Author Topic: SABA - PN turned into a PCN - Milton Keynes Station (Read 498 times)

airmemo · « **on:** March 26, 2025, 07:23:52 am »

Hi,

Around end of September I've received a Penalty Notice from SABA for a vehicle for which I'm the registered keeper. The driver failed to obtain a valid ticket at a railway station. Reason for not having a valid ticket is that driver paid the wrong car park thanks to bad signs and being mislead by the RingGo app. Of course, they mention the usual Railway Byelaws breach, yada yada, same old.
I appeal as the RK without saying who was driving but of course, as expected, nothing makes them cancel and there's no independent appeal offered. Alleged offence was on 14/09/24, so it is already statute barred.

I then move on with my life and the usual ZZPS threats starts coming into my letterbox. I ignore them all. Then I start receiving Moorside Legal letters. To my surprise, I would say, as I was expecting QDR. I kept ignoring them.

Then I received a Letter of Claim from Moorside, where they basically shot themselves in the foot by stating that I owe £170 due to one or more unpaid Parking Charge Notice. They were also threatening a County Court claim. I replied to them saying that I have only received a Penalty Notice that is now statute barred and that can only be pursued through the Magistrates Court, but they got back to me just yesterday telling this:

Quote

This Parking Charge Notice relates to a contravention at MILTON KEYNES CENTRAL MAIN for "FAILING TO OBTAIN A VALID TICKET OR CASHLESS PARKING SESSION" on 14-Sep-24.

The terms and conditions were clearly displayed in and around our client's private premises. When remaining on the premises, all motorists must choose to abide by them. However, on this occasion you failed to do so.

We ask that you make the full payment of £170.00 within 7 days of receipt of this email.
You can make payment in the following ways:
· Contact us on 0330 828 5850 (our opening times are Monday- Friday 9:00- 17:00);
· Register online at www.moorsidelegal.co.uk;
· Customer Portal - Quick Pay (moorsidelegal.co.uk)
If you fail to make full payment or set up a payment plan, we may be instructed to issue a County Court Claim against you. 
You may wish to seek legal independent advice.
Yours sincerely
Moorside Legal

They are absolutely clueless and stand firm on their point, misrepresenting my original PN into a PCN. The fact that they have misrepresented my PN (only enforceable through a Magistrates Court) into a PCN seems like a golden opportunity to have everything cancelled as they can't possibly change a PN into a PCN, but what would be the best way to do so? I feel like they are going to issue a claim after this.
Find attached the original PN and the latest letter I got from Moorside.

Thank you!

EDIT: uploaded all files on Google Drive for anyone to see: https://drive.google.com/drive/folders/1Z85-2zE8_tC4syNKLszH-hQ3RsuM88a-

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b789 · « **Reply #1 on:** March 26, 2025, 01:52:42 pm »

Have you responded yet to the LoC from the incompetent idiots at Moorside Legal? Whether you have or have not, you must report them to the SRA.

Here is a draft that you can use to report to the SRA the dimwit legal wannabes at Moorside Legal:

Quote

To: report@sra.org.uk

Subject: Formal Complaint: Moorside Legal – Misrepresentation of Penalty Notice and Abuse of Process

Dear Sir/Madam,

Re: Formal complaint against Moorside Legal – Misuse of Legal Process and Misrepresentation of Legal Basis of Claim

I wish to submit a formal complaint concerning the conduct of Moorside Legal, who have sent a Letter of Claim to me alleging a civil debt of £170 about a matter that is not legally enforceable in the County Court, and which is based on a fundamental misrepresentation of the legal character of the original notice.

Background

• The notice in question was issued by SABA UK, a private parking operator, on 14 September 2024 at Milton Keynes Central railway station.
• The notice was styled as a Penalty Notice for an alleged breach of Railway Byelaws, specifically for failing to obtain a valid parking ticket.
• SABA, being a private entity, is not a prosecuting authority, nor are they empowered to issue genuine statutory Penalty Notices under Railway Byelaws.
• Moreover, such alleged byelaw breaches are subject to a 6-month time limit for prosecution in the Magistrates’ Court, as required under s.127 of the Magistrates' Courts Act 1980. That deadline expired on 14 March 2025.

Despite these facts, I received a Letter of Claim from Moorside Legal, asserting that I owe £170 for a Parking Charge Notice, and threatening County Court proceedings unless I pay.

