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  • FIRST POST
    • yinhong
    • By yinhong 4th Apr 17, 4:18 AM
    • 135Posts
    • 14Thanks
    yinhong
    Only have receipt from store adjacent to car park
    • #1
    • 4th Apr 17, 4:18 AM
    Only have receipt from store adjacent to car park 4th Apr 17 at 4:18 AM
    Hi,

    I have read the stickies and the main MSE article but I still wasn't sure what to do in my situation, so hoping someone can help. I'll be as succinct as i can:

    I've received a PCN from Highview, which states I parked at Riverside Norwich retail car park for 3 hours when the limit is 2 hours.

    Whilst that is true, there were several mitigating factors:
    1) I had a severely disabled child who couldn't stop vomiting so me and my wife spent 1.5 hours trying to stop her from choking (she has a tracheostomy tube that needs suctioning to keep her airway clear).
    2) we also had a 4 month old baby that needed breastfeeding.
    3) it was peak time on a Saturday afternoon and it took ridiculously long to exit the car park. I'm not sure the exact length of time but it was easily half an hour and I would bet that it was over an hour.

    My understanding from the articles and posts I've read is that I should contact one of the retail stores, ideally present them with a purchase receipt, and politely demand they cancel the PCN. However, the only receipt I have is from Morrisons which is within the same retail park but across the road from the car park I was in ie they are not part of the same car park.

    In this case what should I do? I'm guessing Morrisons won't have the authority to cancel my ticket as they aren't officially in the same car park as the one I parked in. But if I contact one of the stores in which I did park in, I don't have a receipt to prove I shopped there!

    What does forum members think I should do, in your experience?
Page 1
    • Johnersh
    • By Johnersh 4th Apr 17, 8:18 AM
    • 736 Posts
    • 1,370 Thanks
    Johnersh
    • #2
    • 4th Apr 17, 8:18 AM
    • #2
    • 4th Apr 17, 8:18 AM
    Write a letter of appeal.

    (1) The queue point should be easily identifiable from CCTV and volume of exiting vehicles. That is a collateral point.

    (2) The major point is of course your child's profound disability. The BPA parking code (to which highview are subscribed as an accredited operator) permits medical staff to park and to provide emergency medical treatment. As your child's primary carers (medical and parental) I don't see that this situation is any different.

    (3) The Equalities Act also requires reasonable adaptation/provision for those with disabilities. Here that provision should be that you were less able to leave on time.

    (4) Finally, the receipt point may be resolved if you paid for any item on a payment card, the transaction (albeit not items purchased) can then be evidenced with a bank statement. Please provide a photocopy only with your card number/ sort code deleted and other transactions/payment amounts deleted if you adopt this final course as it is obviously confidential and at risk of abuse.

    Good luck with it all.
    • yinhong
    • By yinhong 4th Apr 17, 8:39 AM
    • 135 Posts
    • 14 Thanks
    yinhong
    • #3
    • 4th Apr 17, 8:39 AM
    • #3
    • 4th Apr 17, 8:39 AM
    Thank you so much for your reply. To whom should I write to?
    • Umkomaas
    • By Umkomaas 4th Apr 17, 8:50 AM
    • 15,906 Posts
    • 24,670 Thanks
    Umkomaas
    • #4
    • 4th Apr 17, 8:50 AM
    • #4
    • 4th Apr 17, 8:50 AM
    What you are angling for is a POPLA code from Highview. Ordinarily, mitigating circumstances have no positive effect for the result of the initial appeal. In fact by providing a mitigating appeal there is a real danger of identifying the driver (which removes a vital protection for the keeper).

    You can try the above (post #2) approach to see if there is any heart beating at HV, but frankly, don't be disappointed by their response.

    HV are extremely unlikely to have access to CCTV, only ANPR, which just snapshots your VRM plate.

    Get your POPLA code, research winning POPLA appeals, none of which will be focused on mitigating circumstances, regardless of their level of seriousness.
    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.
    • Coupon-mad
    • By Coupon-mad 4th Apr 17, 12:41 PM
    • 51,747 Posts
    • 65,385 Thanks
    Coupon-mad
    • #5
    • 4th Apr 17, 12:41 PM
    • #5
    • 4th Apr 17, 12:41 PM
    Here you go, this thread from last week:

    http://forums.moneysavingexpert.com/showthread.php?t=5626017

    Job done - see if you can beat the 'Highview PCN cancellation record' of 2 hours flat!
    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.

    • yinhong
    • By yinhong 4th Apr 17, 3:15 PM
    • 135 Posts
    • 14 Thanks
    yinhong
    • #6
    • 4th Apr 17, 3:15 PM
    • #6
    • 4th Apr 17, 3:15 PM
    Fantastic, sorry I should've done a forum search first.

