respond so check here first. Please don't send anything without checking first.

Handbags-at-dawn

Sadly, you missed the one appeal point that might have got you through: that you were not the owner.

AS make up their own laws, but this little gem, in answer to the FAQ "Who is liable for a penalty charge?" would have helped you:
"The Byelaws 14(4) state that it is the owner of a vehicle that may be liable for a Penalty. The Appeals Service position is that the owner will be presumed to be the registered keeper, unless it is proven otherwise and/or legal precedent is established that amends our position. If the owner was not the driver, the owner may still be liable for the Penalty."
They don't hold the driver liable for Saba's penalties - only the owner. The web page is here: https://www.asparking.co.uk/Faq
So proof of non-ownership would/should have done the trick.

It's worth noting that Saba (via their agents ZZPS) sometimes send out letters saying they have no cause of action against the driver - only the owner. Moreover, POPLA used to allow all appeals where the PPC provided no proof of ownership (the DVLA registration document is NOT proof of ownership, and there is no presumption in law that the RK is the owner). Hence AS have made up their own version of the law, wrongly placing the burden of proof on the RK to prove he'e not to owner. You would have been lucky enough to be able to do so.

Oh well.

thescot82

Update.

Back from a weeks holiday and awaiting me when I get home is a letter from ZZPS seeking £170 (£100 penalty fee, plus £70 admin fee). The letter is dated July 22nd, despite the continuation of the appeals process via asparking.

Redx

Yep, only to be expected in your saga, with or without any second stage appeal

Hence why you were told to string it out past 6 months, which you ignored and foolishly tried the ASparking appeal route

Hopefully you will know better next time and be more cagey about dealing with these fools

thescot82

thescot82 wrote: »

Update.

Back from a weeks holiday and awaiting me when I get home is a letter from ZZPS seeking £170 (£100 penalty fee, plus £70 admin fee). The letter is dated July 22nd, despite the continuation of the appeals process via asparking.

UPDATE
No communication with anyone since receiving the ZZPS letter.

Email now received from Saba with an update regarding the ITAL appeals service.

Upon review, Saba have decided to accept the appeal as a first time offence and warning. Then some spiel about making sure to park in the correct car park in future etc before saying the case concerned has been closed and I am no longer liable for this penalty notice.

Happy days! :j:j:j

waamo

Complain to the BPA that you had debt collectors letters while an appeal was ongoing.

I suspect they realised that and have cancelled to avoid sanction points if you complained.

MMD

apologies if incorrect to post here but queries relate to a similar situation this time in King's Lynn Railway Station. SABA running parking there for last year. Paying for ticket at a machine I entered VRN incorrectly on 2 occasions having recently changed my car but otherwise all in order. I received one penalty notice by post for one date, and never received one for the other but received a ZZPS debt collection as the first correspondence. I appealed both but both were declined despite enclosing copy of parking ticket and receipts They failed to give POPLA reference no for POPLA appeal but I wrote to POPLA but they denied my appeal on the basis that debt enforcement had already been issued. I had informed SABA that I was going to POPLA and requested appeal numbers which they refused and I also complained of this to POPLA and was ignored. All correspondence was sent quickly so no grounds of delay.
Any advice other than continuing to ignore debt collection letters/ping pong as recommended?

waamo

MMD wrote: »

apologies if incorrect to post here but queries relate to a similar situation this time in King's Lynn Railway Station. SABA running parking there for last year. Paying for ticket at a machine I entered VRN incorrectly on 2 occasions having recently changed my car but otherwise all in order. I received one penalty notice by post for one date, and never received one for the other but received a ZZPS debt collection as the first correspondence. I appealed both but both were declined despite enclosing copy of parking ticket and receipts They failed to give POPLA reference no for POPLA appeal but I wrote to POPLA but they denied my appeal on the basis that debt enforcement had already been issued. I had informed SABA that I was going to POPLA and requested appeal numbers which they refused and I also complained of this to POPLA and was ignored. All correspondence was sent quickly so no grounds of delay.
Any advice other than continuing to ignore debt collection letters/ping pong as recommended?

Ping pong is the current advice. If you need further advice please start your own thread