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Messages - mrfence

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1
Thanks, I've responded based on your recommendations.

2
Simply, they are lying. They can assume what they want, but there is no legal foundation for saying the registered keeper is liable as a result.

They make these untrue statements because they think you might believe them and pay up.

A court hearing would expose this.

It does seem like a bit of nonsense, but it is not a situation I've found myself in before.

Is there anything I can send back to them that shows that their claim that they can pursue the registered keeper is factually incorrect?

3
Just got another email from them...

Firstly they acknowledge that the case was escalated to debt recovery incorrectly and I can ignore those letters.

However, they also state that

As per the Single Code of Practice, Annex C, the driver is often the same person as the keeper and/or the hirer. Where a keeper or hirer fails or refuses to provide the name and serviceable address of the driver when requested to, it may be assumed they are the driver, based on that failure or refusal. In absence of driver details, you as the registered keeper can therefore be assumed to be the driver.
 
While you are not obliged to provide the driver’s details, in the absence of that information we are entitled to pursue the registered keeper for the outstanding balance in accordance with the applicable legislation. Our request for driver details was made to allow us to transfer liability where appropriate.
 
In the meantime, the Parking Charge remains valid and payable.


So, they say the registered keeper is liable in the absence of the driver being identified and still want paying.

Any advice on how to respond would be appreciated.

4
Draft a complaint to Saba, complaining that they have failed to respond appropriately to your appeal in breach of 8.4.6 of the Private Parking Sector Single Code of Practice, and have escalated enforcement proceedings before determining the appeal, in breach of 8.4.7 of the same.

Feel free to show us a draft before sending.

Was gonna send something like this based on your suggestion last week and the subsequent advice...

I write further to your recent correspondence and wish to raise several points that require your urgent clarification.

1. Inconsistency regarding liability

In your latest response, you assert that the owner of the vehicle is liable for any penalties and that you do not have any cause of action against the driver. If that is the case, please explain why, in your previous correspondence, you have repeatedly requested that I provide the name and address of the driver.

I have already submitted a valid appeal as the person to whom the penalty notice by post was issued. If you disagree with the points raised in my appeal, you should reject it and provide a POPLA code so that I may escalate the matter appropriately.

2. Debt recovery action during an active appeal
I have since received a debt recovery demand dated 24 February. My previous email to you was sent on 8 February, and your response to that email was dated 27 February, in which you stated that I had 14 days to pay the penalty.

I draw your attention to Clause 8.4.6 of the Private Parking Sector Single Code of Practice, which states:

Where the parking operator rejects an appeal against a parking charge, they must present the person appealing with the option to:
a) pay the parking charge; or
b) appeal the decision to the relevant Appeals Service and have escalated enforcement proceedings before determining the appeal

The debt recovery letter is dated before your most recent email, and you have not provided a POPLA code. This is a clear procedural failure.

Furthermore, Clause 8.4.7 of the same Code states:

Where the driver, keeper or hirer lodges an appeal with the relevant Appeals Service, enforcement proceedings and/or debt resolution must either not commence or, where commenced, must be suspended until the Appeals Service determines the appeal.

You are plainly in breach of this clause, as debt collection activity was initiated prior to your response to my previous email and before any opportunity to appeal to POPLA was provided.

In light of the above, please confirm that all enforcement and debt recovery action has been suspended, and provide the required POPLA code without further delay.

I look forward to your prompt response.


Please let me know what you think.

5
Bizarrely, I've now had a letter from ZZPS demanding I pay £170 even though in the email last week, 'paymyparkingcharge' gave me a couple of weeks to pay!

Even though the link to pay the £170 is to the paymyparkingcharge website.

The extra £70 is for a debt resolution fee!

6
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...

7
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?

8
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.

9
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.

10
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.

11
Can you also post the back please?

Sure, here you go...


12
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.

13
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!

14
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.

15
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.


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