Saba Parking Charge Notice: Appealed

Le_Kirk

https://forums.moneysavingexpert.com/discussion/comment/82018413#Comment_82018413

Good of them; they will of course be waiting till the end of time for the driver's details!

soulfella

I supposed they’ll go for the RK in the absence of driver details and they’ve issued a POPLA code.

‘Not relevant land’ isn’t a defence, but how about misleading information on their FAQ page? It says late pay is available on the same day. This isn’t the case, because I know and have proof, that payment can be made on the following day.

Coupon-mad

'No keeper liability' (non compliant NTK) might still be an argument though.

I am not seeing any date of sending on this NTK. Did you redact it? Or is it missing?

Without that date, how can the recipient calculate the date to appeal and the alleged statutory 'date given' to work out where SABA intend to consider that liability now rests with to the keeper? Are you meant to guess?!

There also seem to be some POFA para 9 wording omissions:

• it doesn't "invite the keeper to pay"
• it doesn't say SABA "do not know the name & address of the driver"

@cooldude255220 might post with a suggested POPLA appeal to try. May as well, given the defective NTK.

cooldude255220

https://forums.moneysavingexpert.com/discussion/comment/82042909#Comment_82042909

Thanks @Coupon-mad.

@soulfella Assuming that the issue/sent date is missing, appeal to POPLA using the following:

A creditor only has the right to recover unpaid parking charges from the keeper of the vehicle under paragraph 4(1) of Schedule 4 where the criteria in paragraph 4(2) of Schedule 4 are met.

Paragraph 4(2)(a) requires that the conditions in paragraphs 5, 6, 11 and 12 (so far as applicable) are met.

Paragraph 6(1)(b) requires that a Notice to Keeper is given accordance with paragraph 9.

Paragraph 9(2)(b) of Schedule 4 requires that the notice must: inform the keeper that … the parking charges have not been paid in full.

The Notice does not include this information. This is fatal to the right to recover from the keeper.

Paragraph 9(2)(e) of Schedule 4 requires that the notice must: state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper (i) to pay the unpaid parking charges; or (ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver

The Notice does not include this information. This is fatal to the right to recover from the keeper.

Paragraph 9(2)(i) of Schedule 4 requires that the notice must: specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

The Notice does not include this information. This is fatal to the right to recover from the keeper.

As the Notice materially fails to comply with the requirements of Schedule 4, the keeper cannot be liable under POFA. This appeal must therefore be allowed.

Or if it is there but has just been edited out, use this one:

A creditor only has the right to recover unpaid parking charges from the keeper of the vehicle under paragraph 4(1) of Schedule 4 where the criteria in paragraph 4(2) of Schedule 4 are met.

Paragraph 4(2)(a) requires that the conditions in paragraphs 5, 6, 11 and 12 (so far as applicable) are met.

Paragraph 6(1)(b) requires that a Notice to Keeper is given accordance with paragraph 9.

Paragraph 9(2)(b) of Schedule 4 requires that the notice must: inform the keeper that … the parking charges have not been paid in full.

The Notice does not include this information. This is fatal to the right to recover from the keeper.

Paragraph 9(2)(e) of Schedule 4 requires that the notice must: state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper (i) to pay the unpaid parking charges; or (ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver

The Notice does not include this information. This is fatal to the right to recover from the keeper.

As the Notice materially fails to comply with the requirements of Schedule 4, the keeper cannot be liable under POFA. This appeal must therefore be allowed.

soulfella

The issue date was edited out.

Castle

There's a compulsory £1.95 payment charge.

soulfella

Thanks all, appeal submitted. And a special thanks to cooldude.

cathome11

hi soul fella can I ask whether you were parked at a tfl station car park or a railway station car park?

Le_Kirk

The PCN posted above shows the location as Hemel Hempstead Main, which, I would say, was a railway station not TfL

soulfella

https://forums.moneysavingexpert.com/discussion/comment/82068212#Comment_82068212

Railway Station