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  • FIRST POST
    • PSH999
    • By PSH999 3rd Mar 17, 11:40 AM
    • 2Posts
    • 11Thanks
    PSH999
    Highview PCN overturned on first appeal
    • #1
    • 3rd Mar 17, 11:40 AM
    Highview PCN overturned on first appeal 3rd Mar 17 at 11:40 AM
    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.''
Page 1
    • Coupon-mad
    • By Coupon-mad 3rd Mar 17, 9:13 PM
    • 49,942 Posts
    • 63,345 Thanks
    Coupon-mad
    • #2
    • 3rd Mar 17, 9:13 PM
    • #2
    • 3rd Mar 17, 9:13 PM
    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 DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • honest guv
    • By honest guv 31st Mar 17, 12:38 PM
    • 85 Posts
    • 19 Thanks
    honest guv
    • #3
    • 31st Mar 17, 12:38 PM
    • #3
    • 31st Mar 17, 12:38 PM
    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.
    • Coupon-mad
    • By Coupon-mad 31st Mar 17, 1:58 PM
    • 49,942 Posts
    • 63,345 Thanks
    Coupon-mad
    • #4
    • 31st Mar 17, 1:58 PM
    • #4
    • 31st Mar 17, 1:58 PM
    You win the prize this week!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Vincenzo1971
    • By Vincenzo1971 7th May 17, 8:55 AM
    • 6 Posts
    • 4 Thanks
    Vincenzo1971
    • #5
    • 7th May 17, 8:55 AM
    • #5
    • 7th May 17, 8:55 AM
    Sorry guys, just to clarify: all this happened in England and Wales?
    • Standishdale
    • By Standishdale 8th May 17, 2:00 PM
    • 10 Posts
    • 15 Thanks
    Standishdale
    • #6
    • 8th May 17, 2:00 PM
    • #6
    • 8th May 17, 2:00 PM
    It says Watford so guess so.
    • Vincenzo1971
    • By Vincenzo1971 8th May 17, 9:02 PM
    • 6 Posts
    • 4 Thanks
    Vincenzo1971
    • #7
    • 8th May 17, 9:02 PM
    • #7
    • 8th May 17, 9:02 PM
    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.
    Last edited by Vincenzo1971; 09-05-2017 at 9:25 AM. Reason: Update of the case
    • soki91
    • By soki91 12th May 17, 11:11 AM
    • 12 Posts
    • 20 Thanks
    soki91
    • #8
    • 12th May 17, 11:11 AM
    • #8
    • 12th May 17, 11:11 AM
    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
    • Coupon-mad
    • By Coupon-mad 12th May 17, 11:17 PM
    • 49,942 Posts
    • 63,345 Thanks
    Coupon-mad
    • #9
    • 12th May 17, 11:17 PM
    • #9
    • 12th May 17, 11:17 PM
    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
    Originally posted by soki91
    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 DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • soki91
    • By soki91 17th May 17, 11:22 AM
    • 12 Posts
    • 20 Thanks
    soki91
    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.
    • safarmuk
    • By safarmuk 17th May 17, 3:00 PM
    • 453 Posts
    • 849 Thanks
    safarmuk
    Best. Thread. Ever.

    It's the race for who can get the quickest ever first appeal cancellation ... (excluding non-office hours of course!)
    • Umkomaas
    • By Umkomaas 17th May 17, 8:06 PM
    • 14,484 Posts
    • 22,781 Thanks
    Umkomaas
    Best. Thread. Ever.

    It's the race for who can get the quickest ever first appeal cancellation ... (excluding non-office hours of course!)
    Originally posted by safarmuk
    But still 22 hours adrift of the fastest!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • susancs
    • By susancs 28th Jun 17, 4:27 PM
    • 3,794 Posts
    • 3,667 Thanks
    susancs
    Thank you so much OP, I copied and pasted your statement onto the PCN appeal for Highview parking for my daughter who overstayed in a carpark by 53 minutes ( £85 reduced to £50 if paid within 14 days) Today we got an email saying the PCN was cancelled with no further action. It was not 2 hours but took 3 days. However it did say on the email of receipt of appeal that they were experiencing high volumes at the moment.
    • Coupon-mad
    • By Coupon-mad 29th Jun 17, 2:21 PM
    • 49,942 Posts
    • 63,345 Thanks
    Coupon-mad
    Hilarious, high volumes of people telling them their PCns are worth diddly squat!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • lee_p
    • By lee_p 28th Jul 17, 10:30 AM
    • 2 Posts
    • 0 Thanks
    lee_p
    This may sound like an obvious question, but when i go to the appeals page (online) for a PCN from CP Plus, it gives you two options:

    Tick here to confirm that you were the driver and that the PCN you have received contains the correct information

    or

    Tick here to confirm that you were not the driver or that the PCN you have received contains incorrect information

    I'm presuming that the latter is the one to select?
    • waamo
    • By waamo 28th Jul 17, 11:01 AM
    • 2,011 Posts
    • 2,429 Thanks
    waamo
    The latter. This is a thread about Highview, why ask questions about CP Plus? If you have any other questions you are best starting your own thread otherwise it will get very confusing.
    This space for hire.
    • lee_p
    • By lee_p 28th Jul 17, 11:07 AM
    • 2 Posts
    • 0 Thanks
    lee_p
    Apologies! I came here via a link from another thread. I got the wrong one! Sorry again.
    • acmanc
    • By acmanc 29th Jul 17, 10:29 PM
    • 3 Posts
    • 0 Thanks
    acmanc
    Were you successful with your appeal?
    • Coupon-mad
    • By Coupon-mad 30th Jul 17, 12:13 AM
    • 49,942 Posts
    • 63,345 Thanks
    Coupon-mad
    Everyone is, against Highview, using this appeal.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Jono763
    • By Jono763 25th Aug 17, 2:07 PM
    • 1 Posts
    • 0 Thanks
    Jono763
    Would the appeal template work when you get a ticket when driving a hire vehicle?

    As I'm not officially the 'keeper' of the vehicle does the reasoning behind the appeal still hold water?
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