With respect, PoFA does not require the creditor to offer nor grant a keeper the right to appeal against the parking charge. Para. 9 is quite clear.
But what PoFA does state is that a NTK must:
...
g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
There is no mandatory appeal under PoFA(something which long-overdue mandatory regs would resolve).
However, it is understood by government, approved operators and their ATAs that the latter would put in place a (now single) code of practice, compliance with which is a condition of operators accessing DVLA keeper data. It is this Code which requires creditors to offer 'arrangements for resolving disputes' and states that the keeper may appeal to the creditor, page 38 refers:
https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/sectorsingleCodeofPractice.pdfPOPLA must consider this matter and IMO find for the keeper because of the failure of the creditor to comply with this most important part of the code.
So, how should you play this?
At present SABA hold the cards and would continue to do so until you are in possession of a POPLA code*. Therefore, I would simply respond by saying that you do not intend to name the driver, that you require SABA to consider your appeal as submitted and if rejected to issue a POPLA code.
*- in the little snippet of their response I don't see that your failure to comply within their tome frame would lead to them issuing a POPLA code, but if it does then post their complete reply because perhaps your best tactic would be simply to ignore.