Grounds of Complaint

1. Misrepresentation of Legal Basis of the Charge

• Moorside Legal has falsely referred to the original notice as a Parking Charge Notice (PCN) rather than a Penalty Notice (PN).
• The location in question is governed by Railway Byelaws, and the land is not 'relevant land' under Schedule 4 of the Protection of Freedoms Act 2012, meaning no civil keeper liability can apply.
• The misrepresentation of a statutory penalty (only enforceable via the criminal courts) as a civil debt (enforceable via County Court) amounts to a serious breach of professional obligations.

2. Threatening Legal Action on a Time-Barred and Legally Unenforceable Matter

• Moorside Legal have sent a Letter of Claim after the 6-month deadline for laying information before a Magistrate has passed.
• The claim is not merely unmeritorious; it is legally incompetent, and attempting to pursue such a matter in civil court would constitute an abuse of process.

3. Misuse of Personal Data

• My personal data was used to pursue a claim based on a non-existent civil debt, constituting a breach of GDPR Article 5(1)(a) and (b) regarding lawful and fair processing.
• Breach of SRA Standards and Regulations Moorside Legal’s actions appear to breach multiple SRA Principles and Code of Conduct obligations, including:

• Principle 1 – Upholding the rule of law and the proper administration of justice
• Principle 2 – Acting with integrity
• Principle 5 – Acting in a way that upholds public trust and confidence in the legal profession
• Code of Conduct for Firms, Paragraphs 4.2 and 7.1(c) – Ensuring services provided are competent and not misleading; not pursuing claims with no proper legal basis

Attached Evidence

I have attached the following documents:

• Copy of the original “Penalty Notice” issued by SABA
• Moorside Legal’s Letter of Claim misrepresenting it as a Parking Charge Notice
• My written response to Moorside Legal highlighting the statutory 6-month statute of limitation and lack of prosecutorial authority

Request for Action

I request that the SRA investigate whether Moorside Legal’s conduct amounts to:

• Misrepresentation to a consumer
• Abuse of legal process
• Breach of the SRA Principles and Code of Conduct
• Conduct likely to bring the profession into disrepute

This type of behaviour contributes to the erosion of public trust in the legal profession and is particularly serious where debt collection is pursued aggressively and without a lawful basis.

Please confirm receipt of this complaint and let me know whether you require any further information.

Yours faithfully,

[Your Full Name]
[Postal Address]
[Email Address]
[Phone Number]

airmemo · « **Reply #2 on:** March 26, 2025, 03:24:36 pm »

Amazing, thanks! Will complain with SRA asap.

Quote from: b789 on March 26, 2025, 01:52:42 pm

Have you responded yet to the LoC from the incompetent idiots at Moorside Legal? Whether you have or have not, you must report them to the SRA.

I did respond to their LoC, but they basically doubled down and replied with what I quoted in the first post. Looks like they completely ignored my point.
I'll probably try to send them another email attaching the original PN, but doubt it'll make them change their mind. Can't win an argument with idiots really.

airmemo · « **Reply #3 on:** April 08, 2025, 11:04:42 am »

Just got an answer from them:

Quote

We write further to your recent email.

This Parking Charge Notice relates to a contravention at MILTON KEYNES CENTRAL MAIN for "FAILING TO OBTAIN A VALID TICKET OR CASHLESS PARKING SESSION" on 14-Sep-24.

The terms and conditions were clearly displayed in and around our client's private premises. When remaining on the premises, all motorists must choose to abide by them. However, on this occasion you failed to do so.

You entered into a contractual agreement when parking on our client's private land where you agree to pay a Parking Charge Notice if you are parked in a manner that breaches the terms and conditions.

Please note that we will not be addressing any further correspondence related to disputes of the same nature, as we have already provided you with a response. However, should you wish to raise a new dispute, we will investigate the matter further and respond accordingly.

You can make payment in the following ways:

· Contact us on 0330 828 5850 (our opening times are Monday- Friday 9:00- 17:00);
· Register online at www.moorsidelegal.co.uk;
· Customer Portal - Quick Pay (moorsidelegal.co.uk)

If you fail to make full payment or set up a payment plan, we may be instructed to issue a County Court Claim against you. 

You may wish to seek legal independent advice.

