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  • FIRST POST
    • usernamewasnottaken
    • By usernamewasnottaken 14th Jan 20, 7:45 PM
    • 2Posts
    • 1Thanks
    usernamewasnottaken
    Saba parking notice: I知 past the 6 month mark and they are still pursuing me? Now what?
    • #1
    • 14th Jan 20, 7:45 PM
    Saba parking notice: I知 past the 6 month mark and they are still pursuing me? Now what? 14th Jan 20 at 7:45 PM
    Firstly, a big thanks to frequent posters for all the advice in these forums. They have been very helpful.

    So... I have been in a back and forth battle with Saba over a parking charge since June 2019. I lost and IAS appeal in December. Having followed the advice here, I was able to delay things so long that 1 day after losing my appeal I hit the 6 month mark.

    I have read frequently that a charge 奏imes out after 6 months or there is a 6 month deadline for them to escalate this to the courts.

    I did not intend on paying after the appeal. I did fully expect that they would come back at me after the 28 day appeal payment window elapse. Which they have. It痴 been nearly 7 months since the penalty and the keeper is again receiving letters from zzps with the wording:

    善lease do not ignore this letter. A breach of railway byelaws is a criminal offence and can be pursued by means of a private criminal prosecution in the magistrates court if this debt is not cleared.

    So what do I do now (besides the frequent advice to ignore)? What do I write/ how do I respond to them in order to put this to an end and stop the harassment? Are there rules or rulings that can be referenced in my response? Or will they pursue this in the magistrates?

    Thanks in advance.
Page 1
    • waamo
    • By waamo 14th Jan 20, 7:48 PM
    • 8,749 Posts
    • 12,224 Thanks
    waamo
    • #2
    • 14th Jan 20, 7:48 PM
    • #2
    • 14th Jan 20, 7:48 PM
    Write to them and tell them to stop contacting you as the 6 months are up. They usually do.
    This space for hire.
    • twhitehousescat
    • By twhitehousescat 14th Jan 20, 7:53 PM
    • 4,551 Posts
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    twhitehousescat
    • #3
    • 14th Jan 20, 7:53 PM
    • #3
    • 14th Jan 20, 7:53 PM
    invite zzps to take you to court
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • beamerguy
    • By beamerguy 14th Jan 20, 8:13 PM
    • 13,360 Posts
    • 19,230 Thanks
    beamerguy
    • #4
    • 14th Jan 20, 8:13 PM
    • #4
    • 14th Jan 20, 8:13 PM
    Write to them and tell them to stop contacting you as the 6 months are up. They usually do.
    Originally posted by waamo
    Saba are pretty thick, WARN THEM ABOUT FUTURE HARASSMENT

    ZZPS are the joke of the century still floating in and around the sewers. You have heard of fatbergs ?? all part of the same family
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 15th Jan 20, 3:29 AM
    • 80,775 Posts
    • 95,442 Thanks
    Coupon-mad
    • #5
    • 15th Jan 20, 3:29 AM
    • #5
    • 15th Jan 20, 3:29 AM
    Report them to the BPA, to Steve Clark and Gemma Dorans (search the forum!).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • The Slithy Tove
    • By The Slithy Tove 15th Jan 20, 8:34 AM
    • 3,727 Posts
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    The Slithy Tove
    • #6
    • 15th Jan 20, 8:34 AM
    • #6
    • 15th Jan 20, 8:34 AM
    I have read frequently that a charge 奏imes out after 6 months or there is a 6 month deadline for them to escalate this to the courts.

    ... receiving letters from zzps with the wording:

    善lease do not ignore this letter. A breach of railway byelaws is a criminal offence and can be pursued by means of a private criminal prosecution in the magistrates court if this debt is not cleared.
    Originally posted by usernamewasnottaken
    After six months, sometimes what was clearly and unequivocally (according to the PPC) a Penalty Charge (for Byelways) suddenly becomes a contractural charge, so they keep pursuing. If they flip-flop like that and take it to court, a judge might be interested in their somewhat ambiguous position.
    • The Deep
    • By The Deep 15th Jan 20, 8:49 AM
    • 16,422 Posts
    • 17,364 Thanks
    The Deep
    • #7
    • 15th Jan 20, 8:49 AM
    • #7
    • 15th Jan 20, 8:49 AM
    You are in the driving seat here, whichever way you choose will be the right one.

    Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
    • nosferatu1001
    • By nosferatu1001 15th Jan 20, 9:00 AM
    • 6,299 Posts
    • 8,355 Thanks
    nosferatu1001
    • #8
    • 15th Jan 20, 9:00 AM
    • #8
    • 15th Jan 20, 9:00 AM
    Tell them to FRO and cease harassing you over an alleged offence that cannot be prosecuted any longer, and for a supposed "debt" that never existed as you simply rejected their offer, and no contract (to pay) was formed and so no debt can accrue

    If they disagree you invite their principal to take you to court within 14 days, where you will have great pleasure in winning and submitting a suitably large costs bill, plus a claim (in the county court) against their principal for the now proven harassment.
    • Half_way
    • By Half_way 15th Jan 20, 9:10 AM
    • 5,124 Posts
    • 7,699 Thanks
    Half_way
    • #9
    • 15th Jan 20, 9:10 AM
    • #9
    • 15th Jan 20, 9:10 AM
    what did they call this originally?
    1: a parking charge notice
    or
    2: A penalty charge notice (usually mentioning by laws)
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • usernamewasnottaken
    • By usernamewasnottaken 16th Jan 20, 3:44 PM
    • 2 Posts
    • 1 Thanks
    usernamewasnottaken
    Many thanks for the responses so far.

    @Half_way It was a penalty charge, referencing byelaw 14

    @nosferatu1001, @TWHITEHOUSESCAT I'd like to avoid challenging them to take me to court / me threaten to take them to court. Would rather this just go away...

    @waamo thanks. Are there any examples of what exactly to write that might be effective?

    @Coupon-mad Would I report ZZPS or Saba to the BPA in this instance?

    As for this '6 month deadline' that keeps getting referenced. Am I right in thinking that only the train company can escalate this to the magistrates, and their window to do so was 6 months from the penalty being issued so it has now elapsed? Or is ZZPS / Saba still able to remedy this through a county court process?
    • twhitehousescat
    • By twhitehousescat 16th Jan 20, 3:49 PM
    • 4,551 Posts
    • 5,604 Thanks
    twhitehousescat
    Am I right in thinking that only the train company can escalate this to the magistrates, and their window to do so was 6 months from the penalty being issued so it has now elapsed?

    correct


    Or is ZZPS / Saba still able to remedy this through a county court process?

    how ? it was never a parking notice, it was a penalty charge (see above)



    Would I report ZZPS or Saba to the BPA in this instance?


    both of them as they are both BPA members
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • waamo
    • By waamo 16th Jan 20, 4:33 PM
    • 8,749 Posts
    • 12,224 Thanks
    waamo
    Saba are the principles so if it would be them that you report. Posters that have written to them haven't reported what they sent other than to say they told Saba to cease and they did.

    You want simply to say that this is a byelaws offence and as such can no longer be prosecuted as it is over 6 months from the date of the offence. You require that they cease threatening you as no further action can be taken.

    You don't need anything more complicated than that.
    This space for hire.
    • twhitehousescat
    • By twhitehousescat 16th Jan 20, 4:48 PM
    • 4,551 Posts
    • 5,604 Thanks
    twhitehousescat
    Saba are the principles so if it would be them that you report. Posters that have written to them haven't reported what they sent other than to say they told Saba to cease and they did.

    You want simply to say that this is a byelaws offence and as such can no longer be prosecuted as it is over 6 months from the date of the offence. You require that they cease threatening you as no further action can be taken.

    You don't need anything more complicated than that.
    Originally posted by waamo
    and if they come back arguing remind them that it was a penalty charge and POPLa was denied
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
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