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  • FIRST POST
    • SamP92
    • By SamP92 20th Nov 17, 4:21 PM
    • 8Posts
    • 2Thanks
    SamP92
    HighView Parking Appeal Rejected - Guidance to Appealing to POPLA
    • #1
    • 20th Nov 17, 4:21 PM
    HighView Parking Appeal Rejected - Guidance to Appealing to POPLA 20th Nov 17 at 4:21 PM
    Okay, so I need some helping appealing a penalty charge from HighView Parking as my direct appeal was rejected, so here's some detail.

    I am a named driver on my partners car and used a car park close to her work to meet her and pick her up. I never actually left the car at any point or was parked in a bay.

    My partner has received a letter as they are the keeper with a charge notice, however I was driving at the time. On the notice from HighView Parking the car is pictured from an ANPR camera entering and leaving the car park with the recorded duration of my stay (19 minutes) stated.

    Appeal to HighView
    Now I was not aware of appealing threads before contacting HIghView and my appeal was as followed

    "To Whom it regards, I am writing to you on 13th November 2017 and I want to appeal a fine I received at Marsh Street Car Park in Stoke-on-Trent on 20/10/2017. My name is *** ********and I was the driver of the Volkswagen Polo (**** ***) during this time, the owner of this vehicle is my partner (****** *******). I have recently been using my partner’s car to pick her up from work at 5pm and have been using the car park as a meeting point, hence why I left the car park at 4:58pm on this incident. I have been out of work for a few months and have had to use my partner’s car to travel to and from job interviews, which is the reason for me using her car to pick her up from work. When on the car park I never left the car and my sole purpose of the visit was to be somewhere where I could pick my partner up from work, which is a completely honest mistake on my part. As I have only just received the notice for the first time that this would have occurred (20/10/2017) I expect that I will receive a few more letters where this has occurred at a similar time, which has again been an honest mistake. I appeal to your better nature to understand that all the incidents were all a complete honest mistake and understanding the consequences of my actions I would never act this way again. Yours faithfully"

    To which I got this reply today....


    "Dear Sir/Madam,

    Thank you for your correspondence concerning your Parking Charge Notice.

    The PCN was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations.

    Clear signs at the entrance of this site and throughout inform drivers of the terms and conditions that apply there, and it is not possible to access any part of the premises without passing multiple signs. The fact that you were unaware of the restrictions that are in place is not considered a mitigating circumstance for appeal.

    In light of this, on this occasion, your representations have been carefully considered and rejected.

    We can confirm that we will hold the charge at the current rate of £50.00 for a further 14 days from the date of this correspondence.

    ----------
    You have now reached the end of our internal appeals procedure.

    Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this letter. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge. To appeal to POPLA, please go to their website and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork. Your POPLA reference number is: .

    Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you will no longer qualify for payment at the reduced rate.

    By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

    Yours faithfully,

    Highview Parking LTD.


    Now I understand that my internal appeal was quite soft but I do feel that the charge is unfair due to the car never actually being parked up, for which they have no evidence, as well as the signs not being as clear as stated in their reply to my appeal.

    I have had a read through some of the stuff mentioned in the NEWBIE area but as I have not done something like this before a lot of it is quite hard to understand and I feel that I could do with some assistance personal to my case. Could anyone assist me with regards to whether I have a case to appeal to POPLA or where I should go from here?

    Any help would be much appreciated!!
    Last edited by SamP92; 20-11-2017 at 5:54 PM. Reason: Confidentiality
Page 2
    • Umkomaas
    • By Umkomaas 20th Nov 17, 10:09 PM
    • 15,956 Posts
    • 24,760 Thanks
    Umkomaas
    just because you've had a bad day,
    I can assure you it takes much more than this for me to have a bad day. My experience of a Ďbad dayí you might not even be able to imagine.

    I'm not quite sure why you felt the need to single me out
    I didnít Ďsingle you outí, Iíd make the same comments to anyone who seemed to be (in my view) clutching at straws in terms of their approach to their problem - especially as itís HV youíre dealing with. Be thankful it isnít ParkingEye, CEL or an IPC operator youíre tangling with. You need to trust people who do this stuff daily.

    I could take some advice from this thread rather than starting my own. if that's ok with you?
    Whether or not itís ok with me is irrelevant, itís not ok with forum prerequisites. One case, one thread is a given; jumping in on otherís threads can take it way off track - as this one is in danger of sliding down that greasy pole.

    Start your own thread, then you might get help, but I expect regulars might be wary - and there are so many others who need help who donít cut up rough with any comment that doesnít suit.
    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.
    • pogofish
    • By pogofish 21st Nov 17, 2:10 AM
    • 7,936 Posts
    • 8,058 Thanks
    pogofish
    just because you've had a bad day, you don't need to start taking out someone you don't know on an internet forum. I only have a few posts on here and 99% of them are looking for genuine help. I'm not quite sure why you felt the need to single me out when I asked the OP to post up his initial appeal to POPLA. It looks to me like he has a very similar situation to myself and potentially I could take some advice from this thread rather than starting my own. if that's ok with you?
    Originally posted by dave.w
    Hey! - You agreed to a few things before posting here - Which are intended to inform you properly, save work/repetition on a very busy board, put you in the best position to help yourself and to get you the best specific advice for your individual situation, without messing things-up for other posters.

