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Messages - mrfence

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1
Thanks again for the advice so far, I went back and told them that I had already contested the penalty in previous correspondence.

However they've come back and said.

We received your appeal, however the owner of the vehicle is held liable for all Penalty Notices issued on Railway assets in all circumstances, as such we have no cause of action against the driver or hirer of the vehicle.

And they want paying in the next couple of weeks.

I'd be grateful for advice on the next response...

2
The original appeal was through an online portal, so I don't think I have a copy of it.

Should I just say that I have already contested the validity of the charge in my previous correspondence?

3
Yes, in their first email acknowledged the appeal as the registered keeper and said that the driver needed to identify themselves and appeal.
The driver has not been identified in subsequent correspondence and the rest of our correspondence has been based on advice in this thread.

Quote
We have received your appeal as the Registered Keeper.

Please be advised, the contravention was on 9/10/25 and we had sent the Parking Charge on 16/10/25 therefore, the Parking Charge does comply with the Protection of Freedoms Act (PoFA) 2012 as the initial notification of the Parking Charge was sent within 14 days of the contravention. Whilst we do not dispute what you have or have not received and in what timeframe, the progression of the matter begins from the day the Parking Charge is sent. Due to this, we would require the driver to appeal the issuing of the Parking Charge, in the absence of an appeal within the twenty-eight (28) day timeframe the registered keeper will remain liable for this matter.

As you have marked you were not the driver, please provide their full name and serviceable address within seven (7) days of the date of this email. Alternatively, please request the driver appeals directly to appeals@paymyparkingcharge.com. Within this email they will need to confirm their full name, serviceable address and confirmation that they were the driver on the day.

This account will be placed on a seven (7) day hold to allow the driver time to contact our company or for the requested details to be provided.

4
Thanks to everyone for their help so far.

I've received another email from the paymyparkingcharge people saying that if I want to submit an appeal, to do it in the next seven days.

Is this a trap? As in an appeal rather than a challenge is some kind of acceptance?

I've obviously had a load of correspondence with them over the past few months based on the help I've had here, so I'm not clear what exactly I need to put in the appeal.

Any help would be really appreciated.

5
Thanks, I've sent it across to them in response to their last email.

The email correspondence since my initial online appeal has been with people with paymyparkingcharge.com email addresses, not Saba ones.

Do I need to send the note you composed to someone else too?

Thanks again.

6
Can you also post the back please?

Sure, here you go...


7
Received a 'penalty notice by post notice to owner' from Saba this morning (22/10), though dated (16/10), for not paying for parking in a station car park on 9/10.

The driver parks there once or twice a week and is in the habit of paying on the app as they walk to the platform. There is no auto-pay feature.

Looking at the app, there is no record of the driver paying for parking on that day. This is baffling as paying is part of their routine and they do have a train ticket which is something they also buy at the same time.

The driver doesn't recall getting an error on the app, so can only assume that for some reason they forgot to pay.

My question is whether there is any merit in requesting some discretion due to human error?
If so, are there any key phrases to include or avoid?

When they changed their app, they had issues on the first day so the driver was charged three times due to it giving an error when it was actually processing the payment. Saba gave a refund, but the driver didn't charge them £60 for their mistake!



This is the original letter as requested.

8
Based on all the correspondence we've had (this is the third or forth interaction), what would you suggest I put in the appeal?

I've referenced the byelaws, relevant and their right/authority to issue a penalty before and they don't seem to want to back down.

When I first posted there seemed a sense that I could challenge the penalty, so would be keen to do so as effectively as possible.

Cheers!

9
Can you show us the letter/email received, including the bit where they've "given [you] a week to appeal"?

Sorry here it is, for some reason it got clipped from my last post.

regarding the refusal to accept liability for the Penalty Notice issued for a breach of Railway Byelaws “Byelaws”.

Railway Byelaw 14 expressly provides that the owner of the vehicle is liable for a Penalty Notice. Whilst the Driver and Vehicle Licensing Agency (DVLA) has provided registered keeper details and not details on the owner of the vehicle, it is reasonable to rely on registered keeper details as prima facie indication of ownership.

If the registered keeper is not the owner, the appropriate course is for the registered keeper to identify the actual owner. In absence of such ownership, liability correctly remains with the registered keeper.