    About to submit my appeal online but the first page asks me to pick one of the two following options before I can proceed:

    1) Tick here to confirm that you were the driver and that the PCN you have received contains the correct information
    2) Tick here to confirm that you were not the driver or that the PCN you have received contains incorrect information

    Which one shall I tick?
    • yinhong
    • By yinhong 4th Apr 17, 3:16 PM
    • 135 Posts
    • 14 Thanks
    yinhong
    • #7
    • 4th Apr 17, 3:16 PM
    • #7
    • 4th Apr 17, 3:16 PM
    Scratch that, having thought about it I realise I should obviously pick option 2
    • yinhong
    • By yinhong 4th Apr 17, 3:23 PM
    • 135 Posts
    • 14 Thanks
    yinhong
    • #8
    • 4th Apr 17, 3:23 PM
    • #8
    • 4th Apr 17, 3:23 PM
    15:20 - appeal submitted. Start the stopwatch (and keeping my fingers crossed!)

    For reference, I copied the appeal verbatim from this thread:
    http://forums.moneysavingexpert.com/showthread.php?t=5612169

    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.''
    • yinhong
    • By yinhong 6th Apr 17, 11:40 AM
    • 135 Posts
    • 14 Thanks
    yinhong
    • #9
    • 6th Apr 17, 11:40 AM
    • #9
    • 6th Apr 17, 11:40 AM
    It took 24 hours but it was cancelled! Thank you so much for your help. Hope this thread helps others too.

    Dear Sir,

    Thank you for your correspondence. With reference to the Parking Charge Notice issued to the above vehicle, 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
    • Coupon-mad
    • By Coupon-mad 6th Apr 17, 1:13 PM
    • 51,747 Posts
    • 65,385 Thanks
    Coupon-mad
    LOL! Another quick one!
    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.

    • Umkomaas
    • By Umkomaas 6th Apr 17, 1:18 PM
    • 15,906 Posts
    • 24,670 Thanks
    Umkomaas
    Niiiiiice! Well done yinhong.
    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.
    • rabialiones
    • By rabialiones 17th Jul 17, 9:26 AM
    • 1,704 Posts
    • 210 Thanks
    rabialiones
    well , i submitted appeal on 1/6/2017
    and recieved following confirmation
    Thank you for your appeal submitted via our website.
    Further action on your Parking Charge Notice has been put on hold - please wait to hear from us.
    We aim to write back to you within 14 working days, but certainly no more than 35 days after your representation is received.
    Please note that we are currently receiving a high volume of correspondence. While we are making every effort to respond to appeals in as timely a manner as possible, this process will be greatly assisted by you refraining from sending follow-up emails before you have received our response. The fact that you have received this auto response means that we have received your appeal, and will answer it as soon as possible. You will never be asked to pay a charge at a higher rate due to any delay on our part, and will always be given the opportunity to settle it at the rate it was at when we received your appeal.
    Payment of your notice can be made by credit card on the automated payment line: 0844 371 8784, or by cheque or Postal Order sent to: PO Box 3573, Barnet, EN5 9QA


    i have not heard from them again, and have not contacted them either.

    any suggestions as to what may happen next or will they have exceeded their time limit of 35 days, as it does not say working days.
    Nice to save.
    • Half_way
    • By Half_way 17th Jul 17, 9:33 AM
    • 3,875 Posts
    • 5,460 Thanks
    Half_way
    have you contacted the landowner?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Umkomaas
    • By Umkomaas 17th Jul 17, 9:39 AM
    • 15,906 Posts
    • 24,670 Thanks
    Umkomaas
    well , i submitted appeal on 1/6/2017
    and recieved following confirmation
    Thank you for your appeal submitted via our website.
    Further action on your Parking Charge Notice has been put on hold - please wait to hear from us.
    We aim to write back to you within 14 working days, but certainly no more than 35 days after your representation is received.
    Please note that we are currently receiving a high volume of correspondence. While we are making every effort to respond to appeals in as timely a manner as possible, this process will be greatly assisted by you refraining from sending follow-up emails before you have received our response. The fact that you have received this auto response means that we have received your appeal, and will answer it as soon as possible. You will never be asked to pay a charge at a higher rate due to any delay on our part, and will always be given the opportunity to settle it at the rate it was at when we received your appeal.
    Payment of your notice can be made by credit card on the automated payment line: 0844 371 8784, or by cheque or Postal Order sent to: PO Box 3573, Barnet, EN5 9QA


    i have not heard from them again, and have not contacted them either.

    any suggestions as to what may happen next or will they have exceeded their time limit of 35 days, as it does not say working days.
    Originally posted by rabialiones
    Why are you jumping in on this thread? This case has been resolved. You need to open a new thread of your own please.
    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.
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