Highview Parking aren't giving me a POPLA code

FionaCat

Hiya

Registered cause I saw help to people. I got a letter through from HighviewParking after I parked a bit too long (oops lol).

Did a google and said to either ignore, ignore, ignore, or do an appeal thingy with POPLA.

So, I wrote to Highview Parking saying blah blah, I'm not liable, blah blah, give me a POPLA code to appeal (it says on the POPLA site "I am not liable for the parking charge" is a good reason.)

So, HighviewParking write back saying that blah blah there is no requirement for us to give you a POPLA code unless you give a full written appeal to them blah blah.

Who is right ? What do I do next ? I don't want to get done over, and I aint got the money to pay.

I need to go out for like 30 minutes, but I'll be back later.

Thanks

The_Slithy_Tove

They are wrong. The BPA Code of Practice allows you to appeal or challenge the charge notice, which is exactly what you have done. Contact them, telling them that you have challenged their notice, and the BPA CoP requires that they either accept your appeal, or provide you with a POPLA code. Failure to do either within 35 days of your initial appeal will result in it being assumed as "challenge accepted". Tell them you will not be entering into any further communication with them and will not be submitting any further information to them (in order to scupper the opt-out they have in extending the 35 days, as they now can).

Hovite_2

Email them back with :

Name
Address

Date


Dear Highview,


In regards to the invoice xxxxx dated xxxxx , the keeper does not recognise your authority to issue invoices such as this.

You have 35 days to furnish the keeper with this from the date of the original challenge or you time out under the Protection of Freedom Act 2012.

Sincerely,

Print Name ( don't sign )

FionaCat

Yeh, but like thats what I wrote the first time (I got help from a friend on the wording)

melol wrote:

Dear HighView Parking,


I recently received an invoice from your company with reference number XXXXX dated XXX

Unfortunately the keeper denies all liability to your company.

[FONT=&quot]If you reject this denial the keeper will require (within 35 days) a POPLA verification code which will enable them to appeal independently. This is in accordance with Version 2 of the BPA Code of Practice.

The keeper has nothing further to add, and is unwilling respond to any further correspondence in the absence of the POPLA code.

The denial will be deemed as accepted if any further correspondence lacks a POPLA code within the timeframe stipulated above.

Yours Sincerely[/FONT]

[FONT=&quot]

what did I do wrong ?

gtg
bbl
[/FONT]

Half_way

to highview: re parking notice, add i have already stated i have no liability to you, and as such you must now provide me with a popla code, otherwise you must accept the challenge and your invoice will be null and void.
I am aware that descisions made by popla are binding on yourselves, but not on me, as the registered keeper.

Hovite_2

FionaCat wrote: »

Yeh, but like thats what I wrote the first time (I got help from a friend on the wording)

[FONT=&quot]

what did I do wrong ?

gtg
bbl
[/FONT]

Then ignore them - you've appealed and they have ignored it.

Report them to the BPA and DVLA.

bod1467

When was the alleged "offence"? (That'll determine whether version 2 or version 3 of the CoP applies. It was some time around 20th June, I think, that version 3 became effective).

Buzby

Their invoice is null and void regardless - it would appear the OP was either unaware of the terms or did not read the terms of parking, so is not bound by them under Contract Law. To make Highview's invoice legitimate, the OP needs to have read and given informed consent.

That hasn't happened - POPLA is a diversion, nothing more.

Hovite_2

Buzby wrote: »

Their invoice is null and void regardless - it would appear the OP was either unaware of the terms or did not read the terms of parking, so is not bound by them under Contract Law. To make Highview's invoice legitimate, the OP needs to have read and given informed consent.

That hasn't happened - POPLA is a diversion, nothing more.

While I appreciate that is contract law it's a difficult one to argue successfully in court. There are far easier ways to get the charge cancelled - one being POPLA.

bazster

There was nothing, but NOTHING, wrong with your challenge. It is they who are 100% in the wrong. Ignore them from now on because by blatantly flouting the BPA Code of Practice they have left themselves without a leg to stand on (as if they ever had one anyway!)

But do complain to the DVLA, BPA - and also Trading Standards, on the basis that by ignoring the BPA CoP they may be in violation of CPUTR 2008:

A commercial practice is a misleading action if...it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—
(i)the trader indicates in a commercial practice that he is bound by that code of conduct, and
(ii)the commitment is firm and capable of being verified and is not aspirational,
and it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise, taking account of its factual context and of all its features and circumstances.

This latter would be a criminal offence.

nigelbb

I think that the Highview Appeals Dept are nervous wrecks after the various appeals from the Parking Prankster & subsequently getting trounced at POPLA.
http://parking-prankster.blogspot.co.uk/2013/05/highview-parking-spurred-into-immediate.html
http://parking-prankster.blogspot.co.uk/2013/06/highview-parking-send-in-map-of-wrong.html
http://parking-prankster.blogspot.co.uk/2013/06/parking-poker-highview-parking-take-on.html