Your assertion that an offence under Byelaws can only be enforced through immediate prosecution is incorrect. The debt resolution stage is lawful and provides an opportunity to resolve the matter prior. If the Penalty Notice remains outstanding, the file will continue to progress accordingly where more fees may be applied.

If you would like to appeal the issuing of this Penalty Notice, please confirm within seven (7) days. If appealed, we will provide you with an official appeal response. Please note, if an appeal is not received within this timeframe, and the points raised are not in relation to the issuing of this Penalty Notice, your account will progress accordingly.

10
Can you show us the letter/email received, including the bit where they've "given [you] a week to appeal"?

It was an email so don't have a hard copy.


11
I had hoped that this had gone away, but over three weeks after I responded they've come back and given me a week to appeal, which in itself feels a bit cheeky.

Anyway, addressing the points in my previous email to them taken from the forum, they thank me for getting back to them and say

regarding the refusal to accept liability for the Penalty Notice issued for a breach of Railway Byelaws “Byelaws”.

Railway Byelaw 14 expressly provides that the owner of the vehicle is liable for a Penalty Notice. Whilst the Driver and Vehicle Licensing Agency (DVLA) has provided registered keeper details and not details on the owner of the vehicle, it is reasonable to rely on registered keeper details as prima facie indication of ownership.

If the registered keeper is not the owner, the appropriate course is for the registered keeper to identify the actual owner. In absence of such ownership, liability correctly remains with the registered keeper.

Your assertion that an offence under Byelaws can only be enforced through immediate prosecution is incorrect. The debt resolution stage is lawful and provides an opportunity to resolve the matter prior. If the Penalty Notice remains outstanding, the file will continue to progress accordingly where more fees may be applied.

If you would like to appeal the issuing of this Penalty Notice, please confirm within seven (7) days. If appealed, we will provide you with an official appeal response. Please note, if an appeal is not received within this timeframe, and the points raised are not in relation to the issuing of this Penalty Notice, your account will progress accordingly.


I'd be grateful for any advise on the best way to respond to them on this matter.

12
Merry Christmas everyone.

I didn't get a card from the parking charge people, but did get this following my sending of the previous recommended response above...

Thank you for your recent correspondence received at our offices and noted accordingly.

This matter relates to a Penalty Notice issued under Railway Byelaws. An offence was committed by breaching Railway Byelaw 14 and therefore a Penalty Notice was issued against this vehicle.

The owner of the vehicle is held liable for all Penalty Notices issued on Railway assets in all circumstances, as such we have no cause of action against the driver or hirer of the vehicle.

Subsequently, the driver or hirer details will not be updated to our system, and you remain the liable party on this account and any course for redress will need to be addressed directly with the hirer of your vehicle under the terms of your contract with them.

We, therefore, again invite you to make payment to be received within fourteen (14) days of the date of this email to settle this file. Please refer to the reverse of our original letter for methods of payment.

Alternatively, you can respond to this email with context of the mitigating circumstances that led to non-payment on the day and we can process the appeal accordingly.

We have placed this matter on hold for 7 days.


Seems a bit of discrepancy between the seven days on hold and the fourteen day window in which they've 'invited' me to pay, but I'd appreciate an appropriate response to get them to drop the issue.


13
I sent the recommended text in my appeal and have received an update from them...

We have received your appeal as the Registered Keeper. Please be advised, the contravention was on 9/10/25 and we had sent the Parking Charge on 16/10/25 therefore, the  Parking Charge does comply with the Protection of Freedoms Act (PoFA) 2012 as the initial notification of the Parking Charge was sent within 14 days of the contravention.

Whilst we do not dispute what you have or have not received and in what timeframe, the progression of the matter begins from the day the Parking Charge is sent. Due to this, we would require the driver to appeal the issuing of the Parking Charge, in the absence of an appeal within the twenty-eight (28) day timeframe the registered keeper will remain liable for this matter.

As you have marked you were not the driver, please provide their full name and serviceable address within seven (7) days of the date of this email. Alternatively, please request the driver appeals directly to appeals@paymyparkingcharge.com. Within this email they will need to confirm their full name, serviceable address and confirmation that they were the driver on the day.

This account will be placed on a seven (7) day hold to allow the driver time to contact our company or for the requested details to be provided.


What would be the next course of action?

14
Thanks for the advice.

I'll send that over on day 27.

Just to be clear, is it 27 days after the alleged offence or 27 days after the date on the penalty notice?

15
Thanks, have updated the original post and put in an image of the notice.

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