Saba Parking Charge Notice: Appealed

soulfella

I appealed a PCN in a Saba station car park citing POFA schedule 4 didn’t apply on railway land and stating that I wouldn’t be naming the driver and to cancel or issue a POPLA code. What I didn’t know about was an amendment to the Act that allows keeper liability on land previously under statutory control came into force on Boxing Day. They didn’t reject my appeal but came back with a response I wasn’t expecting.

My appeal was cobbled together by AI, which is where the outdated info came from.

I am the registered keeper of the vehicle.

This location is subject to statutory control and is therefore not “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012.

As such, you are unable to transfer liability to the registered keeper. I am under no obligation to identify the driver and will not be doing so.

Please cancel this Parking Charge Notice or issue a POPLA verification code.

No further correspondence will be entered into on this matter unless you provide confirmation of cancellation or the required appeal code.

Their response:

“Good morning,

Account reference:
Parking Charge:

Thank you for your correspondence, all comments have been noted to the account accordingly.

Please be advised, you have confirmed to not be the driver on the date of the contravention, as you have confirmed you were not driving, we request the driver to appeal directly.

Please have the driver appeal directly to this email address confirming their full name and their serviceable home address along with the basis of their appeal. Alternatively, you may provide the drivers full name and serviceable home address so that we may transfer the liability to them, this will then allow them a chance to appeal.
If you were the driver, please confirm your reasons for appealing the contravention of parking - Failing to obtain a valid ticket or cashless parking session.

We have held the matter for seven (7) days to allow you time to provide the requested information.”

Your thoughts would be appreciated.

Gr1pr

As You rightly mentioned, stations became relevant land on BOXING NIGHT 2025

Bad idea to get AI involved

Clearly they are phishing for the driver details, because it seems like the driver failed to pay, so what happened. ?

soulfella

https://forums.moneysavingexpert.com/discussion/comment/82009805#Comment_82009805

Nothing yet. I’m not sure how to respond. They haven’t disputed my assertions and incorrectly stated that I denied being the driver.

Gr1pr

So why was no payment made by the driver ?

Or

Was it made but for some reason they believe that it wasnt paid. ?

If they complied with POFA 2012, which they probably did since the recent law change only 5 months ago, then you need to come up with something that is relevant, because your previous appeal was doomed to failure from the get go

The law was changed in order to be able to transfer liability from the driver to the keeper for any alleged breach

soulfella

https://forums.moneysavingexpert.com/discussion/comment/82009865#Comment_82009865

The driver forgot to pay on that one particular day, despite the fact the car is parked there pretty much every weekday.

Gr1pr

So regardless of who was driving, their stall is set out correctly, meaning that if the driver is not identified they can transfer liability to the keeper, using Pofa2012

If it remains unpaid and their phishing deadline expires, they will carry on chasing the keeper and should issue a POPLA code

This scenario is exactly why stations were changed to relevant land back in December

Coupon-mad

That appeal grounds was hopeless, as you now know, but I'd just ignore them, all the time this sector remains unregulated.

soulfella

When I realised my argument was flawed, I was tempted to pay it to make it go away, however I prefer Coupon’s advice.

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82010282#Comment_82010282

Never need to pay

soulfella

Thanks all. Will ignore.

soulfella

They’ve put it on hold for another 7 days while they await the driver details.