Parking Charge from Saba

panicpanda

Hello, let me confirm that I have gone through the newbies thread, especially the ones related to Saba, and has a fair understanding of how to proceed. Still, I thought of posting this here to confirm whether that approach is right or if there is any alternative to consider. 

Saba issued me with a NTK as the registered keeper for a parking offence that happened at a railway parking (which I can confirm has its own byelaws) around mid-August. The driver had parked there on the day but could not pay at the time of parking due to a technical glitch with the app, but then later paid the parking fee for the day over telephone when a stable connection was possible due to being on the train. Driver got the PCN stuck to the car window later that evening, which was issued before the telephone payment was made. Driver ignored the PCN as the payment for the day was already made and thought it would be good, but obviously was not the case as found out later when the registered keeper, received the NTK around mid-September -  still within the 28 days since receiving it, so still able to appeal. Driver has the proof of payment.

Plan of action is to appeal to POPLA, as advised in the NTK, as the registered keeper sating that the driver had no intention not to pay as is evident from the payment made later the same day (late by about 3 or 4 hours). Obviously no intention to reveal the drivers details. Expects this to be rejected but then can progress the case with the next letter from Saba or their collection agencies. 

Appreciate any advice either way on my approach above.

Happy to share the letter and or more details if needed.

Many thanks in advance for all help received.

Coupon-mad

It won't be rejected if the keeper appeals saying there can be no keeper liability. As per any other SABA railway PCN thread. Search the forum.

M0b3nAl

Hi,

Been following this very useful advice and now received my NK notice. Is there any value in stringing out my reply to run down the 6 month clock? If so, how long have I got?

Fruitcake

M0b3nAl said:

Hi,

Been following this very useful advice and now received my NK notice. Is there any value in stringing out my reply to run down the 6 month clock? If so, how long have I got?

I suggest you read the sticky Announcement for NEWBIES then start your own thread if you ned further help.

Plan A is always a complaint from the keeper to the landowner and the keeper's MP.

The regulars are going to need a lot more information if you want advice. For example, in which nation is the vehicle registered, what type of notification has been received, was this an alleged breach of bylaws, when and where did the alleged event occur.

Plan B is to appeal without revealing the driver's identity. 

panicpanda

Hello again, I am writing to seek clarification and assistance regarding a recent development in my case.

It has now been six months since the incident in question, and I have received a "Letter of Claim" from Moorside Legal following a series of letters and unanswered calls from both ZZPS and this legal firm.

The matter pertains to a car park adjacent to a railway station. However, I am uncertain whether railway byelaws apply to this specific location. An initial online search suggests that they may, but I am not entirely certain. Could you advise on the most reliable way to confirm this? I believe the land is owned by Network Rail, as it is situated just outside the station, but there is no explicit reference to this on the parking signage. Instead, the signage states that the area is "private property."

I understand from forum discussions that I must respond to the "Letter of Claim" within 30 days. However, the guidance provided advises against completing the response form and instead recommends contacting the legal firm via email. Unfortunately, the letter and the reply form do not include an email address for Moorside Legal. If anyone has previously responded to them via email, could you kindly confirm the appropriate email address I should use?

I appreciate any assistance you can provide.

Coupon-mad

Search the forum for Moorside legal email and you'll find not only the email but the reply others sent, AND the daft response ML send.

panicpanda

Thank you for the prompt response @Coupon-mad, much appreciated.

Help@moorsidelegal.co.uk - For anyone looking for the same. 

LDast

Moorside Legal should be reported in a formal complaint to the SRA. They such utter incompetents at that firm that is surprising that they are still allowed to operate.

Was the original Notice a Parking Charge Notice (PCN) for a contractual brach under civil law or a Penalty Notice (PN) for an alleged breach of Railway Bylaw 14? It was never made clear in your original post.

If ti was a PN, it is fake and if the morons at Moorside Legal are exposing themselves to not only ridicule but sanctions if they try to issue a civil clim for an alleged PN.

So, were you issued a PN or a PCN? There is a difference and you should be clear on that.

Coupon-mad

Did you lose at POPLA?

Show us the PN and Moorside's LBC.

panicpanda

Apologies for the delay in getting back.

I complained via "paymyparkingcharge" as per the NTK as keeper but they said I cannot appeal as keeper, only the driver can and so did not give me an option to appeal to POPLA.

I will attach the PCN and LBC below.

panicpanda

I'm having problem attaching the Moorside LBC (may be because file is too big.
I am not drafting a response based on the draft letter posted by @Coupon-mad here:
PCN notice not received, debt collection letter is first contact — MoneySavingExpert Forum