    Completely ignoring them won't get you the help you want/need.
    • Guys Dad
    • By Guys Dad 21st Nov 17, 6:54 PM
    • 10,253 Posts
    • 9,388 Thanks
    Guys Dad
    just because you've had a bad day, you don't need to start taking out someone you don't know on an internet forum. I only have a few posts on here and 99% of them are looking for genuine help. I'm not quite sure why you felt the need to single me out when I asked the OP to post up his initial appeal to POPLA. It looks to me like he has a very similar situation to myself and potentially I could take some advice from this thread rather than starting my own. if that's ok with you?
    Originally posted by dave.w
    Dave - I would advise taking Coupon Mad's advice re POPLA appeal letter. As I wrote in my earlier post, I think this OP has little chance of a positive POPLA verdict so their choice will boildown to paying the lower charge or toughing it out to see if the PPC goes to court after the PPC wins at POPLA,

    Hopefully, you didn't make the same initial mistakes with your appeal to Highview and it is probable that the ongoing advice to you may be different. I would suggest you do start your own thread if you need more help with your POPLA appeal and get specific advice.

    As an aside, best not to bite the hands that may have been willing to feed you.
    • Coupon-mad
    • By Coupon-mad 21st Nov 17, 7:45 PM
    • 51,855 Posts
    • 65,486 Thanks
    Coupon-mad
    I have exactly the same circumstances as the original poster, so would be very interested if you could post up your inital appeal to POPLA
    Originally posted by dave.w
    Don't copy the first appeal this OP did. That's why he's having to go through POPLA.

    and before you starting banging on about reading the newbie thread, I have.
    Originally posted by dave.w
    If so, and if you used the blue template from that thread, you'll have had a cancellation email from Highview the same day?
    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.

    • Coupon-mad
    • By Coupon-mad 21st Nov 17, 8:17 PM
    • 51,855 Posts
    • 65,486 Thanks
    Coupon-mad
    however if I don't stand any real chance of winning and end up in a worse situation, I would prefer to pay the charge and draw a line under it.
    You do not stand little chance of winning at POPLA.

    You will not end up in a worse situation.

    You will not be paying this charge (but if you receive more, appeal them as KEEPER, to make it nice & easy).

    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.

    • SamP92
    • By SamP92 22nd Nov 17, 11:55 AM
    • 8 Posts
    • 2 Thanks
    SamP92
    All you help and advice is much appreciated as I am doing my best with the situation and wont be so naive in the future, so here is an update:

    I have decided not to appeal to POPLA and pay the initial £50 fine, due to it being the lesser of two evils. Going through court is not my preferred choice when I have definitely shot myself in the foot with my appeal.

    Now, my partner has today received another charge notice through the post. Where do I stand with this appeal and future appeals considering what I stated in my previous appeal as well as the response from HighView Parking

    Notably:
    I refer to future occasions where a similar incident happened
    "As I have only just received the notice for the first time that this would have occurred (20/10/2017) I expect that I will receive a few more letters where this has occurred at a similar time, which has again been an honest mistake"

    HighView Parking say "on this occasion, your representations have been carefully considered and rejected"


    Appeal to HighView
    Now I was not aware of appealing threads before contacting HIghView and my appeal was as followed

    "To Whom it regards, I am writing to you on 13th November 2017 and I want to appeal a fine I received at Marsh Street Car Park in Stoke-on-Trent on 20/10/2017. My name is *** ********and I was the driver of the Volkswagen Polo (**** ***) during this time, the owner of this vehicle is my partner (****** *******). I have recently been using my partner’s car to pick her up from work at 5pm and have been using the car park as a meeting point, hence why I left the car park at 4:58pm on this incident. I have been out of work for a few months and have had to use my partner’s car to travel to and from job interviews, which is the reason for me using her car to pick her up from work. When on the car park I never left the car and my sole purpose of the visit was to be somewhere where I could pick my partner up from work, which is a completely honest mistake on my part. As I have only just received the notice for the first time that this would have occurred (20/10/2017) I expect that I will receive a few more letters where this has occurred at a similar time, which has again been an honest mistake. I appeal to your better nature to understand that all the incidents were all a complete honest mistake and understanding the consequences of my actions I would never act this way again. Yours faithfully"

    To which I got this reply today....


    "Dear Sir/Madam,

    Thank you for your correspondence concerning your Parking Charge Notice.

    The PCN was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations.

    Clear signs at the entrance of this site and throughout inform drivers of the terms and conditions that apply there, and it is not possible to access any part of the premises without passing multiple signs. The fact that you were unaware of the restrictions that are in place is not considered a mitigating circumstance for appeal.

    In light of this, on this occasion, your representations have been carefully considered and rejected.

