Free Traffic Legal Advice

Is this the station car park?

You should also report SABA to the DVLA as they have breached section 8.1.1(d) of the PPSCoP which states:

The parking operator must not serve a notice which in its design and/or language: state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.

They have stated in the NtK that they will hold the Keeper liable:

You are warned that if, after 29 days from the date given, the Parking Charge has not been paid in full and we do not know both the name and current address of the driver, we may recover any unpaid part of the Parking Charge from you.

A breach of the PPSCoP is a breach of the KADOE contract with the DVLA and they are therefore using your DVLA supplied data unlawfully.

The PoFA amendment has absolutely NOTHING to do with TfL (or TfL subsidiary) properties. PoFA 3(1)(b) applies:

3(1) In this Schedule “relevant land” means any land (including land above or below ground level) other than—

(a) a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);

(b) a parking place which is provided or controlled by a traffic authority;

(c) any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

Then look at PoFA 3(2)(c):

3(2) In sub-paragraph (1)(b)—

“parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
“traffic authority” means each of the following—

(a) the Secretary of State;

(b) the Welsh Ministers;

(c) Transport for London;

(d) the Common Council of the City of London;

(e) the council of a county, county borough, London borough or district;

(f) a parish or community council;

(g) the Council of the Isles of Scilly.

TfL provides/controls the parking place; Saba operates as TfL’s contractor/agent; therefore the site is excluded from “relevant land” under PoFA 3(1)(b). The 2025 railway-byelaws amendment does not touch 3(1)(b), so nothing changes on Boxing Day for TfL-provided/controlled car parks.

Use the above points for a formal complaint to the DVLA and your MP.

They'll more likely than not reject the appeal, which is why you don't put much effort into the initial one. It is at POPLA that you will use the legal argument broadside on them.

I fancy that POPLA might find in the defendants favour on this one because of the parking operators errors.

Also, I've recently noticed a number of cases where the operator pulls out of the POPLA process in certain kinds of case. In particular, where the operator breaks the rules and implies PoFA liability either by specifically mentioning PoFA or by providing a wording which mimics the PoFA mechanism and implies that the keeper can be persued for the charge.

I don't know about others but I'm beginning to suspect that there maybe some kind of unofficial 'back-channel' between POPLA and the parking operators. I suspect that POPLA might warn an operator about a particular case and that allows the operator to withdraw the case before POPLA have to issue a formal response. 

Hello, I tried to make an appeal a couple of days ago and the paymyparkingcharge.com site only had a drop down menu for 'yes' or 'no', to who was the driver. No other option. So, I left it and was going to ask you what to do and when I have just gone on again, it has the following page now.



What should I do now as their does not seem to be an option to appeal on this page?

Thank you, in advance, for your help.

Sorry! It looks fine in the website where its uploaded. I'll add the link again.

Thanks

https://postimg.cc/300Gmftv