3 parking Parking Fines - Railway Car Park + ANPR [auto-renew subscription failure]

Rob_tt

Hi all,

I’m looking for some advice regarding a 3 Penalty Charges I’ve received at my local Train Station (via ANPR).

• Operator: SABA Park Services (via ZZPS)
• Alleged Breach: Failing to obtain a valid ticket/cashless parking session

 

Background:
I am a long-standing monthly permit holder at this car park. My permit was set up with auto-renew (started 26th June 2025). I did not receive any notification that my renewal failed (checked with bank – no issues, checked with SABA parking and they saw it had not auto-renewed). As a result, I continued to park under the genuine belief that my permit was valid.

I’ve since received 3 PCNs, all caused by the same issue.

As soon as I became aware of the problem (after receiving the first notice), I immediately checked and reinstated my monthly permit and ensured auto-renew was active again.

What I’ve done so far:

• Appealed directly to the Parking Admin Centre (ZZPS) explaining the auto-renew failure.
• Appeal was rejected on the basis that “it’s the driver’s responsibility to ensure a valid permit is in place.”
• They did not dispute that I had auto-renew set up, only that they place the burden entirely on the motorist.

Other relevant points:

• I have a history of consistent monthly payments.
• I’ve had previous issues with the SABA app not working, meaning I’ve sometimes had to use other platforms to pay.
• I have searched my inbox, junk, and spam folders for any failed payment notifications — none were received.

Next step:
I’m now at the stage of appealing to The Appeals Service (AS) and want to make sure my case is framed as strongly as possible. My argument is essentially that this was a system failure + lack of notification, not non-payment, and that the BPA Code of Practice requires fairness and proportionality in such cases.

Questions:

1. Has anyone had success appealing SABA/ZZPS Penalty Notices to The Appeals Service on similar grounds?
2. Is there any case law, BPA guidance, or template wording I should include to strengthen the “legitimate expectation / fairness” angle?

 

Thanks in advance for your help!

DE_612183

you are better off appealing as the Keeper of the vehicle and not disclosing who was driving - have you read the newbies thread about railway car parks and relevant land?

you are hoping that the operator has some sense of fair play rather than being a money grapping parasite.

Coupon-mad

Appealing on that basis is likely to be futile but nobody pays SABA or ZZPS. Isn't it POPLA not the IAS as SABA are BPA? 

Rob_tt

Coupon-mad said:

Appealing on that basis is likely to be futile but nobody pays SABA or ZZPS. Isn't it POPLA not the IAS as SABA are BPA? 

ok, so are you saying I just ignore this now after first appealing? 
No mention of POPLA to appeal to only "You have now reached the end of the internal appeals procedure. Should you remain dissatisfied with this decision, you may further your appeal to The Appeals Service, within 28 days of this notice of rejection, details of which are available at www.asparking.co.uk". 

Coupon-mad

https://www.asparking.co.uk/

What the HECK?!

They are using a THIRD APPEALS SERVICE that the government don't know about? Whaaaat?

Looks like they are trying to sidestep the current and future Codes of Practice entirely. SABA will be able to make it up as they go along,

The MHCLG's rules in their new Code won't apply to railway parking 'Penalty Notices' then and I don't think anyone has told them.

Who is behind this hybrid thing:

ChirpyChicken

@Coupon-mad this service has been around for quite a while
Northern Rail and most other railway operators use them for Penalty notices issued directly by the railway company
They are actually not a bad outfit 

Coupon-mad

Coupon-mad said:

https://www.asparking.co.uk/

What the HECK?!

They are using a THIRD APPEALS SERVICE that the government don't know about? Whaaaat?

Looks like they are trying to sidestep the current and future Codes of Practice entirely. SABA will be able to make it up as they go along,

The MHCLG's rules in their new Code won't apply to railway parking 'Penalty Notices' then and I don't think anyone has told them.

Who is behind this hybrid thing:

ChirpyChicken said:

@Coupon-mad i have used that service for dealing with Penalty fares for people

Penalty fares yes.

But all off-street parking in England, Scotland & Wales is supposed to come under the MHCLG umbrella and rules.

ChirpyChicken

Coupon-mad said:

Coupon-mad said:

https://www.asparking.co.uk/

What the HECK?!

They are using a THIRD APPEALS SERVICE that the government don't know about? Whaaaat?

Looks like they are trying to sidestep the current and future Codes of Practice entirely. SABA will be able to make it up as they go along,

The MHCLG's rules in their new Code won't apply to railway parking 'Penalty Notices' then and I don't think anyone has told them.

Who is behind this hybrid thing:

ChirpyChicken said:

@Coupon-mad i have used that service for dealing with Penalty fares for people

Penalty fares yes.

But all off-street parking in England, Scotland & Wales is supposed to come under the MHCLG umbrella and rules.

