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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 2
    • Umkomaas
    • By Umkomaas 5th Dec 17, 8:45 PM
    • 15,878 Posts
    • 24,615 Thanks
    Umkomaas
    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?
    You can try it. Parking companies are not all blessed with the sharpest knives in the drawer.

    Why not try the standard NEWBIES FAQ sticky, post #1 blue text template, then add a final paragraph stating that as they’ve failed to meet the strict requirements of PoFA by serving an ANPR NtK beyond the 14 days to invoke Keeper Liability (quote the total number of days they have taken), the registered keeper cannot be held liable. As you are under absolutely no obligation to provide the driver’s details, nor are you going to, you suggest they cancel the ticket with immediate effect.

    Any failure to do so will not only result in you making formal complaints to Mr Steve Clark of the BPA and Mr David Dunford of the DVLA, but you will be taking counsel advice on issuing legal proceedings against Highview Parking for the following:

    * Harassment under the Protection from Harassment Act 1997 - Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 and, should further communications not cease (other than to confirm cancellation)

    * Breach of the Data Protection Act Principles - Halliday v. Creation Consumer Finance Limited, [2013] EWCA Civ 333 and Google v. Vidal-Hall[2015] EWCA Civ 311 are the relevant authorities.

    PPCs have been previously stung for a DPA breach, so HV may not want to face the potential of that pain.

    http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html
    Last edited by Umkomaas; 05-12-2017 at 8:52 PM.
    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.
    • Redx
    • By Redx 5th Dec 17, 8:49 PM
    • 16,895 Posts
    • 20,995 Thanks
    Redx
    this is Highview but they are as bad as each other , lol

    if following the above advice , remove the clause #13 paragraph from this link http://forums.moneysavingexpert.com/showthread.php?p=73242562

    and add anything else you wish to warn them off as keeper

    the golden rule is

    do not name the driver or imply who was driving , but you seem to have got away with it so far
    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
    • Umkomaas
    • By Umkomaas 5th Dec 17, 8:55 PM
    • 15,878 Posts
    • 24,615 Thanks
    Umkomaas
    this is Highview but they are as bad as each other , lol
    Cheers Red. I’ve adjusted my post - so now it’s Highview - like magic!
    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.
    • Denise105
    • By Denise105 5th Dec 17, 10:10 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    Many thanks. Much appreciated.
    I will await the next stage but prepare for it.
    • Umkomaas
    • By Umkomaas 5th Dec 17, 10:14 PM
    • 15,878 Posts
    • 24,615 Thanks
    Umkomaas
    Many thanks. Much appreciated.
    I will await the next stage but prepare for it.
    Originally posted by Denise105
    Are you not going to whack in another appeal - HV normally capitulate when faced with a forum appeal. Get this over with as soon as possible.
    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.
    • nigelbb
    • By nigelbb 6th Dec 17, 3:07 AM
    • 1,940 Posts
    • 2,690 Thanks
    nigelbb
    You can be reassured that Highview have never taken anyone to court over unpaid parking charges http://www.bmpa.eu/companydata/Highview_Parking.html

    While past performance is no guarantee of future results it is extremely unlikely that you will be selected for Highview's first court case.
    • Denise105
    • By Denise105 6th Dec 17, 9:49 AM
    • 20 Posts
    • 6 Thanks
    Denise105
    I am really sorry I my reply (about waiting for the POPLA code) crossed with the other posts saying give it a go now with a reply their request for the driver info! I was using my Iphone and it it is all a bit clunky and hadn't refreshed.

    I will try it for sure, today.

    Do I reply to the email they sent, with the advised text? Sorry to ask such a simple question?
    • Umkomaas
    • By Umkomaas 6th Dec 17, 9:52 AM
    • 15,878 Posts
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    Umkomaas
    I would just send it in ‘cold’, not referring to anything previously. It might not work, but nothing lost ......
    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.
    • Denise105
    • By Denise105 6th Dec 17, 9:57 AM
    • 20 Posts
    • 6 Thanks
    Denise105
    Thanks, there is an appeals system on line that you have to log into, not sure if I can do that as mine is an active appeal, do you have any advice on the best place to send it to - customer services?....off to google it now.
    • Umkomaas
    • By Umkomaas 6th Dec 17, 10:01 AM
    • 15,878 Posts
    • 24,615 Thanks
    Umkomaas
    Sorry, no I don’t have any other info on that.
    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.
    • Denise105
    • By Denise105 6th Dec 17, 10:25 AM
    • 20 Posts
    • 6 Thanks
    Denise105
    Done - I will keep you updated.
    Thank-you
    • Denise105
    • By Denise105 7th Dec 17, 10:57 AM
    • 20 Posts
    • 6 Thanks
    Denise105
    Ok so, some news. Got this today from Resolver (I filled it in on the day of I got the notice). Not sure if this actually stands and means it has been cancelled and whether yesterday's communication had any bearing (this seems to be in response to my resolver appeal rather than my complaint re POFA2012). It is promising....


    Dear Sir/Madam,

    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 on this occasion as a gesture of good will we have decided to cancel this notice and no further action is to be taken.

    Yours faithfully,

    Highview Parking
    • Umkomaas
    • By Umkomaas 7th Dec 17, 11:00 AM
    • 15,878 Posts
    • 24,615 Thanks
    Umkomaas
    Yep, that’s a standard HV cancellation notice. Job done it seems.

    as a gesture of good will
    Isn’t that so generous of them, maybe it’s because we are now in the season of good will.

    As Jim Royle would say, ‘Good will my arse’!
    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.
    • Denise105
    • By Denise105 7th Dec 17, 11:03 AM
    • 20 Posts
    • 6 Thanks
    Denise105
    That did make me smile too!! Gesture of good will to me for their crazy business practices!

    Do I need direct word from them do you think?
    • Umkomaas
    • By Umkomaas 7th Dec 17, 11:15 AM
    • 15,878 Posts
    • 24,615 Thanks
    Umkomaas
    Do I need direct word from them do you think?
    If they’re going to send anything direct to you, they will. I don’t think they’d respond to a request from you.

    Hang on to what you’ve got from Resolver. Relax and have a good Christmas.
    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.
    • Denise105
    • By Denise105 7th Dec 17, 12:20 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    Thank-you and you.

    A big thanks for all the help and support on this forum. Without it, I would have just paid the money! My husband certainly wanted me to!

    Thanks again.
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