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Saba/ZZPS/AS Appeals at railway
ninthtoe
post Mon, 2 Dec 2019 - 15:10
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Hi am 4 months into a supposed offence. at start of August at railway station, supposed non-payment
Originally communicatied with Saba and then just have received refusal from AS Appeals (not repying to my requests/questions just refusing)
Am replying as RK and have not identified the driver
The vehicle is regularly parked there and paid for, the saba app is totally flakey (and no mobile signal at the station until 5 miles up the line)
Question is do I try and go to POPLA now (is thatt he next step?) or just wait this out?
Latest letter has given me 28 days = end December, so that will be about 1 month to go until 6 months are up
Thanks
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post Mon, 2 Dec 2019 - 15:10
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Sheffield Dave
post Mon, 2 Dec 2019 - 15:31
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POPLA isn't an option. You just want to keep them busy until the 6 months is up. Towards the end of the 28 days, write to Saba pointing out that as you are the registered keeper, you can't be held liable and that they should therefore cancel the ticket. They'll refuse of course. Then you ask them what clause in the byelaws allows them to make the RK liable, given that "RK" isn't even mentioned in the byelaws. And so on till the clock runs out.
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Gary Bloke
post Mon, 2 Dec 2019 - 21:42
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AS (Appeals Service = ITAL) is the second appeal process as used by SABA. They don't use POPLA. You are probably now too late to appeal, but makes no difference since ITAL are paid by SABA, so they reject most appeals anyway - to retain their business with SABA. Ignore all letters from SABA, ITAL and ZZPS unless they are actually taking you to court. After 6 months the prosecution window closes and the threatening letters will stop.
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nosferatu1001
post Tue, 3 Dec 2019 - 09:34
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Did they call it a penalty charge or a parking charge? Be precise.
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ninthtoe
post Mon, 10 Feb 2020 - 11:29
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Hi: thanks for help on this.
It is now 6 months since the date of he supposed offence (6th August 2019)
I have continued to receive letters from ZZPS (about every 2 weeks) and most recently QDR solicitors (2 in the last week - I suspect due to the approaching deadline?!)
This has gone up to £182 but no mention of any legal process their letter references just Penalty notice # for "failing to obtain a valid ticket"
Can you advice how/if I send a letter informing them of the 6 month period to cancel this? thanks
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The Rookie
post Mon, 10 Feb 2020 - 12:03
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If the letter from QDR says to pay ZZPS it's actually ZZPS writing using QDRs letterhead (with permission).

Why bother writing, just file.


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ninthtoe
post Mon, 10 Feb 2020 - 12:21
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Thanks, yes it says ZZPS, so its them with letterhead , I would like to stop the letters ideally. as its my wife who is the registered keeper and she doesnt enjoy opening them (!)

This post has been edited by ninthtoe: Mon, 10 Feb 2020 - 12:22
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nosferatu1001
post Mon, 10 Feb 2020 - 13:02
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Youre not going to be able to stop them unless you pay. Theyre just letters.

Did it say PENALTY or PARKING charge on the original notice? you never answered that.
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ninthtoe
post Tue, 11 Feb 2020 - 15:42
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Hi orginal letter said Penalty Notice

I thought that after 6 months they had to stop pestering?
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Gary Bloke
post Tue, 11 Feb 2020 - 16:03
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They should stop pestering you after 6 months. Some people have received letters towards the end of the 6 month period, claiming that a civil debt is owed and that they might be pursued in a Country Court. If you get one of these you can write back and point out it's a Byelaws penalty, so there is no "debt", and they cannot change to contract law after initially stating it was a Byelaws offence.
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nosferatu1001
post Tue, 11 Feb 2020 - 16:21
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What told you they HAVE to stop pestering you? WHat law or regulation states that?
That the *penalty* cannot be recovered doesnt alter this....
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ninthtoe
post Thu, 20 Feb 2020 - 12:20
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Thanks for replies and reminders about being precise with my language ! Its now over 6 months after the original date (6/8/2019). QDR are sending weekly letters. SO this may be useful info for others that these continue beyond 6 months. Attach an example from today. We willl continue to ignore.

http://imageshack.com/a/img924/1897/pLAeSg.jpg



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ManxRed
post Thu, 20 Feb 2020 - 12:45
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I'd be tempted to report QDR to the Solicitors Regulation Authority.

They ought to know full well, that this was a penalty issued under byelaws, and as such, no conviction at a Magistrate's Court has occurred, and cannot now occur as it has timed out.

The upshot of this is that there is no debt, and there can never be one. QDR know this, but are simply chancing their arm to see if they can frighten you into paying up.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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The Rookie
post Thu, 20 Feb 2020 - 13:12
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I'm with MR here.

A complaint to the SRA, plus also a complaint to the data controller at SABA that they are continuing to process your data by now deciding that the original penalty notice was a parking charge all along, contrary to the specific advice from the DVLA.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Gary Bloke
post Thu, 20 Feb 2020 - 13:17
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This post has been edited by Gary Bloke: Thu, 20 Feb 2020 - 13:40
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