Free Traffic Legal Advice

I have split this out from someone else's post that you hijacked.

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To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide

It's a PCN, attached to original message

They state on the PCN that if we do not provide the driver's details they can recover charges from the registered keeper under Schedule 4 of the Protection of Freedoms Act 2012

That's helpful thanks, I'll adapt the airport appeal

They direct you to www.PayMyParkingCharge.com for the appeal which is owned by ZZPS Limited. I'll instead post the appeal to the Saba office to avoid the third party

Ignore ZZPS (and their follow up letters from GCTT). They are powerless debt collectors and can be safely ignored. Their only purpose is to try and make the low-hanging fruit on the gullible tree pay up out of ignorance and fear.

Send a formal complaint to SABA as follows:

To: complaints@sabaparking.co.uk
Cc: dpo@sabaparking.co.uk
Subject: Formal Complaint: Failure to Respond to Appeal and Improper Escalation to ZZPS

Dear Sirs,

PCN Reference: [Insert PCN reference]
Date of Alleged Contravention: [Insert date]
Vehicle Registration: [Insert VRM]
Location: North Greenwich Main

I write to raise a formal complaint regarding your handling of my appeal against the above-referenced Parking Charge Notice (PCN), which was issued under civil contract law by Saba Park Services UK Ltd.

I am the registered keeper of the vehicle, and my written appeal was submitted by recorded post and delivered on 19th March 2025. It clearly stated that Saba Park Services UK Ltd cannot hold a registered keeper liable under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), because the site—North Greenwich Main—is not ‘relevant land’. This is land owned by Transport for London (TfL) and under statutory control.

Your response, sent via paymyparkingcharge.com on 2nd April, failed to address any of the substantive points raised in my original appeal. Instead, it merely requested the name and address of the driver and stated that the charge would be placed on hold for seven days. I responded to that request by referring you back to the original appeal, which had already set out the legal position clearly. Since then, you have provided no further reply, no decision on the appeal, and no POPLA code. This is in breach of Clause 8.4.1(b) and Annex C.1.1 of the Code, which require parking operators to respond to appeals within 28 days and to provide access to the Appeals Service upon rejection.

Instead of responding properly, the charge has now been escalated to ZZPS Limited, whose letter falsely implies enforceability based on ParkingEye v Beavis. That ruling is entirely irrelevant here. This PCN is issued under contract law, with no mention of any statutory enforcement mechanism, no reference to byelaws, and no indication of landowner authority to issue penalties. As such, the only party who could potentially be liable is the driver. The registered keeper has denied liability and has not been identified as the driver.

The continued pursuit of this PCN—despite your failure to respond to the appeal or provide access to independent adjudication—is unreasonable and in breach of the requirements imposed on all BPA members.

Accordingly, I require the following:

• Immediate written confirmation that the PCN has been cancelled;
• A full explanation for your failure to respond to the appeal or issue a POPLA code;
• Confirmation that ZZPS have been instructed to cease contact and close the file;
• Written confirmation that my data has not been further processed or misused.

If I do not receive a satisfactory reply within 14 days, I will escalate this complaint to the British Parking Association (BPA) in addition to the formal complaint to the DVLA that has now been submitted.

Yours faithfully,
[Your Full Name]
[Your Postal Address]
[Date]

You should also submit a complaint to the DVLA.

Here’s how to make a DVLA complaint:


The DVLA is required to record, investigate and respond to every complaint about a private parking company. If everyone who encounters a breach took the time to submit a complaint, we might finally see the DVLA take meaningful action—whether that means curtailing or removing KADOE access altogether.

For the text part of the complaint the webform could use the following:

I am submitting a formal complaint against Saba Park Services UK Limited, a BPA AOS member with DVLA KADOE access, for breaching the Private Parking Single Code of Practice (PPSCoP) after obtaining my personal data.

While the Operator may have had reasonable cause at the time of their KADOE request, their subsequent misuse of my data—through conduct that contravenes the PPSCoP—renders that use unlawful. The PPSCoP forms an integral part of the DVLA’s governance framework for data access by private parking firms. Continued access is conditional on compliance.

The DVLA, as data controller, is obliged under UK GDPR and the Data Protection Act 2018 to investigate and take enforcement action when data is misused following release. This complaint is not about whether the data was obtained lawfully at the outset, but whether its subsequent use breached the terms under which it was provided.

