SABA Paymyparkingcharge - Cannot appeal online due to “driver required”

turtle55

Hello,

Sorry for reposting, my initial picture contained reference numbers (I’ve reported it to be taken down).

I’ve scoured the threads for info on how to best proceed with this but unfortunately cannot find what I’m looking for.

I received the below notice to hirer (with no other documents contained). You can also see that the amounts to pay are not included - highlighting further incompetence. I don’t know if it’s worth mentioning in the appeal or not.

I intended to appeal with the below statement:

I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

XXXXXXXXXX

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA). Now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), SABA Park Services has no reason to contact XXXX again regarding this PCN.

There will be no admissions as to who was driving and I am not legally obliged to do so. No assumptions can be drawn. 

Here is where I stand:

Firstly, your notice to hirer does not comply with POFA 2012, namely Paragraph 14(2).

“(2) The conditions are that —

(a) The creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;”

As stated in paragraph 13(2) of POFA 2012...

"The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a) A statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b) A copy of the hire agreement; and

(c) A copy of a statement of liability signed by the hirer under that hire agreement.”

When sending the notice to hirer, you have failed to include the notice to keeper and other documents stated in POFA paragraph 13(2). Therefore you cannot rely on the provisions of POFA and hold me liable as hirer. The matter should now be closed given POFA has not been complied with by SABA Park Services.

In addition to the above, there should have been a necessary consideration period for the driver to review and understand the signs, however, the period of parking is not stated. 

As you can see by your own photo evidence, the signage is not clear at all and the terms are barely legible at such a small size. 

You must either please cancel the charge or offer me a POPLA code.”

I attempted to submit the appeal online but was unable to due to a drop down menu asking if I was the driver: yes or no.

My understanding is that this is against the DVLA guidelines?

So, my question is do I just select no? Do I appeal in writing? Do I just ignore this and wait for more letters? Or is there another option I haven’t considered?

Any help is appreciated and apologies if I’ve missed a thread where this has already been answered.

Thanks :)

Coupon-mad

Either:

• tick 'no'

or

• Send the appeal via their complaints email instead.

Do it tonight.

Can you show us a screenshot picture of the appeals question and confirm that you cannot leave it blank? I want to show the MHCLG.

turtle55

Apologies for the delayed reply

Okay thank you, I’ll do it now

Here’s the screenshot:

Coupon-mad

Tick no then.

turtle55

Thanks,

I went to appeal via the complaints email but that’s not a possibility anyway because they say appeals won’t be accepted but regardless of that, the location isn’t even recognised..

I’ll just tick no, thanks for your advice I really appreciate it

turtle55

I received this email today in response to my appeal.

Not really sure what to do but obviously I’m not paying them anything. Can they even enforce this without knowing who the driver is?

Also, I’ve been informed that the charge was unable to be appealed at the initial stage as the reference number wasn’t working when entered online.

Any help is always appreciated, thank you :)

Coupon-mad

ZZPS are appalling.

That young kid Emma should get a real job. Shameful response!

Here, ZZPS are telling a registered keeper that they are not allowed to appeal because the driver already had that chance! What the actual…?!

ZZPS also added £27 'admin fee' to the NTK shown above, despite the fact that this is NOT an escalation stage. It's the first notice the keeper gets and Schedule 4 bans recovery of any sum higher than the parking charge and bans "double recovery" (which any false 'admin fee' is).

You can't add money to a NTK!

ZZPS need a DVLA ban IMHO.

I hope they'll find themselves among the first to fall and be permanently banned by the new statutory Code & framework when it starts, because in our experience, the evidence of their lies to consumers knows no bounds.

Hardly a surprise with Gary Osner (Roxburghe) and Scott Wilson's (Wonga) reported "unfit firms" backgrounds.

• Scott Wilson, erstwhile Head of Legal at disgraced Wonga who were investigated by the FCA, OFT and MET Police before they folded:

https://www.fca.org.uk/news/press-releases/wonga-pay-redress-unfair-debt-collection-practices

and

• Gary Osner, who infamously ran Roxburghe UK, whose company DRA licence was revoked by the OFT, due to what the FCA called 'the underlying facts' from the OFT consumer drive investigation (where Roxburghe was found 'unfit' but that finding was quashed … neither proven nor unproven … and they folded) after which Osner dusted himself off and phoenixed into ZZPS, which of course escapes all FCA scrutiny!

https://www.fca.org.uk/news/statements/fca-reaches-agreement-hfo-services-limited-roxburghe-uk-limited-and-hfo-capital

Castle

The OP's first post is actually showing a Notice to Hirer, not a NTK.

turtle55

Completely agree Coupon Mad

Do you have any advice on what next steps to take please? Because as you say they’re not even following the rules set out for them…

Coupon-mad

Aren't you planning on doing the same as shown in the Azure thread I signposted & linked you to?

turtle55

Apologies, I can’t seem to be able to see a link anywhere in your response apart from the ones for the FCA. Is this the thread you’re referring to?

https://forums.moneysavingexpert.com/discussion/6658000/azure-parking-update