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  • FIRST POST
    • Denise105
    • By Denise105 23rd Nov 17, 3:40 PM
    • 20Posts
    • 6Thanks
    Denise105
    Highview Norwich Parking Notice 3.5 months after the event
    • #1
    • 23rd Nov 17, 3:40 PM
    Highview Norwich Parking Notice 3.5 months after the event 23rd Nov 17 at 3:40 PM
    This is my first post on here....I sometimes find the appeals process and the expertise some of you have a little overwhelming....so do be kind!

    I received a parking charge from Highview for Riverside Norwich - I parked there on the 9th August and got the letter on the 22nd Nov! I know someone else asked today, on the other Norwich thread, about the 14 day notice period and I have looked at the sticky thread but I just don't see a clear answer to it!

    Are they in breach of anything, notifying me this late?

    I have stupidly appealed via Highview online and also via Resolver and I have said who was driving. I didn't have time to do lots of research first, I just wanted to lodge my appeal. Don't judge...baby crying and hands full when I got the letter.

    Any info or advice welcome.

    TIA
Page 1
    • chubbzilla
    • By chubbzilla 23rd Nov 17, 3:52 PM
    • 9 Posts
    • 3 Thanks
    chubbzilla
    • #2
    • 23rd Nov 17, 3:52 PM
    • #2
    • 23rd Nov 17, 3:52 PM
    Hi Denise105,

    I had a similar situation recently with Highview Parking...waited 35min in a car park and got fined £95!. My appeal was rejected by Highview as well. Have they given you a POPLA code yet?

    Please see my post at hxxp://forums.moneysavingexpert.com/showthread.php?p=73421377#post73421377 (Mods could you activate my link?)

    On the basis the PCN didn't arrive in your hands within the 14-day period breaches the Protection of Freedom Acts (POFA) 2012 Schedule 4 legislation. Schedule 4, paragraph 9, sub-paragraphs 4-6. The Act states the following:

    9

    (4)The notice must be given by—

    (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

    (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

    (5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

    (6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

    Additionally, as confirmed by Coupon-Mad on the forum thread linked, Highview tickets are typically Non-POFA 2012 compliant, meaning that there is no mention of the Protection of Freedom Acts (POFA) 2012 and no mention of keeper liability. You can reject the PCN on that basis as well.

    Thanks,
    Last edited by chubbzilla; 23-11-2017 at 4:01 PM.
    • KeithP
    • By KeithP 23rd Nov 17, 6:00 PM
    • 4,731 Posts
    • 3,066 Thanks
    KeithP
    • #3
    • 23rd Nov 17, 6:00 PM
    • #3
    • 23rd Nov 17, 6:00 PM
    Here's the link to Chubbzilla's thread: http://forums.moneysavingexpert.com/showthread.php?p=73421377#post73421377


    But Chubbzilla, Denise105 has already admitted who was driving.

    So all that PoFA stuff about transferring liability to the keeper is irrelevant in her case.
    .
    • Denise105
    • By Denise105 23rd Nov 17, 7:10 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    • #4
    • 23rd Nov 17, 7:10 PM
    Thank-you
    • #4
    • 23rd Nov 17, 7:10 PM
    Thank-you very much for such a useful and detailed reply re: the 14 days notice period. So it looks like I should be able to contest that if nothing else.
    I don't have a POPLA code yet as have only just appealed.
    • KeithP
    • By KeithP 23rd Nov 17, 7:22 PM
    • 4,731 Posts
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    KeithP
    • #5
    • 23rd Nov 17, 7:22 PM
    • #5
    • 23rd Nov 17, 7:22 PM
    Thank-you very much for such a useful and detailed reply re: the 14 days notice period. So it looks like I should be able to contest that if nothing else.
    Originally posted by Denise105
    Sadly Denise, that is to do with transferring liability to the keeper.
    As you have already told them who the driver is, the fact that the NtK took more than fourteen days to reach you is unimportant.

    Wait patiently for your appeal to be rejected.
    This situation is probably salvageable at the PoPLA appeal stage.
    Last edited by KeithP; 23-11-2017 at 8:23 PM.
    .
    • Denise105
    • By Denise105 23rd Nov 17, 10:07 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    • #6
    • 23rd Nov 17, 10:07 PM
    Thank-you
    • #6
    • 23rd Nov 17, 10:07 PM
    Sadly Denise, that is to do with transferring liability to the keeper.
    As you have already told them who the driver is, the fact that the NtK took more than fourteen days to reach you is unimportant.