I have prepared a supporting statement setting out the nature of the breach and the Operator’s actions, and I request a full investigation into this matter. I have attached the supporting document.

Please acknowledge receipt and confirm the reference number for this complaint.

Then you could upload the following as a PDF file for the formal complaint itself:

SUPPORTING STATEMENT

Complaint to DVLA – Breach of KADOE Contract and PPSCoP

Operator name: Saba Park Services UK Limited
Date of PCN issue: [INSERT DATE]
Vehicle registration: [INSERT VRM]

I am submitting this complaint to report a misuse of my personal data by Saba Park Services UK Limited, who obtained my keeper details from the DVLA under the KADOE (Keeper At Date Of Event) contract.

Although the parking company may have had reasonable cause to request my data initially, the way they have used that data afterwards amounts to unlawful processing. This is because they have acted in breach of the BPA/IPC Private Parking Single Code of Practice (PPSCoP), which is a mandatory requirement for access to DVLA keeper data. The PPSCoP forms part of the framework that regulates how parking companies must behave once they have received keeper data from the DVLA.

The KADOE contract makes clear that keeper data may only be used to pursue an unpaid parking charge in line with the Code of Practice. If a parking company fails to comply with the PPSCoP after receiving DVLA data, their use of that data becomes unlawful, as they are no longer using it for a permitted purpose.

In this case, Saba Park Services UK Limited has breached the PPSCoP in the following ways:

• They pursued a registered keeper despite the location (North Greenwich Main) not being ‘relevant land’ under Schedule 4 of the Protection of Freedoms Act 2012, meaning keeper liability cannot lawfully arise.
• They issued a PCN under civil contract law only, and never claimed any statutory basis (e.g. byelaws), therefore liability lies with the driver only, who was not identified.
• They failed to respond to a detailed appeal submitted by the Keeper on 19 March 2025. Instead, they sent a generic email asking for the driver’s details and placed the charge on hold for 7 days.
• The Keeper responded by referring them back to the original appeal, but no further response or appeal decision was issued, and no POPLA code was provided, breaching Clause 8.4.1(b) and Annex C.1.1 of the PPSCoP.
• Saba then unlawfully passed the Keeper’s data to ZZPS Ltd, a debt collection agency, while the appeal remained unresolved and access to independent adjudication had not been provided.

These are not minor or technical breaches. They show a clear disregard for the standards required under the current single Code. As a result, the operator is no longer entitled to use the keeper data they obtained from the DVLA, because the purpose for which it was provided (a fair and lawful pursuit of a charge under the Code) no longer applies.

The DVLA remains the Data Controller for the data it releases under KADOE, and is therefore responsible for ensuring that personal data is not misused by third parties. This includes taking action against AOS operators who breach the conditions under which the data was provided. For the avoidance of doubt, this complaint does not concern whether Saba Park Services UK Limited had reasonable cause at the point of requesting my data. Rather, it concerns their subsequent breach of the KADOE contract in the way that data was used, contrary to the requirements of the Private Parking Single Code of Practice. I am therefore asking the DVLA to investigate this breach and to take appropriate action under the terms of the KADOE contract.

This may include:

• Confirming that a breach has occurred
• Taking enforcement action against the operator
•Suspending or terminating their KADOE access if warranted

I have attached relevant supporting material with this statement. Please confirm receipt and provide a reference for this complaint. I am also happy to provide further information if required.

Name: [INSERT YOUR NAME]
Date: [INSERT DATE]

The complaint was made to Saba and DVLA

Saba have responded:

"Please note, your Parking Charge is currently held with ZZPS for debt recovery purposes. We are not reviewing your correspondence as an appeal, instead we are reviewing your correspondence and addressing any concerns which you may have.


To provide some context, Parking Operators are able to request details of the registered keeper from the DVLA when they believe a breach of the terms and conditions of parking has taken place. Under the Protection of Freedoms Act 2012 (PoFA), Saba are able to hold the registered keeper liable for any Parking Charges when the details of the driver are unknown. To transfer liability, Saba requires a full and serviceable address for the driver; this transfer can only be made within 28 days of the Parking Charge being issued.


Please be aware that the Parking Charge was issued to you as the registered keeper of the vehicle. Your vehicle was observed as being parked within the North Greenwich Station Car Park without having obtained a valid ticket or cashless parking session; this is a breach of the terms and conditions of parking as motorists are required to obtain a valid ticket or cashless parking session when entering the car park by using either the on-site payment machine or the PaybyPhone payment service. Motorists have the opportunity to pay for parking up until 04:29 on the morning after arrival to the car park; this provides ample opportunity for motorist's to make their payment for parking.


