Highview Norwich Parking Notice 3.5 months after the event

Redx · 23 November 2017 at 11:30PM

nope, the original appeal was always likely to be turned down, ESPECIALLY if the drivers details were given (but it may well have been cancelled with a typical late NTK appeal, as I rewrote one for a PE pcn a couple of months ago, pointing out the POFA2012 failures)

the idea with a refusal is to get a POPLA CODE and then submit a winning popla appeal that makes them jump every remaining hurdle , so if it was an 8 hurdle race, you gave them 2 freebies and make them struggle with the other 6 hurdle

if they fail to jump just 1 hurdle , you win

Coupon-mad · 23 November 2017 at 11:35PM

It's not complex to copy the POPLA templates (already written) from the NEWBIES thread post #3.

You missed a trick by blabbing about being the driver (I HATE RESOLVER - IT IS UTTER CRAP FOR PARKING CASES!!) but you can win on the usual other grounds, you just don't appear to have read the NEWBIES thread about POPLA yet.

Denise105 · 23 November 2017 at 11:42PM

No I haven't read them... because I haven't got to POPLA yet! Until today, I hadn't heard of it,
This is all new to me and I am trying to understand it all, with a crying baby on my knee and a major work presentation to prepare for.
Thanks to all for the welcome advice. It has been very helpful.
I will read all I need to, when I have to take it to the next stage, which seems inevitable!

Denise105 · 5 December 2017 at 6:28PM

Hi,

Thanks to anyone who replied on my earlier thread today - I am now adding it to my original thread instead as requested.

Following my original post above, I have had a reply from Highview. Long story short, I appealed to Highview online as I hadn't been able to leave the car park due to gridlock traffic, so had gone over time. The notification from them also took 3 months to come through the post.

I ticked a box on the appeal to say it was my car and said my husband was driving - so I was told (on here) that that voided any attempts for me to get off the fine via the 14 day rule. I DID THIS BECAUSE I WAS UNAWARE OF THE SITUATION (I have never had a parking notification/charge before and didn't know NOT to say this)! I don't want to be chastised about this, I have come on here as I would appreciate advice from those in the know.

Today I got the email at the end of this post. I don't want to reply and say the wrong thing. Can anyone advise?

I know you will say ignore it. I can do this but does the email have any legal weight - asking for the driver details? I am scared of not replying (I want to reply and say I am not giving this information) and that is what these companies prey on (people's fear of legal action).

Does this give the possibility of me still getting out of it under the 14 day rule as they don't seem clear on who to send the notice to?

Will a POPLA code come to me automatically? I am confused about this.

Thanks very much indeed,

Denise

Dear Madam,

Thank you for your correspondence concerning your Parking Charge Notice.

The representations stated in your correspondence have been noted and considered. In order to reissue this Notice, we will require the full name and address of the driver at the time this charge was incurred.

We are placing this Notice on hold for 14 days from the date of this email to allow you to provide the evidence requested.

Yours faithfully,

Redx · 5 December 2017 at 6:36PM

ignore it and wait for a popla code to come to you

they dont know who the driver is so are phishing for the details

when you get the popla code , add the POFA2012 paragraphs into your popla appeal, because they are chasing the wrong person and as keeper you have no liability unless they complied with POFA

SO WAIT FOR A POPLA CODE AND MEANWHILE START DRAFTING YOUR POPLA APPEAL SO YOU ARE AHEAD OF THE GAME

Denise105 · 5 December 2017 at 6:40PM

Thanks very much indeed Redx. Really helpful advice. Will do that!