    Wait patiently for your appeal to be rejected.
    This situation is probably salvageable at the PoPLA appeal stage.
    Originally posted by KeithP
    Thank-you.
    Under what grounds will I be able to appeal again then, at the next stage? If you don't mind me asking.
    • Denise105
    • By Denise105 23rd Nov 17, 10:16 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    • #7
    • 23rd Nov 17, 10:16 PM
    • #7
    • 23rd Nov 17, 10:16 PM
    Sorry, one more question, if I get my appeal rejected (which I fully expect) outside the two week window in which i can pay the reduced fee, can I still pay that lower price?
    • Redx
    • By Redx 23rd Nov 17, 10:22 PM
    • 16,895 Posts
    • 20,992 Thanks
    Redx
    • #8
    • 23rd Nov 17, 10:22 PM
    • #8
    • 23rd Nov 17, 10:22 PM
    Thank-you.
    Under what grounds will I be able to appeal again then, at the next stage? If you don't mind me asking.
    Originally posted by Denise105
    NO CONTRACT WITH LANDOWNER
    NO CONTRACT WITH DRIVER
    POOR AND INADEQUATE SIGNAGE
    BPA CoP failures (if any)
    not the same as BEAVIS

    had you stayed as keeper it was a slam dunk win due to HIGHVIEW having failed POFA2012 so spectacularly

    we have has maybe a dozen this week and similar PARKING EYE failures over the last few months

    you can see the points in post #23 here http://forums.moneysavingexpert.com/showthread.php?t=5747908&page=2 , but not 1) and 2) due to blabbing about being the driver
    Last edited by Redx; 23-11-2017 at 10:26 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
    • Ralph-y
    • By Ralph-y 23rd Nov 17, 10:24 PM
    • 2,392 Posts
    • 2,917 Thanks
    Ralph-y
    • #9
    • 23rd Nov 17, 10:24 PM
    • #9
    • 23rd Nov 17, 10:24 PM
    "Thank-you.
    Under what grounds will I be able to appeal again then, at the next stage? If you don't mind me asking."

    there are lots ...

    you need to have a read through the newbies thread ....

    http://forums.moneysavingexpert.com/showthread.php?t=4816822

    "Sorry, one more question, if I get my appeal rejected (which I fully expect) outside the two week window in which i can pay the reduced fee, can I still pay that lower price?"

    forget the bribe and pay £0.00

    Highgate should be easy to beat at POPLA if you follow the forum advice

    good luck

    Ralph
    • Denise105
    • By Denise105 23rd Nov 17, 10:28 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    had you stayed as keeper it was a slam dunk win due to HIGHVIEW having failed POFA2012 so spectacularly

    I am so annoyed with myself. I had no idea until I started looking into it. This is how they get people.

    Does it matter, that I haven't mentioned these issues in my original appeal?

    Thanks
    • Denise105
    • By Denise105 23rd Nov 17, 10:29 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    Ralph-y - I have read through it but have found it pretty complex (and I am not stupid)!

    I will have to have another look when I hear back from Highview and look at my next move.
    • Redx
    • By Redx 23rd Nov 17, 10:30 PM
    • 16,895 Posts
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    Redx
    nope, the original appeal was always likely to be turned down, ESPECIALLY if the drivers details were given (but it may well have been cancelled with a typical late NTK appeal, as I rewrote one for a PE pcn a couple of months ago, pointing out the POFA2012 failures)

    the idea with a refusal is to get a POPLA CODE and then submit a winning popla appeal that makes them jump every remaining hurdle , so if it was an 8 hurdle race, you gave them 2 freebies and make them struggle with the other 6 hurdle

    if they fail to jump just 1 hurdle , you win
    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 23rd Nov 17, 10:35 PM
    • 51,672 Posts
    • 65,330 Thanks
    Coupon-mad
    It's not complex to copy the POPLA templates (already written) from the NEWBIES thread post #3.

    You missed a trick by blabbing about being the driver (I HATE RESOLVER - IT IS UTTER CRAP FOR PARKING CASES!!) but you can win on the usual other grounds, you just don't appear to have read the NEWBIES thread about POPLA yet.
    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.

    • Denise105
    • By Denise105 23rd Nov 17, 10:42 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    No I haven't read them... because I haven't got to POPLA yet! Until today, I hadn't heard of it,
    This is all new to me and I am trying to understand it all, with a crying baby on my knee and a major work presentation to prepare for.
    Thanks to all for the welcome advice. It has been very helpful.
    I will read all I need to, when I have to take it to the next stage, which seems inevitable!
    • Denise105
    • By Denise105 5th Dec 17, 5:28 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    Update and advice welcome
    Hi,

    Thanks to anyone who replied on my earlier thread today - I am now adding it to my original thread instead as requested.

    Following my original post above, I have had a reply from Highview. Long story short, I appealed to Highview online as I hadn't been able to leave the car park due to gridlock traffic, so had gone over time. The notification from them also took 3 months to come through the post.

    I ticked a box on the appeal to say it was my car and said my husband was driving - so I was told (on here) that that voided any attempts for me to get off the fine via the 14 day rule. I DID THIS BECAUSE I WAS UNAWARE OF THE SITUATION (I have never had a parking notification/charge before and didn't know NOT to say this)! I don't want to be chastised about this, I have come on here as I would appreciate advice from those in the know.