    We can confirm that we will hold the charge at the current rate of £50.00 for a further 14 days from the date of this correspondence.

    ----------
    You have now reached the end of our internal appeals procedure.

    Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this letter. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge. To appeal to POPLA, please go to their website and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork. Your POPLA reference number is: .

    Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you will no longer qualify for payment at the reduced rate.

    By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

    Yours faithfully,

    Highview Parking LTD.
    • Redx
    • By Redx 22nd Nov 17, 11:59 AM
    • 16,937 Posts
    • 21,072 Thanks
    Redx
    TREAT EACH ONE SEPARATELY

    JUST BECAUSE YOU WERE DRIVING ONE DAY , THEY CANNOT INFER THAT THE DRIVER WAS YOU ON ALL THE OTHER OCCASIONS

    each appeal should be done as KEEPER, separately , using the blue text template from the NEWBIES sticky thread
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 22nd Nov 17, 12:43 PM
    • 51,855 Posts
    • 65,486 Thanks
    Coupon-mad
    Now, my partner has today received another charge notice through the post. Where do I stand with this appeal and future appeals considering what I stated in my previous appeal as well as the response from HighView Parking
    As Redx says, the keeper who received the letter simply appeals electronically, using the forum template (blue writing in the NEWBIES thread post #1).

    If a letter or email asks who was driving, ignore it and wait. Hopefully a cancellation email will arrive, no need for POPLA.

    Even if a rejection comes, as the appellant is the keeper, they WIN at POPLA. And that's because Highview don't use the wording in that PCN letter, to hold a keeper liable. Their choice, we win!
    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 22nd Nov 17, 12:48 PM
    • 15,956 Posts
    • 24,760 Thanks
    Umkomaas
    I have decided not to appeal to POPLA and pay the initial £50 fine, due to it being the lesser of two evils. Going through court is not my preferred choice when I have definitely shot myself in the foot with my appeal.
    HighView have never ever stepped into any courtroom in the UK. Why on earth do you think that of over half a million motorists ticketed by HV in the past 3 years that your case is so special, so valuable to them that you will be the only one ever to be singled out?

    http://www.bmpa.eu/companydata/Highview_Parking.html

    Itís never going to happen - so what stokes your fears sufficiently to the point of incredulity to simply hand them £50?
    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.
    • SamP92
    • By SamP92 22nd Nov 17, 1:11 PM
    • 8 Posts
    • 2 Thanks
    SamP92
    HighView have never ever stepped into any courtroom in the UK. Why on earth do you think that of over half a million motorists ticketed by HV in the past 3 years that your case is so special, so valuable to them that you will be the only one ever to be singled out?


    Itís never going to happen - so what stokes your fears sufficiently to the point of incredulity to simply hand them £50?
    Originally posted by Umkomaas
    As I have said previously, I had little/no knowledge of dealing with private car parking companies prior to this experience. I understand that a lot of people are a lot more clued up in this area than myself, so somethings that may be obvious to others aren't so much to me

    I had not seen this information previously, nor was I aware that I could access it and I am learning every day at the minute.

    I'm not the first or last person to be sent a charge through the post and feel like I've made a massive mistake for doing so
    • SamP92
    • By SamP92 22nd Nov 17, 6:15 PM
    • 8 Posts
    • 2 Thanks
    SamP92
    Okay so trying to go through the appeal process from the keeper's point of view but before I can appeal I am faced with a multiple choice question which won't let me go any further before answering namely:

    Tick here to confirm that you were the driver and that the PCN you have received contains the correct information
    Tick here to confirm that you were not the driver or that the PCN you have received contains incorrect information
    • Redx
    • By Redx 22nd Nov 17, 6:21 PM
    • 16,937 Posts
    • 21,072 Thanks
    Redx
    if you are appealing it as keeper, its the latter , INCORRECT INFORMATION

    only a fool would tick the DRIVER box, unless there was an EXTREMELY GOOD AND VALID LEGAL REASON for doing so (which is usually unlikely , maybe 1 in 100)

    ps:- the same question was asked and answered earlier today in this other HIGHVIEW thread

    http://forums.moneysavingexpert.com/showthread.php?t=5748268
    Last edited by Redx; 22-11-2017 at 6:31 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • SamP92
    • By SamP92 22nd Nov 17, 6:30 PM
    • 8 Posts
    • 2 Thanks
    SamP92
    Yeah appealing as the keeper, understood, didn't make sense the first time it was written. Will update you with developments
    • SamP92
    • By SamP92 1st Dec 17, 4:48 PM
    • 8 Posts
    • 2 Thanks
    SamP92
    Cheers for all your help just received a reply!

    Dear Madam,
    Thank you for your correspondence.

    Further to your representations, we have investigated your claims and can confirm that your notice has subsequently been cancelled in full.

    Yours faithfully,

    Highview Parking LTD.

    • Redx
    • By Redx 1st Dec 17, 4:56 PM
    • 16,937 Posts
    • 21,072 Thanks
    Redx
    well done , and thanks for following our advice
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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