Redx · 5 December 2017 at 6:47PM

BTW , you told us that you had told them who was driving , so the advice given was because we believed your story

clearly you had NOT given them the details on who was driving (saying your husband does not count)

this is why they are asking for the drivers details , because they have no idea who that person actually is , no name , no address , no nothing

as keeper (and not the driver) you have no liability because they failed POFA2012 and so failed to transfer liability from DRIVER to KEEPER

IF I TOLD YOU THAT MY WIFE DROVE TO HAIRDRESSERS THIS MORNING , AND IF I TOLD YOU MY NAME, YOU WOULD HAVE NO IDEA WHAT MY WIFE`S DETAILS ARE

some people call their husband HUSBAND even if there is no legal marriage certificate

so any future POPLA appeal will contain what I said earlier PLUS the pofa2012 paragraphs about non-compliance with the NTK

Denise105 · 5 December 2017 at 8:52PM

Thanks again Redx. I am feeling more confident that I have a case now.

I didn't realise (or really stop to consider) the fact that I hadn't actually given them my husband's name or address - I guess I just saw it more that I had accepted 'we' were there and accepted liability in some way. I now see why this is not the case.

However, what concerns me is I did tick a box at the start of the appeal - I can't remember what the two options were, but from what I have read on other threads one was to say I was the driver. I think I said yes (automatically without thinking - it was my car and I usually drive it). During my appeal details I then explained that my husband was driving whilst I was still in the retail park. I stated in my appeal text that I couldn't change the box I have ticked at the start.

Now I am left with two questions:
Does that fact they are now asking for my husbands details mean they are accepting that I wasn't the driver. You can't really answer this - it is just on my mind. Or will they say in the end, that I ticked that box early on.

Reading through the other Highview appeals, which have been cancelled quickly due to the 14 days elapsing before the notice was received, can I not reply to this request and say I am not giving the details of the driver, as they didn't keep the pofa2012 rules and ask them to cancel it? Or, because I have started an appeal, I have to wait now for my POPLA appeal?

Sorry for the questions and thanks in advance for your help. It is appreciated.

Denise

Redx · 5 December 2017 at 9:43PM

its all smoke and mirrors really , and they think they have a naive blabbermouth keeper who is likely to name the driver despite them failing POFA because they have labelled you as a mug

the other appeals were as keeper using the template which they know only too well , especially if it had an extra paragraph about them failing pofa 2012 in it

like in here minus the clause #13 paragraph

http://forums.moneysavingexpert.com/showthread.php?p=73242562

in simple terms

you admitted being there but not as driver

so they have said , ok well pay up or name the driver

now you sit and wait and do not name the driver , because they have no idea what that persons name and address is

if you fail to name the driver they will say you are liable under POFA2012

but as they failed POFA2012 you have a "golden ticket" for a popla appeal

ie:- keeper not liable as HV failed pofa2012 m`lud

sit on your hands and wait , but as I said , put your focus and energy into a winning popla appeal

Umkomaas · 5 December 2017 at 9:45PM

Reading through the other Highview appeals, which have been cancelled quickly due to the 14 days elapsing before the notice was received, can I not reply to this request and say I am not giving the details of the driver, as they didn't keep the pofa2012 rules and ask them to cancel it?

You can try it. Parking companies are not all blessed with the sharpest knives in the drawer.

Why not try the standard NEWBIES FAQ sticky, post #1 blue text template, then add a final paragraph stating that as they’ve failed to meet the strict requirements of PoFA by serving an ANPR NtK beyond the 14 days to invoke Keeper Liability (quote the total number of days they have taken), the registered keeper cannot be held liable. As you are under absolutely no obligation to provide the driver’s details, nor are you going to, you suggest they cancel the ticket with immediate effect.

Any failure to do so will not only result in you making formal complaints to Mr Steve Clark of the BPA and Mr David Dunford of the DVLA, but you will be taking counsel advice on issuing legal proceedings against Highview Parking for the following:

* Harassment under the Protection from Harassment Act 1997 - Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 and, should further communications not cease (other than to confirm cancellation)

* Breach of the Data Protection Act Principles - Halliday v. Creation Consumer Finance Limited, [2013] EWCA Civ 333 and Google v. Vidal-Hall[2015] EWCA Civ 311 are the relevant authorities.

PPCs have been previously stung for a DPA breach, so HV may not want to face the potential of that pain.

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

Highview Norwich Parking Notice 3.5 months after the event

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free