Highview PCN advice - best course of action?

jpbowley

Hi guys,

I have read a lot of information in the last few hours and as I'm losing sleep over this, I'd like to ask a couple of questions.

My spouse received a parking charge notice from Highview alleging she over stayed in a supermarket carpark. Notice dated 29th May, offence is alleged to have occurred 20th May

I have read about lots of different strategies, and wanted some advice on the best course of action.

Some forums recommend ignoring all correspondence, others recommend writing a request for information using the template letter on parking cowboys, and then a POPLA appeal.

I was thinking of going down the failure to follow POFA guidelines by failing to specify creditor. Is this recommended? Do I have to wait til the POPLA appeals stage or do we just write a letter to Highview? I quite want to put then through the hassle of a POPLA appeal but have heard if you appeal strongly directly, you may have a better chance.

Please help me to understand the best or most recommended course of action.

Thanks!

Coupon-mad

First of all, this scam fake PCN is NOTHING to lose any sleep over!

As you have the first letter from the PPC you can now appeal (we always say to not respond to windscreen PCNs - except for hire/lease/company cars - but yours wasn't that sort of fake PCN). So it's a 2 stage appeal, you have to appeal to the PPC before you can receive a rejection letter with a POPLA code or form.

If you want to put them through the embarrassment of losing at POPLA then I'd recommend a soft appeal to the PPC like this (not even saying who was driving, let alone any other details and certainly no mitigating circs). So maybe you'd favour a 'short but sweet' first challenge like this one mentioned in a Britannia pepipoo thread:

http://forums.pepipoo.com/index.php?showtopic=79309

If you prefer to start with a strong legal challenge then just adapt and use parts of this template from the Parking Cowboys' website which you will see has lots of points:

http://www.parkingcowboys.co.uk/appeal-letter/

This blog is worth a read as well, very funny and also informative in several ways:

http://parking-prankster.blogspot.co.uk/

Make sure you tell us when you get your rejection letter and whether they have given you a POPLA code at that stage. We can help you to word that stage appeal to win. As part of your challenge you'd be looking for breaches of the BPA code of practice (probably such as the wording of that letter you have now got, so keep it!) and demanding lots of evidence to be shown at POPLA.

But once you have sent off your challenge spend the next couple of weeks doing some reading about any private parking POPLA appeal cases. In the 'POPLA decisions' sticky thread - at the top of this parking forum - I think there's a Highview case successfully appealed; certainly Parking Eye cases are similar as they use cameras too so look at those sort of POPLA appeals as well.

I should add that Highview are tame and not known to try court ever - I doubt if their client Tesco would allow it - but I still no longer suggest ignoring.

We know how to beat these fake PCNs so trust us and DO NOT PAY. The 'failure to follow POFA guidelines by failing to specify creditor' point is just one single point of quite a few to include at POPLA stage. Here's a Parking Eye POPLA appeal I typed for someone on pepipoo where I post as SchoolRunMum, this was re an alleged overstay too:

http://forums.pepipoo.com/index.php?showtopic=79545&st=0&gopid=826768&

Oh - and COMPLAIN to Tesco for goodness' sake! Here's a serious rant/complaint I typed for someone yesterday, feel free to do a softer or stronger letter!

https://forums.moneysavingexpert.com/discussion/comment/61647635#Comment_61647635

This sort of extortion just for shopping is simply NOT ON is it?! The PPCs only get away with it in the UK because the public let them...

pcnhelpme

Hi all

same question as the above really but im abit sketchy with the whole appeal thing it states on the letters from highview a 'NEW LAW EFFECTIVE FROM 1ST OCTOBER 2012' does this change anything?

as per popular advice ive kinda ignored the first 2 letters but ive now got a 3rd letter and its advising that it may effect my creditfile and thats the last thing i want to happen!! is there anyway to get out of this whats been known to work so far?? the appeals process seems to be long winded and potentially not very effective

thanks

Coupon-mad

You need to start your own thread but I have answered your PM. And a PPC can't just plonk a black mark on your credit file nor 'issue a CCJ' - read this:

http://forums.pepipoo.com/index.php?showtopic=24362

and please no more questions about the new law which could just be searched on the forum in less than the time it took you to type that sentence:

https://forums.moneysavingexpert.com/discussion/4360185

I was bored with that question 'OMG they say there's a new law, is it true?' in 2012 and am even more bored now.