Yours sincerely

Moorside Legal

They really are all out on their bs and refuse to address my point. Unbelievable.

b789 · « **Reply #4 on:** April 08, 2025, 01:56:33 pm »

Make sure that the SRA complaint has been sent. You can also send the SRA a copy of this response. Did you send your evidence that the original notice was clearly stated as a Penalty Notice and not a PCN.

If it were me, I would respond to Moorside with the following:

Quote

Subject: Re: Your Repeated Misrepresentation of a Time-Barred Penalty Notice

Dear Moorside Legal,

Thank you for your latest template response, which, yet again, fails to engage with the fundamental legal points raised in my previous correspondence.

Let’s go over this slowly, since your continued inability (or unwillingness) to grasp the basics suggests a profound misunderstanding of both civil and criminal law:

1. The notice issued by your client is a Penalty Notice, styled as such and citing an alleged breach of Railway Byelaws. It is not a Parking Charge Notice, no matter how many times you try to rebrand it in your correspondence.

2. The location — Milton Keynes Central station — is clearly not “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012. Therefore, you cannot rely on PoFA to pursue the registered keeper. This is basic parking law 101.

3. Any prosecution under the Railway Byelaws must be commenced within six months of the alleged contravention, pursuant to s.127 of the Magistrates’ Courts Act 1980. That deadline expired on 14 March 2025. Your client had their window — they missed it. End of story.

And yet, despite the above, you have the audacity to issue a Letter of Claim, threatening civil litigation for a statutory penalty that is:

• Time-barred;
• Not recoverable via the County Court;
• And grounded in legal fiction so brazenly misleading, it borders on the farcical.

Your refusal to even acknowledge the statutory nature of the alleged offence — let alone address the expired limitation period — is not just incompetent, it is embarrassingly inept. This is not “contract law” and no amount of boilerplate legalese will make it so. Your attempt to convert a failed criminal enforcement into a pretend civil debt is nothing more than an abuse of process and, frankly, a grubby attempt to extract money through intimidation.

If you truly believe that a County Court claim will survive even the lightest judicial scrutiny, I insist you issue it. I would relish the opportunity to watch it collapse at the first procedural hearing. Your antics will be brought to the attention of the court, the SRA, the ICO, and any other body tasked with upholding standards in an industry that, thanks to conduct like this, is in chronic reputational decline.

I now require one of two things from you:

1. A written confirmation that this matter is closed and no further action will be taken; or
2. A County Court Claim Form, so this charade can be formally and publicly dismantled.

Further threats or circular replies that ignore the legal reality will not be dignified with a response, but they will be retained for regulatory and evidential purposes.

Yours faithfully.

airmemo · « **Reply #5 on:** April 08, 2025, 04:53:46 pm »

Thank you very much again! I will send them this asap.

Quote from: b789 on April 08, 2025, 01:56:33 pm

Did you send your evidence that the original notice was clearly stated as a Penalty Notice and not a PCN.

Yes I did and I will follow-up with the contents of their latest email.

Just out of curiosity though (I'm not British and don't have a clear understanding of the UK judicial system), once I receive the county court claim, will it be difficult or time consuming to defend my position?

b789 · « **Reply #6 on:** April 08, 2025, 05:04:13 pm »

This would be so easy to defend should Moorside Legal be so stupid as to actually issue a claim. We would provide all the assistance you need. It would never get as far as an actual hearing.

I can't wait to see what the SRA respond with.

airmemo · « **Reply #7 on:** May 09, 2025, 02:49:27 pm »

SRA got in touch now as they have assigned an investigator to my case and will provide an answer by 22/05

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Author Topic: SABA - PN turned into a PCN - Milton Keynes Station (Read 498 times)

airmemo

SABA - PN turned into a PCN - Milton Keynes Station

b789

Re: SABA - PN turned into a PCN - Milton Keynes Station

airmemo

Re: SABA - PN turned into a PCN - Milton Keynes Station

airmemo

Re: SABA - PN turned into a PCN - Milton Keynes Station

b789

Re: SABA - PN turned into a PCN - Milton Keynes Station

airmemo

Re: SABA - PN turned into a PCN - Milton Keynes Station

b789

Re: SABA - PN turned into a PCN - Milton Keynes Station

airmemo

Re: SABA - PN turned into a PCN - Milton Keynes Station