Sorry ive edited my reply, i mixed it up with the Penalty appeals service 

@Coupon-mad this service has been around for quite a while
Northern Rail and most other railway operators use them for Penalty notices issued directly by the railway company. Also process appeals for the likes of Nexus the metro operator in Newcastle / Tyneside etc 
They are actually not a bad outfit 

The likes of Northern issue quite a few PCNS!

I am surprised people have not come across this setup to be fair

Coupon-mad

Coupon-mad said:

https://www.asparking.co.uk/

What the HECK?!

They are using a THIRD APPEALS SERVICE that the government don't know about? Whaaaat?

Looks like they are trying to sidestep the current and future Codes of Practice entirely. SABA will be able to make it up as they go along,

The MHCLG's rules in their new Code won't apply to railway parking 'Penalty Notices' then and I don't think anyone has told them.

Who is behind this hybrid thing:

ChirpyChicken said:

@Coupon-mad i have used that service for dealing with Penalty fares for people

Penalty fares yes.

But all off-street parking in England, Scotland & Wales is supposed to come under the MHCLG umbrella and rules.

ChirpyChicken said:

Sorry ive edited my reply, i mixed it up with the Penalty appeals service 

@Coupon-mad this service has been around for quite a while
Northern Rail and most other railway operators use them for Penalty notices issued directly by the railway company. Also process appeals for the likes of Nexus the metro operator in Newcastle / Tyneside etc 
They are actually not a bad outfit 

The likes of Northern issue quite a few PCNS!

I am surprised people have not come across this setup to be fair

I get all that. I can see it is an established website. In the back of my mind I think I remember Northern Rail using this process.

But this is not a TOC doing it themselves, this is a notorious BPA AOS member PPC issuing a charge (no matter what they call the charge) on managed land.

Remember, we've seen these SABA PNs morph into county court claims before, with Askews acting for SABA and probably achieving some juicy four figure default CCJs (undefended cases) by pretending that Penalty Notices can be pursued years later as a moneyclaim and aren't statute barred:

https://forums.moneysavingexpert.com/discussion/comment/80478803/#Comment_80478803

Even though it was headed as a 'Penalty Notice' issued under byelaws I believe the MHCLG think it would fall under their remit and code. I think it does, too.

The MHCLG only know and are asking questions about the IAS and POPLA. Nobody has told them about this third wheel that also carries the BPA corporate logo.

Look at the 'scope' of the draft Code and Consultation. The clear intention and belief coming from the government is that their Code will only exclude Local Authority land.

Timely evidence!

I'll include this in the suggested rationale to support answers to the PUBLIC CONSULTATION questions about appeals services. We need to alert the MHCLG that the BPA has apparently hidden this business model from the government which would see some managed land fall outside of the statutory code.

This supports calls for a SINGLE APPEALS SERVICE to prevent alternatives being used behind everyone's back,

Rob_tt

Coupon-mad said:

https://www.asparking.co.uk/

What the HECK?!

They are using a THIRD APPEALS SERVICE that the government don't know about? Whaaaat?

Looks like they are trying to sidestep the current and future Codes of Practice entirely. SABA will be able to make it up as they go along,

The MHCLG's rules in their new Code won't apply to railway parking 'Penalty Notices' then and I don't think anyone has told them.

Who is behind this hybrid thing:

Thanks for clarifying 

Because I have already appealed and admitted being the driver (on all 3 charges) I lose the easy “keeper liability doesn’t apply on railway land” defence. That said, I still have strong grounds, because my case isn’t about willful non-payment — it’s about a system failure with no notice.

So I this is where I stand now?

✅ I have disclosed I was the driver → they don’t have to prove that part anymore.

✅ I atcted in good faith with an ongoing permit, auto-renew in place, and no notification of failure.

✅ I reinstated as soon as I was aware.

⚠️ The operator will argue “driver is responsible for having a valid permit.”

⚠️ I am now at TAS appeal stage — last chance before debt collector / potential solicitor escalation.

What I need to to Next

File the TAS appeal using the arguments above.

Submit supporting evidence:

• Screenshots showing auto-renew set up.

• Bank statement showing no failed payment.

• Copy of your new reinstated permit.

Ask TAS to apply fairness and common sense given your long payment history and prompt rectification.

If TAS rejected:

• I will get letters from ZZPS / “debt recovery” → these can be safely ignored (they have no legal powers).

• The only thing to watch for is a Letter Before Claim from solicitors (Askews are known to act for SABA).

• Even then, I'd have a good defence in small claims based on fairness + consumer protection law.

ChirpyChicken

you have summarised it well
With reference to your last point. The only place this can go is the magistrates court.  In addition it times out after 6 months.  The county court is not the right venue for such an action and would be an abuse of process.