Saba parking notice: I’m past the 6 month mark and they are still pursuing me? Now what? 14 January 2020 at 7:45PM edited 30 November -1 at 12:00AM in Parking Tickets, Fines & Parking 12 replies 380 views

usernamewasnottaken

Firstly, a big thanks to frequent posters for all the advice in these forums. They have been very helpful.

So... I have been in a back and forth battle with Saba over a parking charge since June 2019. I lost and IAS appeal in December. Having followed the advice here, I was able to delay things so long that 1 day after losing my appeal I hit the 6 month mark.

I have read frequently that a charge ‘times out after 6 months’ or there is a ‘6 month deadline’ for them to escalate this to the courts.

I did not intend on paying after the appeal. I did fully expect that they would come back at me after the 28 day appeal payment window elapse. Which they have. It’s been nearly 7 months since the penalty and the keeper is again receiving letters from zzps with the wording:

‘Please do not ignore this letter. A breach of railway byelaws is a criminal offence and can be pursued by means of a private criminal prosecution in the magistrates court if this debt is not cleared.’

So what do I do now (besides the frequent advice to ignore)? What do I write/ how do I respond to them in order to put this to an end and stop the harassment? Are there rules or rulings that can be referenced in my response? Or will they pursue this in the magistrates?

Thanks in advance.

waamo

Write to them and tell them to stop contacting you as the 6 months are up. They usually do.

twhitehousescat

invite zzps to take you to court

beamerguy

waamo wrote: »

Write to them and tell them to stop contacting you as the 6 months are up. They usually do.

Saba are pretty thick, WARN THEM ABOUT FUTURE HARASSMENT

ZZPS are the joke of the century still floating in and around the sewers. You have heard of fatbergs ?? all part of the same family

Coupon-mad

Report them to the BPA, to Steve Clark and Gemma Dorans (search the forum!).

The_Slithy_Tove

usernamewasnottaken wrote: »

I have read frequently that a charge ‘times out after 6 months’ or there is a ‘6 month deadline’ for them to escalate this to the courts.

... receiving letters from zzps with the wording:

‘Please do not ignore this letter. A breach of railway byelaws is a criminal offence and can be pursued by means of a private criminal prosecution in the magistrates court if this debt is not cleared.’

After six months, sometimes what was clearly and unequivocally (according to the PPC) a Penalty Charge (for Byelways) suddenly becomes a contractural charge, so they keep pursuing. If they flip-flop like that and take it to court, a judge might be interested in their somewhat ambiguous position.

The_Deep

You are in the driving seat here, whichever way you choose will be the right one.

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

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.[/FONT]

nosferatu1001

Tell them to FRO and cease harassing you over an alleged offence that cannot be prosecuted any longer, and for a supposed "debt" that never existed as you simply rejected their offer, and no contract (to pay) was formed and so no debt can accrue

If they disagree you invite their principal to take you to court within 14 days, where you will have great pleasure in winning and submitting a suitably large costs bill, plus a claim (in the county court) against their principal for the now proven harassment.

Half_way

what did they call this originally?
1: a parking charge notice
or
2: A penalty charge notice (usually mentioning by laws)

usernamewasnottaken

Many thanks for the responses so far.

@Half_way It was a penalty charge, referencing byelaw 14

@nosferatu1001, @TWHITEHOUSESCAT I'd like to avoid challenging them to take me to court / me threaten to take them to court. Would rather this just go away...

@waamo thanks. Are there any examples of what exactly to write that might be effective?

@Coupon-mad Would I report ZZPS or Saba to the BPA in this instance?

As for this '6 month deadline' that keeps getting referenced. Am I right in thinking that only the train company can escalate this to the magistrates, and their window to do so was 6 months from the penalty being issued so it has now elapsed? Or is ZZPS / Saba still able to remedy this through a county court process?

twhitehousescat

Am I right in thinking that only the train company can escalate this to the magistrates, and their window to do so was 6 months from the penalty being issued so it has now elapsed?

correct


Or is ZZPS / Saba still able to remedy this through a county court process?

how ? it was never a parking notice, it was a penalty charge (see above)



Would I report ZZPS or Saba to the BPA in this instance?


both of them as they are both BPA members