Saba and the Magistrates Court

madasheck

Newbie here, and thank you for all the fab intro stuff you've written, it's great. 
In a nutshell, I parked at Milton Keynes station in a Saba controlled area, but used a competitor's machine, which I didn't realise at the time. The machine was on Saba's 'land', was the closest to the bay by far (I didn't actually see any Saba signage or pay machine), and, after closer inspection, it had a sign at the very bottom of the machine, about A5 size, saying that the machine was for Napier's car park directly behind Saba's. Got all the relevant photos. Got back to a PCN on my window screen, got home, fuming, and appealed immediately (newbie error no.1), disclosed that I was the driver whilst my husband was the keeper (error no.2) but denied there was any debt.
Didn't seem to have a response to my appeal, next I knew I got a NtK from Saba. I emailed them saying I hadn't had a response to my earlier appeal, which they re-sent, but they commented I'd used a different email address,which I hadn't. Emailed them again, they said that no further appeal was allowed. Anyway, fast forward 4 weeks and I get a letter from ZZPS, which I responded to telling them to shove it, (nicely, ish) as I (or hubby) denied the debt, and sent them the pics etc again. Just today got their second letter. Now I know from reading the newbie FAQs that the best form of defence is to string this out until it is statute barred, which will be end of August. So, my questions are thus:
 - from experience, how likely do you think Saba are to go after me for an MCOL or private prosecution in the Mags given that I had paid, albeit to another operator, due to inadequate signage, for which I have proof. Personally, I would absolutely love to take these fraudsters to court but my husband is the RK, and is very risk averse and likely to say 'just pay it', which makes me feel more than a little bit sick.
 - Does the 6 month period apply regardless of who's chasing the debt, i.e. whether or not it's still with Saba or if it's been passed to ZZPS
 - Does the 6 month limit relate to the date court proceedings are brought, or when they are heard. In this Covid period, there's very very little chance of them getting anything heard by the end of August, especially if I do the usual requests - SAR etc etc.
Anything else I should do?
thanks!

Redx

Put some paragraphs in so we can read it

If any court case happens , unless the keeper named the driver , then it will be the keeper going to court , not you

So there will be no chance of you being pursued if the vehicle is registered to your husband

However , if you received a notice to driver (not NTK) and if zzps and Saba are chasing you then it's possible that you may be taken to court

The alleged debt does not disappear , but can be statute barred in which case cannot be legally enforced

Half_way

Its hard to read your message, as it appears as a big wall of text, but in short:

 If they a\re calling it a penalty charge notice, and using byelaws as an excuse to chase then they have 6 months

If they are calling it a parking charge notice and using so called civil recovery ( that any tom !!!!!! or harry such as yourself, myself or anyone else could use) then they have 6 years

 They can not chop and change between the two to suit themselves, its either one thing or another

madasheck

Thanks - I did put paras in but he formatting went weird. 

madasheck

Half_way said:

Its hard to read your message, as it appears as a big wall of text, but in short:

 If they a\re calling it a penalty charge notice, and using byelaws as an excuse to chase then they have 6 months

If they are calling it a parking charge notice and using so called civil recovery ( that any tom !!!!!! or harry such as yourself, myself or anyone else could use) then they have 6 years

 They can not chop and change between the two to suit themselves, its either one thing or another

Their first letter specifically mentions Byelaw 14, so I'm guessing that's 6 months then. Yes, apologies for the text, not sure if my browser likes this site!

Half_way

One of the key things is not to identify the driver, especially with cases such as this, i would even go as far as to avoid using any phrases such as I/He/ Sister/Brother/She/Husband/Wife/Son/Daughter/uncle/aunt/nephew etc, and even friend/mate

As mentioned keep asking the questions,  as you will need some information from them

[quote]FAQs that the best form of defence is to string this out until it is statute barred, which will be end of August[/quote]

Should be easy to do, and once into September, if they are still chasing you can tell them to stop and remove your data in accordance with GDPR As they will no longer have a just cause to keep/ process it - doing that will send a message that you are serious, and keep a few useful options open to you should the continue to harass you

Coupon-mad

 - from experience, how likely do you think Saba are to go after me for an MCOL or private prosecution in the Mags given that I had paid, albeit to another operator, due to inadequate signage, for which I have proof. Personally, I would absolutely love to take these fraudsters to court but my husband is the RK, and is very risk averse and likely to say 'just pay it', which makes me feel more than a little bit sick.

Almost unheard of.  A MINUSCULE chance!  I only know of one, for multiple PCNs I seem to recall, and the person paid due to Mags Court being (allegedly) biased towards the Train Operating Co. (TOC).  Neither SABA nor ZZPS can take a case to Mags court, only the TOC.  Highly, highly unlikely and we've seen shedloads.  You could pay it off if the TOC laid it before Magistrates, and it would have no effect.  So for now, string it out with slow replies once every 6 weeks or so, asking a question.

 - Does the 6 month period apply regardless of who's chasing the debt, i.e. whether or not it's still with Saba or if it's been passed to ZZPS

Yes.  But it applied to the TOC only.  The others are just worthless letter writers.

 - Does the 6 month limit relate to the date court proceedings are brought, or when they are heard. 

It has to be 'laid before Magistrates' by the TOC within 6 months of the event.  i.e. proceedings started.