Highview parking , post Oct 2012

tinhps

Hi,
Apologies for maybe not following all the possible threads on this subject. I had a similar experience to many and in search for advice found this forum and took the advice posted by many to ignore the PCN. I have now received a debt recovery letter and as the company involved is a member of BPA, I can continue to ignore the demands or appeal to POPLA. Having researched POPLA, my reasons for appeal do dot fall into their categories on their website so my only options is to continue to ignore it. I did not tell the company my reasons for not wanting to pay the charge although to appeal to POPLA I should have done this initially The vehicle involved in this "contravention" was on loan and I have no way of identifying the vehicle as I have no knowledge of the Registration number. The company has obtained my details from the vehicle owner who did inform me of his action, but as the owner has several vehicles which are available for loan, I have no knowledge or proof that the vehicle in question was driven by myself. Is the onus on me to prove that I was not the driver having been named as such by the owner?
Where do I stand legally please?

The_Slithy_Tove

You're well beyond any appeals stage, it would seem. Therefore your only recourse is to keep on ignoring all the fake-debt collectors, fake solicitors etc.

ONLY take action if genuine court papers arrive. Then come back and get help constructing a defence.

BTW, POPLA option 4 is ALWAYS an option - i.e. not liable to the charge. Don't worry about their made up categories if you ever get another of these tickets.

Coupon-mad

Ooooh what a shame, another poster who 'researched POPLA' but didn't actually appeal and perhaps thought the tick box 'I am not liable for the parking charge' somehow doesn't apply when quite clearly it would have done if you'd appealed in time and sent in some strong appeal points against the 'charge'.

http://parking-prankster.blogspot.co...e-in-your.html

That link explains that POPLA will consider ANY grounds of appeal, of course!

Probably too late now though UNLESS THIS IS THE VERY FIRST LETTER YOU HAVE BEEN SENT? If not, just ignore and file all the letters in a drawer marked 'scam' unless you actually get real small claim papers (open all letters just to check it's the usual drivel). Highview don't do Court so 'highly' unlikely of course but we do have to warn people never to ignore a speculative small claim sneaked in after junk mail!

You can enjoy ignoring and filing rubbish junk mail for months now, from Debt Recovery Plus and Zenith (same firm different letterheading on the paper):

http://lmgtfy.com/?q=highview+debt+recovery+plus

And no it doesn't affect your credit rating, no they can't come knocking, yes it's a scam and no you don't have to respond at all:

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

If this was the very first letter sent to you (is it called a Notice to Driver?) then it's not too late to challenge it so please let us know.

HTH

hoohoo

If the vehicle was on loan to you, then you are the 'keeper' as defined by POFA 2012 (which is different from the Registered Keeper), and should have had a Notice to Keeper between 28 and 56 days from the original incident.

If you did not, then you as keeper are not liable, and Highview can only pursue the driver.

You could if you wish point this out to them. Their appeals process does not specify a time limit, so you can now appeal to them and then appeal to POPLA if they turn you down. If they try and impose an arbitrary time limit on their appeals, you can point out to them that the appeals process on their instructions does not have a time limit, and that they cannot therefore retrospectively invent one.