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To AS or not to AS

I have had a complex problem with SABA and 2 railway station parking Penalty Notices issued because I entered my VRN incorrectly by one digit -their machine has a keyboard which is quite difficult to use. I appealed with proof that I had paid for the tickets, but was rejected - but no reference number for a further appeal was given; I continue to have notices from ZZPS. I sent a written complaint to POPLA as I was under the impression that they dealt with SABA and on the first occasion they replied and said that as the PCN had been passed to debt collection they were unable to assist (not mentioning that in fact they could not assist at all - date 8/8/19. I sent a further letter with much more detail and a timeline referring to their annual report 2018 stating that its operators considered cancelling Parking Charge Notices where it was clear that the parking charge had been caused by a simple keying error and that SABA had refused to provide reference numbers for an appeal. POPLA then wrote back and said I should have appealed by a different route 23/8/19. SABA s website states that AS should be used but this wasn't obvious from SABA or ZZPS correspondence, nor was a reference number supplied for an appeal.
I am wondering whether for completeness it is best to write to AS anyway and use the same grounds as the POPLA appeal no 2 with the reference to the 2018 annual report. All advice appreciated. I am continue to ignore ZZPS.

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    When you asked last time...
    MMD wrote: »
    Any advice other than continuing to ignore debt collection letters/ping pong as recommended?
    The suggestion was...
    waamo wrote: »
    Ping pong is the current advice.
    That guidance hasn't changed.

    My understanding is that one cannot appeal to AS without disclosing the driver's details. To do that will leave the driver open to prosecution.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    What was wrong with the answers in your original thread?
  • MMD
    MMD Posts: 3 Newbie
    edited 1 September 2019 at 10:27PM
    I wasn't aware that I was incorrect in appealing to POPLA and now need to decide whether to appeal to AS or not which is my question now. Does it make a difference that AS have the keeper/driver's details as well as the details being known to SABA and ZZPS? I was not aware of the importance of not making the details available as I had not looked at the MSE forum when I originally appealed against the PCNs.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 September 2019 at 11:20PM
    It is simple - do not give the driver's details to AS.

    If you feel you must appeal to AS, then the driver should expect a criminal prosecution in a Magistrates Court.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Have you appealed to AS? If you have then all you can do is wait and see if they prosecute. It's highly unlikely but has happened.

    If you haven't then play mail ping pong with SABA until it times out.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I have had a complex problem with SABA and 2 railway station parking Penalty Notices issued because I entered my VRN incorrectly by one digit -their machine

    I very much doubt if this so called offence is contained in the bye-laws.

    If this went to court, I am sure the judge/Magistrate would consider it de minimis.

    https://en.wikipedia.org/wiki/De_minimis

    Nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,712 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I entered my VRN incorrectly by one digit -their machine has a keyboard which is quite difficult to use. I appealed with proof that I had paid for the tickets, but was rejected
    Complain to Steve Clark of the BPA. The BPA warned its operators that they should not be attempting to penalise motorists for such de minimis errors as mistyping one digit.

    Send him copies of the paperwork you've exchanged with SABA and copies of proof of paying for the parking.

    steve.c@britishparking.co.uk
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Fruitcake
    Fruitcake Posts: 59,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you asked SABA for your ticket money back?

    Have you asked what they have done with your money?

    Have you considered sending them an LBC because they have taken your money but not offered anything in exchange?

    Have you complained to your MP yet about this unregulated scam?
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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