Author Topic: SABA demanding driver details after appeal – Paid at machine – Parking PCN from Croydon University Hospital  (Read 386 times)

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mickR

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yep apologies I missed that

ikina

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Thank you all for your help with this. I am truly grateful for your time.

I have read all the responses and redrafted the response to this:
"Dear SABA,

Thank you for your email.

The Keeper is Entitled to Appeal:
As the Notice to Keeper (NtK) was addressed to me as the registered keeper of the vehicle, I am entitled to respond and appeal.

Non-Compliance with PoFA:
Your NtK lacks the mandatory "invitation" for the keeper to pay as required by Paragraph 9(2)(e).
The NtK also fails to specify a “period of parking”, instead referencing a single timestamp, which does not satisfy Paragraph 9(2)(a).

Evidence of Payment Already Provided:
I have submitted irrefutable evidence that a valid ticket was purchased using your suggested machine. It is unclear why your systems, or your warden’s observations, failed to reflect this.

I urge SABA to consider this appeal as submitted and to issue a POPLA code if they choose to reject it."

I hope I am understanding this all correctly. Please feel free to correct me if I have misunderstood any of it.

ikina

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@b789 I contacted PALS and received this as a response:

"Thank you for your email and I am sorry to read of these difficulties.

I am sorry we cannot help directly with this as we are a PALS team a mental health trust. I've copied in the PALS team for Croydon Health Services although they may not be able to help either.

These resources may be useful for you:

https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/appealing-a-parking-ticket/

https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/appealing-a-parking-ticket-when-someone-else-was-driving/"

b789

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This is the PALS service you should be contacting:

https://www.croydonhealthservices.nhs.uk/patient-experience-and-pals

I certainly wouldn't bother with CAB. They are clueless when it comes to private parking tickets.

You may want to point this document out to them:

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

Especially this bit:

Quote
NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.

NHS organisations should act against rogue contractors in line with the relevant codes of practice where applicable.

Contracts should not be let on any basis that incentivises additional charges, for example ‘income from parking charge notices only’.

Maybe ask them how their agent makes their income from these PCNs or does it go back to the Trust (unlikely).
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

ikina

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Thank you @b789 Ive sent this. Will update on here when I hear back.

ikina

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Hi @b789 - I have just received this response from PALS

"Thank you for your FOI request.  Your reference number is: FOI xxxx, and should be quoted in all your future correspondence relating to this request.
I regret that your request for information under the Freedom of Information Act(FOIA) has been declined as an invalid request under section 8 of the Act.
Section 8 of the FOIA requires the inclusion of the requestors name for the request to be valid.
Please can you provide us with your full name.
It is anticipated that a response will be communicated to you within 20 working days in compliance with the Freedom of Information Act 2000.
Kind regards
FOI Team
Croydon Health Services NHS Trust
Email: CH-TR.FOI@nhs.net "

DWMB2

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Why did you submit a Freedom of Information request?
Away 10/01/25 - 18/01/25 - I will have limited forum access

Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice
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b789

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As above, but also, why didn't you give your details if making an FOI request?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

ikina

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Hi @b789 @DWMB2 I based the FOI off this recommendation "Maybe ask them how their agent makes their income from these PCNs or does it go back to the Trust (unlikely)."

I wasn't aware I needed to supply personal details for this. I thought the entire point was to remain as "registered keeper"?

ikina

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Hi @mickR @b789 @H C Andersen

I've received this response from SABA. It sounds like they are ignoring my response and still insisting on the original request.

"Good afternoon,
Thank you for your email, all comments have been noted accordingly.
To satisfy data protection and to ensure we are discussing with the correct party, please confirm your full name and vehicle registration.
If you are not the named party or the driver on the day, we will require authorisation to discuss this matter with you."

PALS looks to be a dead end and doesn't want to get involved with their rogue supplier. Is progressing with SABA the only available route?

b789

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But sending an FoI request was not the way to go. However, having sent it, please do provide your details to them so that we can get a definitive answer to the question.

When communication with anyone as the Keeper, all you have to do is refer to the the Driver in the third person. No "I did this or that". Simply say "The driver did this or that".

As far as SABA are concerned, you can confirm to them that you are the Registered Keeper to whom the NtK was addressed. Remind them that you are under no legal obligation to identify the driver to an unregulated private parking company and decline to do so.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

mickR

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did you send a FOI request to PALs instead of asking them to get the ticket cancelled?

I like the cheek of SABA in bringing up the Data Protection angle when it is them that accessed the RKs data.
« Last Edit: December 14, 2024, 03:36:55 pm by mickR »

ikina

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Hi @mickR I asked PALS about both. They ONLY responded to part on FOI

mickR

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chase them up about getting the ticket cancelled

ikina

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Can I please check:
If SABA wants my full name and vehicle registration to verify that I am the registered keeper, do I supply this?