    Today I got the email at the end of this post. I don't want to reply and say the wrong thing. Can anyone advise?

    I know you will say ignore it. I can do this but does the email have any legal weight - asking for the driver details? I am scared of not replying (I want to reply and say I am not giving this information) and that is what these companies prey on (people's fear of legal action).

    Does this give the possibility of me still getting out of it under the 14 day rule as they don't seem clear on who to send the notice to?

    Will a POPLA code come to me automatically? I am confused about this.

    Thanks very much indeed,

    Denise


    Dear Madam,

    Thank you for your correspondence concerning your Parking Charge Notice.

    The representations stated in your correspondence have been noted and considered. In order to reissue this Notice, we will require the full name and address of the driver at the time this charge was incurred.

    We are placing this Notice on hold for 14 days from the date of this email to allow you to provide the evidence requested.

    Yours faithfully,
    • Redx
    • By Redx 5th Dec 17, 5:36 PM
    • 16,895 Posts
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    Redx
    ignore it and wait for a popla code to come to you

    they dont know who the driver is so are phishing for the details

    when you get the popla code , add the POFA2012 paragraphs into your popla appeal, because they are chasing the wrong person and as keeper you have no liability unless they complied with POFA

    SO WAIT FOR A POPLA CODE AND MEANWHILE START DRAFTING YOUR POPLA APPEAL SO YOU ARE AHEAD OF THE GAME
    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
    • Denise105
    • By Denise105 5th Dec 17, 5:40 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    Thanks very much indeed Redx. Really helpful advice. Will do that!
    • Redx
    • By Redx 5th Dec 17, 5:47 PM
    • 16,895 Posts
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    Redx
    BTW , you told us that you had told them who was driving , so the advice given was because we believed your story

    clearly you had NOT given them the details on who was driving (saying your husband does not count)

    this is why they are asking for the drivers details , because they have no idea who that person actually is , no name , no address , no nothing

    as keeper (and not the driver) you have no liability because they failed POFA2012 and so failed to transfer liability from DRIVER to KEEPER

    IF I TOLD YOU THAT MY WIFE DROVE TO HAIRDRESSERS THIS MORNING , AND IF I TOLD YOU MY NAME, YOU WOULD HAVE NO IDEA WHAT MY WIFE`S DETAILS ARE

    some people call their husband HUSBAND even if there is no legal marriage certificate

    so any future POPLA appeal will contain what I said earlier PLUS the pofa2012 paragraphs about non-compliance with the NTK
    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
    • Denise105
    • By Denise105 5th Dec 17, 7:52 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    Thanks again Redx. I am feeling more confident that I have a case now.

    I didn't realise (or really stop to consider) the fact that I hadn't actually given them my husband's name or address - I guess I just saw it more that I had accepted 'we' were there and accepted liability in some way. I now see why this is not the case.

    However, what concerns me is I did tick a box at the start of the appeal - I can't remember what the two options were, but from what I have read on other threads one was to say I was the driver. I think I said yes (automatically without thinking - it was my car and I usually drive it). During my appeal details I then explained that my husband was driving whilst I was still in the retail park. I stated in my appeal text that I couldn't change the box I have ticked at the start.

    Now I am left with two questions:
    Does that fact they are now asking for my husbands details mean they are accepting that I wasn't the driver. You can't really answer this - it is just on my mind. Or will they say in the end, that I ticked that box early on.

    Reading through the other Highview appeals, which have been cancelled quickly due to the 14 days elapsing before the notice was received, can I not reply to this request and say I am not giving the details of the driver, as they didn't keep the pofa2012 rules and ask them to cancel it? Or, because I have started an appeal, I have to wait now for my POPLA appeal?

    Sorry for the questions and thanks in advance for your help. It is appreciated.

    Denise
    • Redx
    • By Redx 5th Dec 17, 8:43 PM
    • 16,895 Posts
    • 20,992 Thanks
    Redx
    its all smoke and mirrors really , and they think they have a naive blabbermouth keeper who is likely to name the driver despite them failing POFA because they have labelled you as a mug

    the other appeals were as keeper using the template which they know only too well , especially if it had an extra paragraph about them failing pofa 2012 in it

    like in here minus the clause #13 paragraph

    http://forums.moneysavingexpert.com/showthread.php?p=73242562

    in simple terms

    you admitted being there but not as driver

    so they have said , ok well pay up or name the driver

    now you sit and wait and do not name the driver , because they have no idea what that persons name and address is

    if you fail to name the driver they will say you are liable under POFA2012

    but as they failed POFA2012 you have a "golden ticket" for a popla appeal

    ie:- keeper not liable as HV failed pofa2012 m`lud

    sit on your hands and wait , but as I said , put your focus and energy into a winning popla appeal
    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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