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#Post#: 95143--------------------------------------------------
Penalty Notice from Saba for not paying for parking
By: mrfence Date: October 22, 2025, 7:01 am
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Received a 'penalty notice by post notice to owner' from Saba
this morning (22/10), though dated (16/10), for not paying for
parking in a station car park on 9/10.
The driver parks there once or twice a week and is in the habit
of paying on the app as they walk to the platform. There is no
auto-pay feature.
Looking at the app, there is no record of the driver paying for
parking on that day. This is baffling as paying is part of their
routine and they do have a train ticket which is something they
also buy at the same time.
The driver doesn't recall getting an error on the app, so can
only assume that for some reason they forgot to pay.
My question is whether there is any merit in requesting some
discretion due to human error?
If so, are there any key phrases to include or avoid?
When they changed their app, they had issues on the first day so
the driver was charged three times due to it giving an error
when it was actually processing the payment. Saba gave a refund,
but the driver didn't charge them £60 for their mistake!
[img width=537
height=738]
HTML https://i.postimg.cc/NFjDB4vy/Saba-Parking-Fine-Oct25.jpg[/img]
#Post#: 95145--------------------------------------------------
Re: Penalty Notice from Saba for not paying for parking
By: DWMB2 Date: October 22, 2025, 7:03 am
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Welcome to FTLA.
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
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>
#Post#: 95153--------------------------------------------------
Re: Penalty Notice from Saba for not paying for parking
By: mrfence Date: October 22, 2025, 8:00 am
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Thanks, have updated the original post and put in an image of
the notice.
#Post#: 95154--------------------------------------------------
Re: Penalty Notice from Saba for not paying for parking
By: jfollows Date: October 22, 2025, 8:09 am
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See
HTML https://www.ftla.uk/private-parking-tickets/800-parking-tickets-completely-unjust-where-do-i-stand-england/msg89074/#msg89074
[quote] Do nothing. SABA have 6 months in which to lay
information before a magistrate. They won’t, because there is no
money in it for them as any “fine” would go to the public purse,
not SABA.
However, they will tell you that if you don’t pay it, they will
issue a county court claim for the alleged debt. They can’t,
because you cannot prosecute a statutory offence in the county
court.
It is all part of a giant scam that should be reported to the
police (not Action Fraud) as the Penalty Notices are instruments
of fraud and an illegal attempt to extort money from you under
the false pretence that you are criminally liable.
If they were ever so stupid as to try this on, either in the
magistrates court or the county court, they would be spit to
strict proof of their standing to issue Penalty Notices.
You cannot prosecute a safely ignore all debt recovery letters.
Debt collectors, just like SABA, are powerless to actually do
anything in this case beyond making unlawful threats in the hope
that you are low-hanging fruit on the gullible tree and are
likely to pay up out of ignorance and fear.
Keep us updated on their responses. We don’t need to see any
debt recovery letters but any correspondence from SABA
themselves must be kept as evidence of their illegal activity,
especially if they threaten debt recovery through the county
court for a Penalty Notices are.[/quote]
#Post#: 95156--------------------------------------------------
Re: Penalty Notice from Saba for not paying for parking
By: jfollows Date: October 22, 2025, 8:36 am
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Discretion won’t work, these people only want your money and can
only be challenged on technicalities.
In this case, the only sanction is a prosecution for an offence
covered by byelaws. Saba can’t do this, and even if they could
they wouldn’t get any money.
Whatever you do, don’t hurry because the original offence can’t
be prosecuted after six months anyway.
#Post#: 95169--------------------------------------------------
Re: Penalty Notice from Saba for not paying for parking
By: b789 Date: October 22, 2025, 9:35 am
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You appeal on day 27 after the date of the alleged contravention
with the following, but ONLY as the Keeper of the vehicle:
[quote]I am the Registered Keeper. My details are:
[indent]Full name: [ ]
Postal address: [ ][/indent]
This location is subject to Railway Byelaws and is not “relevant
land” for PoFA 2012; you cannot transfer liability to the
keeper. POPLA is not competent for Byelaws matters and is not a
TOC approved Independent Appeals Body (IAB).
You now have the keeper’s details. You therefore have no
“reasonable cause” to obtain them from DVLA. Any DVLA request
would be unnecessary and unlawful, contrary to UK GDPR Article
5(1)(c) (data minimisation) and without a valid Article 6 basis.
If you believe an offence occurred, lay an information before
the magistrates under the Single Justice Procedure within six
months. Otherwise, erase my data when no longer necessary for
this purpose.
As to any further demands, I refer you to the response given in
Arkell v Pressdram (1971).[/quote]
That is all you need. Nothing will ever come of this but you
have to go through the motions. Come back when they reject the
appeal and show us the wording.
From November, SABA and APCOA will not be allowed to issue
Penalty Notices for railway bylaw breaches as criminal offences.
They are going to be required to only issue Parking Charge
Notices (PCNs) for civil breach of contract by the driver.
#Post#: 95380--------------------------------------------------
Re: Penalty Notice from Saba for not paying for parking
By: mrfence Date: October 24, 2025, 4:04 am
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Thanks for the advice.
I'll send that over on day 27.
Just to be clear, is it 27 days after the alleged offence or 27
days after the date on the penalty notice?
#Post#: 95381--------------------------------------------------
Re: Penalty Notice from Saba for not paying for parking
By: jfollows Date: October 24, 2025, 4:10 am
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The last post says
[quote]You appeal on day 27 after the date of the alleged
contravention[/quote]
#Post#: 95396--------------------------------------------------
Re: Penalty Notice from Saba for not paying for parking
By: InterCity125 Date: October 24, 2025, 5:57 am
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The original notice was a notice by post so keeper details have
already been obtained from the DVLA.
#Post#: 95462--------------------------------------------------
Re: Penalty Notice from Saba for not paying for parking
By: b789 Date: October 24, 2025, 1:16 pm
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Ah, yes. My bad. I was under the assumption this was a
windscreen PN. Never mind.
You should still appeal just before the deadline with the
following:
[quote]I am the Keeper. This location is subject to Railway
Byelaws and is not “relevant land” for PoFA 2012; you cannot
transfer liability to the keeper. POPLA is not competent for
Byelaws matters and is not a TOC approved Independent Appeals
Body (IAB).
If you believe an offence occurred, lay an information before
the magistrates under the Single Justice Procedure within six
months. Otherwise, erase my data when no longer necessary for
this purpose.
As to any further demands, I refer you to the response given in
Arkell v Pressdram (1971).[/quote]
This will not be prosecuted, no matter what they threaten.
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