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Saba Parking ticket (Not Railway station)

Morning All

A ticket was issue when the car was parked with a blue badge on a double yellow on a street that the driver thought was a normal street maintained by local authority. It turns out it’s private land with parking enforced by Saba Parking. The driver went to the cinema and when they came back found a windscreen ticket. My car is leased so I’d rather appeal before they contact my lease company who’ll pass on my details but will charge me admin for the pleasure!

I have read the newbies thread and am confused as it seems there’s some ambiguity with regards to Saba/blue badge/lease vehicles. All the threads related to Saba I have found relate to railway stations and byelaws. This isn’t the case with regards to my situation as it was a street albeit private. So I am not sure what process to follow. They also maintain the multi storey car park within the area for the cinema etc. 

I am also not sure which template to use? Either the standard blue one or the one mentioned in the leased car links?

any help would be much appreciated.

The ticket was issued at West India Quay/Hertsmere Road, London
«1

Comments

  • Fruitcake
    Fruitcake Posts: 59,425 Forumite
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    edited 26 September 2020 at 9:29AM
    See what others say, but I suggest you use one of the edna basher template appeal letters for hire/lease cars. There are three in the NEWBIES, but one is for fleet managers so you will want to use one of the other two.

    You are right to send the appeal before the scammers get keeper details and send a NTK to the hire/lease company, but I suggest you tell them once you have sent the appeal off that you have appealed and they must not pay the charge on your behalf if they do receive a NTK.

    Get pics of the site and signage. They can't have been adequate if the driver thought they were parking on a public road.
    You could check with the council just to be sure it is private land as it wouldn't be the first time a scammer has issued a PCN on a public road.

    Complain to your MP and please help us all by commenting on the draft mandatory code of practice that the government has put out for consultation.

    Links coming up in a mo.




    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
  • Fruitcake
    Fruitcake Posts: 59,425 Forumite
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    The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

    You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

    https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

    You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

    At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

    And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

    Please be heard.  You can bet the hundreds of PPCs will be commenting.
    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
  • Umkomaas
    Umkomaas Posts: 42,946 Forumite
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    Go with the appropriate Edna Basher template. Send it to arrive around day 26. 

    Was the NtK marked 'Penalty' or 'Parking' Charge Notice?
    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
  • Jamran
    Jamran Posts: 110 Forumite
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    Umkomaas said:

    Go with the appropriate Edna Basher template. Send it to arrive around day 26. 

    Was the NtK marked 'Penalty' or 'Parking' Charge Notice?
    Here’s an image of the ticket itself. My vehicle is actually a BMW but put down Mercedes lol. 
  • Le_Kirk
    Le_Kirk Posts: 24,192 Forumite
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    Advice given by @Umkomaas still stands.
  • Fruitcake
    Fruitcake Posts: 59,425 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 September 2020 at 11:30AM
    Jamran said:
    Umkomaas said:

    Go with the appropriate Edna Basher template. Send it to arrive around day 26. 

    Was the NtK marked 'Penalty' or 'Parking' Charge Notice?
    Here’s an image of the ticket itself. My vehicle is actually a BMW but put down Mercedes lol. 
    It is widely believed that scamtendants deliberately put incorrect information on a NTD in the hope that the driver will 'phone up to correct the error and give away their identity in the process.
    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
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation., i

    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, and darfts have beenopened for publc consulatation,

    Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, under new legislation 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/



    Please also read these and have your say


    https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

    You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf


    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 42,946 Forumite
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    edited 26 September 2020 at 12:35PM
    The location of the parking event is a bit imprecise so I'd be checking with the local council as to whether road is adopted (and under statutory control). If that is the case Saba should not be issuing tickets on it. 

    I also think, should the above not be the case, and even if they issue an eventual NtK/H it will not be PoFA-compliant (notwithstanding the fact that Saba will screw up on hire documentation) as the NtK/H will not mirror the NtD (Merc v Beamer issue). 
    There's work to do OP, but there's nothing to lose sleep over. 
    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
  • Jamran
    Jamran Posts: 110 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 28 September 2020 at 3:28PM
    I have just appealed using one of the templates in the newbies as advised. Interestingly, in their appeal form online it asks if I was the driver. There’s a box that you check. If you state you aren’t it asks for the drivers details. I simply put in “NOT APPLICABLE” in every field. However, it’s quite sneaky on their part. They seem to have caught on to the fact that you don’t need to state who’s the driver so trying to catch people like that?
  • Le_Kirk
    Le_Kirk Posts: 24,192 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well known try on by most if not all parking companies on the on-line appeal.  Another one is when you tick keeper and, if you make any other changes to the page, it defaults to driver!
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