Highview Parking

jennifernil · 3 October 2016 at 11:00AM

Have read the "newbies" thread, so understand it is important not to identify the driver or give any personal info on here, so can I start by asking whether it is OK to talk about this "incident" using "we" and "us" to refer to the occupants of the vehicle?

Carthesis · 3 October 2016 at 11:03AM

I think you should try to avoid it.

I'd refer to "the driver" and "the passenger(s)" if it were me.

It's only Highview anyway. If you've had a postal NtK through from ANPR cameras, scrutinise it and locate the reasonss why it is likely non-compliant with POFA2012, and invite them to cancel it before you take their laughable attempt to defraud you further.

Coupon-mad · 3 October 2016 at 11:04AM

Yes that's fine to say 'we' on here in your first post - good first question, you have to play the game to win. Highview PCNs cannot hold a keeper liable as you may have seen on the other thread your posted on. Hence why a keeper appeals!

As Carthesis says, in your actual appeal, stick to the third person.

jennifernil · 3 October 2016 at 12:37PM

Thanks.

So.....we have this "charge notice", we have compared it with POFA2012, but are not sure exactly on which grounds it is non-compliant

It states "the vehicle was recorded on our client's property at"........ and then gives the name of, presumably, a car park, no address, so we initially had no idea where it referred to.

It gives the date (09/09/2016) and alleged entry and exit times.

It shows 2 photos of a car which they say show this car entering and leaving this car park, the photos show no means of identifying the location.

It states "the recorded duration of the stay was 30 minutes, and we do not have any evidence that a sufficient parking payment was made for this vehicle to cover the full duration of the visit"

It then goes on to say .......

"In accordance with the Terms and Conditions clearly and prominently displayed and agreed to when your vehicle parked on our Client's property, the payment of £100.00 is required within 28 days from the date of this Notice........."

Followed by other stuff on discount, and request to identify driver as they do not know who was driving, and the reference to "Parking Eye v Beavis"

The date of the notice is given as 15/09/2016.

I think this is a pretty standard Highview "charge notice".

On the back it has info on "how to make a payment"

Info on " appeals and complaints procedure"

It states "how to contact us"

And at the bottom there is a "charge notice payment slip"

stating "TO; Highview Parking Ltd" and a PO box address.

We believe that the car park in question may be the one referred to in this thread......

http://forums.moneysavingexpert.com/showthread.php?t=5528215

and like the OP there, we had no idea that it was a "paying car park", for the want of a better description. We did not see any of the claimed signage.

We live in Scotland, were on an extended holiday, just passing through the area and stopped to shop at Lidl, we have the Lidl receipt. As far as we can remember, there were a few other retailers served by the same car park.

Have shopped in Lidl stores all over UK and Europe and never come across one where we had to pay to park.

We just arrived home yesterday afternoon to find this among the accumulated mail, so we are almost out of time on this.

Above and in the other thread, Carthesis, you said that the Highview "charge notice" is non-compliant, so we would appreciate any pointers you, or any othe poster, can give us on this.

Coupon-mad · 3 October 2016 at 12:51PM

We live in Scotland,

Doesn't matter then about identifying the non-compliance! It is non-compliant with ENGLISH law (POFA 2012) but you have the trump card.

YOU are out of jurisdiction for the English county court and the POFA 2012 does not apply in Scotland or to people living in Scotland.

So, send the usual template from the NEWBIES thread (blue writing, please do not repeat it here - drives us mad!). You can add a line or two, saying that:

' As you can see, we stay in Scotland and we are aware that the POFA 2012 does not apply to us and we are out of jurisdiction for English Courts. We are also aware that, because the event alleged was in England, we can still have a POPLA code if you do not cancel. We strongly advise this is cancelled as you cannot win against a Scottish registered keeper appellant. '

DO NOT add anything silly suggesting who parked. You win, hands down!

Carthesis · 3 October 2016 at 3:19PM

http://forums.moneysavingexpert.com/showpost.php?p=71117396&postcount=4

The above is a link to my letter to Highview, explaining where I found their NtK to be non-compliant. Feel free to use as references / template, but be aware that the exact circumstances will not match yours, hence you should take care to adjust accordingly if you use it.

As C-M says - you live in Scotland, so you *CAN* just ignore them and their increasingly-hysterical letters begging for money. Depends if you want to have the hassle, or whether you want the quiet life.

Also, I note the NtK states "we do not have any evidence that a sufficient parking payment was made for this vehicle to cover the full duration of the visit" - well then tough. The onus is on them to prove you *DIDN'T* pay to justify the charge. You could simply respond "I paid." and then they'd be stuffed if they don't have any evidence one way or the other.

Ignore the PE vs Beavis link - it doesn't apply as you're (seemingly) in a PnD carpark. Beavis was not - it was "three hours free for customers" type affair, so not applicable to your situation.

Although - again - living in Scotland means you can just ignore this.

jennifernil · 3 October 2016 at 4:56PM

Many thanks to both of you, we did wonder if the " we live in Scotland" bit would make a big difference as I had read something about that on the forum.

Will get an e mail off to them this evening with the "blue text" plus the additional info as suggested.

Then wait to be hassled by them....we can take it!

Thanks again.

Coupon-mad · 3 October 2016 at 8:17PM

You can do POPLA and quash this as well, as it took place in England. So have fun & come back when perfecting your POPLA wording.

jennifernil · 4 October 2016 at 12:43AM

Slight problem, there is no regular e mail address on the form. Using the online appeal you have to tick to agree either that you were the driver or to confirm that you were not the driver. Without doing this you cannot progress to the appeal bit.

So looks like we will have to post it, does it need to go recorded, or is proof of posting enough?

Coupon-mad · 4 October 2016 at 1:18AM

We've seen that mentioned before, it is nasty and a trap. Yes, you can post it (2nd class stamp but with a free 'certificate of posting' receipt from your PO Counter). Not recorded or special delivery, nor just popping it in the postbox on street. Go into the PO and get a cert/receipt.

Keep the proof of posting stapled to a printed copy of the exact appeal and give them 35 days to respond as set out in the BPA code of practice.

Carthesis · 4 October 2016 at 10:17AM

The other option - which I have used - is to tick to confirm you weren't the driver, and then if it ever comes up, just state that you are unable to recall who the driver was, and the form gave no other options such as appealing as Registered Keeper.

Personally - and this may just be me as I like bits of paper, despite being a techno-person - I prefer to handle all correspondence on these matters by physical letter. It's very very very hard to argue with an actual signed bit of paper with a proof of postage receipt stapled to it.

Highview Parking

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