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Highview PCN overturned on first appeal
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PSH999
Posts: 2 Newbie
Thought I would post this as it might help others? I received a PCN yesterday for parking at Waterfields retail park in Watford and appealed on-line. 2 hours later I got an email saying the PCN had been cancelled. I have copied the text below.
Dear Sir,
Thank you for your correspondence concerning your Parking Charge Notice.
After reviewing our data and in view of the representations made in connection with its issue, we can confirm that we have decided to cancel this notice and no further action is to be taken.
Yours faithfully,
Highview Parking Limited
Appeal text below.
I am appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party. The PCN makes no attempt to pass liability to the keeper after 28 days. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured.
There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person. As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4.
This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA Assessor Carly Law found: ''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.''
Dear Sir,
Thank you for your correspondence concerning your Parking Charge Notice.
After reviewing our data and in view of the representations made in connection with its issue, we can confirm that we have decided to cancel this notice and no further action is to be taken.
Yours faithfully,
Highview Parking Limited
Appeal text below.
I am appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party. The PCN makes no attempt to pass liability to the keeper after 28 days. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured.
There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person. As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4.
This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA Assessor Carly Law found: ''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.''
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Comments
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Result!
Well done - 2 hours flat is close to a record for Highview to skedaddle! They really hate it when a keeper susses they don't use the POFA.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Copied this appeal verbatim. Sent last night about 6.30. PCN cancelled this morning at 10.32.
Assuming office was closed from 5.00 last night, and reopened this morning at 9.00, does that make it 1 hour 32 mins??? Do I win?
Thanks PSH999 - you made this very easy.0 -
You win the prize this week!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Sorry guys, just to clarify: all this happened in England and Wales?0
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It says Watford so guess so.0
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Thanks, sorry I've just missed that bit. I was wondering after reading that in England and Wales the registered keeper is considered responsible. But later I studied more on this topic, OK.
At the moment I am in talks with Tesco HQ Customer Service (no luck at all with the duty managers in store, with them very bad experience all in all), I am trying to let them ask the cancellation of a ticket issued from Highview Parking for staying a bit more than the allowed 3 hrs. Very loyal customer of that store, spent good money that very day so trust all will be OK. Their letter is reporting just another exceeding of time in 5 months so definitely is not a misuse or an abuse. If that won't work, I'll definitely use this way of appeal and of course will let you know more details.
Thanks in advance for this great work!
Edit: called the Tesco's central customer service (the right number is 01382 227820), operator briefly checked my Clubcard transaction and ticket was cancelled on the spot! No need to appeal, ticket cancelled. He told me that managers in store don't have any way to deal with these cancellation so better to not waste time with them and call straight the number.0 -
Hello,
I have received a parking charge notice from highview for overstaying by 28 minutes. To those who appealed using the template here. When you appealed did you go via the appeal pcn website? Just checking incase you have an email address. When you go online it asks you to confirm if you were the driver. Thanks0 -
Hello,
I have received a parking charge notice from highview for overstaying by 28 minutes. To those who appealed using the template here. When you appealed did you go via the appeal pcn website? Just checking incase you have an email address. When you go online it asks you to confirm if you were the driver. Thanks
No it doesn't, it offers two options and you choose the second one. Discussed loads of times on Highview threads.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks to those who have been very helpful on this post. I used the template provided. I was successful in my appeal. Ticket was cancelled within 24hr.0
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Best. Thread. Ever.
It's the race for who can get the quickest ever first appeal cancellation ... (excluding non-office hours of course!)0
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