I appreciate that you stated that the term 'North Greenwich \ Main' can not be considered relevant land. The car park is labelled as North Greenwich because it is owned by Transport for London and is the direct car park for the North Greenwich Station. There is no requirement under PoFA to include the car park's address within the Parking Charge. Saba do not issue Penalty Notices under Railway Byelaws within the car park; instead, we issue Parking Charges which are done so under the latest Private Sector Code of Practice and relates to Contract Law rather than Criminal Law.


At the entrance, and throughout the car park, there is signage which advises motorists that they are parking on private land which is managed by Saba. When a motorist enters the car park they are provided with a consideration period; this time allows motorist's to read, understand, and agree to the terms and conditions of parking before the vehicle is deemed parked. Once a vehicle is deemed parked, it is subject to all the active terms and conditions and it is the motorist's responsibility to ensure that the vehicle is parked correctly. As per our terms and conditions of parking, motorists agree to make a payment for parking by 04:29 on the morning after arrival. The driver did not adhere to our terms and conditions so a Parking Charge was correctly issued.


As the case is currently with ZZPS for debt recovery, we would advise getting in touch with them directly to discuss the case further. You can contact ZZPS using the below details:"


I expect that their response is full of holes legally, not limited to 'Saba are able to hold the registered keeper liable for any Parking Charges when the details of the driver are unknown'.  They have still not responded to the original appeal.  I'll continue to ignore ZZPS as advised (they have sent a further letter). Should I respond to Saba's email that I consider the matter closed? And issue a complaint to the BPA?

Thank you, yes the DVLA complaint was raised and I have  a case reference number from them

We've received the following apologetic email from customerservices@zzps.co.uk>, the person who sent the email coincidently has the same first name as the person who sent the response from appeals@paymyparkingcharge.com. My data appears to be freely available to any employees in Bacchus House, Addlestone, Surrey

From: Customer Services <customerservices@zzps.co.uk

Good Morning,

Thank you for your recent contact. We apologise that the account has progressed incorrectly, and we have removed the additional fees.

We have placed the account on hold for a further fourteen (14) days.

Please either provide the basis of your appeal and the reason why you feel the Parking Charge has been issued incorrectly or unfairly.

Alternatively,  please provide the full driver details so that we can provide them with the same opportunity.

Thank you,

[First Name Only]
[ZZPS contact details]


He doesn't state which 'additional fees' have been removed. I'd be more than happy to pay the original £15 ticket (which there was a genuine reason for non payment) however I don't believe that's what's being offered. Should I ignore this person from his @ZZPS address and await a response from Saba? Or refer him to my previous correspondence with Saba?

Also attached is the usual DVLA fob-off

thanks







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Thank you, step 2 has gone to DVLA today as advised

Saba have now responded as follows;

Good Afternoon,


Thank you for your response and patience whilst this has been investigated further.


Upon review, I can see that an appeal was made to the PayMyParkingChage Team; we would advise reaching out to them to obtain the outcome to your appeal. You can contact PayMyParkingCharge by using the below details:


Email: customerservices@paymyparkingcharge.com

Telephone: 01932 918 098

Office Hours: 08:30-17:30

To reiterate, the land which you were parked is private land and is not subject to byelaws. We would advise referring to signage which does not contain any information relating to Railway Byelaws. To ensure transparency, I am attaching the Landowner Consent from Transport for London which confirms Saba's authority to issue Parking Charges under the British Parking Associations Code of Practice.


As you have reached the end of our internal complaints process, we are unable to provide any further response at this time. However, all correspondence will be logged under reference [XXXXXXXXXXXX]. If you wish to escalate your complaint further, we would advise contacting the British Parking Association to raise a formal complaint. Please quote reference [XXXXXXXXXXXX] within your complaint so that the team can review all correspondence with Saba thus far. You can raise a complaint by clicking here.


Thank you for taking your time to speak with us and raise your concerns.


Kind Regards

Name


– – – – – – –

Saba UK

www.sabaparking.co.uk/faq

0330 123 5247

Transport for London Payments please call 0330 400 7275


Note the original appeal was posted recorded delivery to Saba and then sent via the appeals procedure on PayMyParkingChage.com

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