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  • FIRST POST
    • Culsh
    • By Culsh 21st Sep 16, 10:53 PM
    • 6Posts
    • 1Thanks
    Culsh
    Highview Parking PCN - Please Help (I have read the FAQ page)
    • #1
    • 21st Sep 16, 10:53 PM
    Highview Parking PCN - Please Help (I have read the FAQ page) 21st Sep 16 at 10:53 PM
    Hi all, I have read the FAQ page and still can't decide my best first move here.

    I have been sent a "Charge Notice" by Highview Parking (at Parkway Retail Park) which is a 2 hour maximum for staying 2 1/2 hours.

    The charge is £85 reducing to £50 if paid promptly.

    The car entered the nearly empty carpark half an hour before the two shops there shut (8pm) and then left 2 1/2 hours later. I cant see that appealing to the retailers would help the driver here, as they were shut most of the time the car was parked! On the same note, how can the landowner have lost money when everything was shut anyway.

    Is it worth trying to play on this in my appeal or should I just go ahead with the generic appeals as laid out in the FAQ section?

    Thanks all for any advice.
    Last edited by Culsh; 22-09-2016 at 7:38 PM.
Page 1
    • Coupon-mad
    • By Coupon-mad 21st Sep 16, 11:00 PM
    • 38,296 Posts
    • 49,767 Thanks
    Coupon-mad
    • #2
    • 21st Sep 16, 11:00 PM
    • #2
    • 21st Sep 16, 11:00 PM
    I cant see that appealing to the retailers will help me here as they were shut most of the time I was parked there!
    Agreed.

    On the same note, how can I have cost the landowner money when everything was shut anyway.
    Sadly, the learned Judges in the Supreme Court in the case of ParkingEye v Beavis in 2015, decided to bend/change trite law for Capita-owned ParkingEye and actually came to the astonishing finding that a poxy private parking charge can be 'justified' without any connection to any loss.

    Ridiculous and unnecessary support of a notorious industry who are all about the money! So you CANNOT argue 'no loss' now.

    Is it worth trying to play on this in my appeal or should I just go ahead with the generic appeals as laid out in the FAQ section?
    Nope, just use the template and you will get a POPLA code. Luckily for you, Highview do not use the POFA 2012 wording for keeper liability as you can see, by comparing the PCN to Schedule 4. Omissions of entire mandatory wording means they can only hold a driver liable. Hence why people here NEVER say who was driving.
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

    • Culsh
    • By Culsh 22nd Sep 16, 4:08 PM
    • 6 Posts
    • 1 Thanks
    Culsh
    • #3
    • 22nd Sep 16, 4:08 PM
    • #3
    • 22nd Sep 16, 4:08 PM
    Thanks Coupon for a very detailed reply.

    I shall go ahead with a standard appeal and obtain a POPLA code.

    Could you explain a bit more about the keeper liability wording? Will this then form the basis of my POPLA appeal?

    Thanks again
    • paulstevens64
    • By paulstevens64 22nd Sep 16, 4:47 PM
    • 7 Posts
    • 19 Thanks
    paulstevens64
    • #4
    • 22nd Sep 16, 4:47 PM
    • #4
    • 22nd Sep 16, 4:47 PM
    Hi Culsh


    One of the first things you must do is edit your first post. This is so that no one could know who was driving when the parking event occurred.

    This is key to your appeal at POPLA, so always appeal as the "keeper" of the car, and refer to the "driver" in the third person.
    • Coupon-mad
    • By Coupon-mad 22nd Sep 16, 5:27 PM
    • 38,296 Posts
    • 49,767 Thanks
    Coupon-mad
    • #5
    • 22nd Sep 16, 5:27 PM
    • #5
    • 22nd Sep 16, 5:27 PM
    Thanks Coupon for a very detailed reply.

    I shall go ahead with a standard appeal and obtain a POPLA code.

    Could you explain a bit more about the keeper liability wording? Will this then form the basis of my POPLA appeal?

    Thanks again
    Originally posted by Culsh
    Yes it will be part of your POPLA appeal. You will see examples in posts if you search this board for: 'Highview POPLA' and also if you read the recent long and detailed template POPLA appeal points added last week, to the sticky thread 'POPLA Decisions' (top of the forum).

    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

    • Culsh
    • By Culsh 22nd Sep 16, 7:39 PM
    • 6 Posts
    • 1 Thanks
    Culsh
    • #6
    • 22nd Sep 16, 7:39 PM
    • #6
    • 22nd Sep 16, 7:39 PM
    Thanks both for all your help
    • Guys Dad
    • By Guys Dad 22nd Sep 16, 8:03 PM
    • 9,349 Posts
    • 8,084 Thanks
    Guys Dad
    • #7
    • 22nd Sep 16, 8:03 PM
    • #7
    • 22nd Sep 16, 8:03 PM
    Just been helping a friend with 2 Highview parking tickets. Got the first one cancelled and the second is underway.

    They are pretty slap dash and their adherence to POFA abysmal.

    Is it possible to tell us.
    1. Date of contravention
    2. Date of NtK

    Can you post up pictures of signage and redacted NtK? Use tinypics to host the pictures and use hxxp rather that http in the link.
    • Culsh
    • By Culsh 22nd Sep 16, 8:49 PM
    • 6 Posts
    • 1 Thanks
    Culsh
    • #8
    • 22nd Sep 16, 8:49 PM
    • #8
    • 22nd Sep 16, 8:49 PM
    Thanks Guys but I'd rather not post too many specifics at this stage. The signage was pretty obscure at this car park so I will probably lean on that.

    The signage, dates and copy of NtK (even if redacted) could allow someone from the company to trace these posts to me which I'd rather avoid.
    • Coupon-mad
    • By Coupon-mad 22nd Sep 16, 8:57 PM
    • 38,296 Posts
    • 49,767 Thanks
    Coupon-mad
    • #9
    • 22nd Sep 16, 8:57 PM
    • #9
    • 22nd Sep 16, 8:57 PM
    You won't be likely to win on signage - be careful if you ad lib any lines to add to the NEWBIES thread template, just to be sure you do not imply who was driving. You don't need any other appeal and will win as keeper, at POPLA, if you use our wording for a really long POPLA appeal as you will see on other recent 2016 threads.

    It is that simple, easy to win. Highview don't pursue anyone to court and do not read forums either, AFAIK. Not a firm to worry about, not even if you appeal pretending you were bitten by a radioactive spider or are a reincarnation of Elvis:

    http://parking-prankster.blogspot.co.uk/2013/06/highview-parking-send-in-map-of-wrong.html

    http://parking-prankster.blogspot.co.uk/2013/05/highview-parking-spurred-into-immediate.html

    http://parking-prankster.blogspot.co.uk/2013/07/elvis-walks-free-map-department-fails.html

    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

    • Culsh
    • By Culsh 22nd Sep 16, 9:03 PM
    • 6 Posts
    • 1 Thanks
    Culsh
    Well now the Spiderman/Elvis appeal is going be really hard to resist...

    Thanks again Coupon will follow your advice.
    • Guys Dad
    • By Guys Dad 23rd Sep 16, 4:16 PM
    • 9,349 Posts
    • 8,084 Thanks
    Guys Dad

    The signage, dates and copy of NtK (even if redacted) could allow someone from the company to trace these posts to me which I'd rather avoid.
    Originally posted by Culsh
    Your choice.

    But do check that the dates between contravention and NtK are within 14 working days.
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