SABA Railway penalty notice appeal POPLA

Cobbler1969

Apologies I have searched and cannot find the answer. My local railway station has ANPR and I use the Glide app - now trust - to register my car and pay my parking automatically. Unbeknown to me my card expired so two stays in December did not go through. I received no notification that payment had t been taken or my session wasn’t registered. No notification from the app at all. Admittedly I didn’t receive the notification the charge had been made but I didn’t notice. I appealed to SABA as advised to however this was rejected and now they have advised I cannot appeal with the ombudsman only through the appeals service 

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an

alternative dispute resolution service that would be competent to deal with your appeal. However, we have not

chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you

must do so to the Appeals Service, as explained above.

I feel really frustrated as I clearly had no intention not to pay and feel unfair I cannot appeal to the ombudsman. Sadly I didn’t receive not look for advice and blindly believed my appeal would come good given the circumstances so submitted all my details. 

If I go to appeal service I lose my right to pay 2 x £60 rather than 2 x £100. Any advice would be really helpful. 

KeithP

Cobbler1969 said:

If I go to appeal service I lose my right to pay 2 x £60 rather than 2 x £100. Any advice would be really helpful. 

But you retain your right to pay nothing.   

You mention 'penalty' in the thread title.
As we are discussing a Railway Byelaws case here, be cheered by the fact that this will never even reach a court.

Coupon-mad

Just ignore it. You need to read more railway parking threads. Nobody pays.

LDast

They are fake Penalty Notices. They are "offered contracts" which no one is under any legal obligation to accept. In short, they are offering you the opportunity to bribe SABA not to initiate a private criminal prosecution. In other words, they are attempting to extort money from you.

If you do nothing more, nothing will come of it apart from a load of useless debt collector letters. SABA will not initiate a private criminal prosecution because, even if they were to try and win, they would not receive a penny as any fine would go to the public purse.

I will bet you £100 that their contract with the TOC does not actually permit them to issue Penalty Notices under railway bylaw 24(1). Under which subsection of railway bylaw are they saying they will prosecute you? Another bet... they don't.

Stop worrying and get on with your life. Nothing whatsoever will come of these PNs because they are not real and simply use unlawful language in an attempt to get the low-hanging fruit on the gullible tree to bribe them to make their threat go away.