Highview Parking and Hire car.

Passy

Slightly confused but here's the brief :

Girlfriend parks for 4 hrs 32 mins on a Tesco site and shops with her little one and has food etc on site and today she receives a Parking charge .

Date of notice is 03.09.2013 and received today 10.09.2013

Date of parking is 29.06.2013

Am I right in saying that Highview have failed to meet their regulations of notifying her within 14 days ..... It's been 66 days since the day of parking !!!

The car is a hire vehicle which is supplied by her company , does that make any change in how long they need to contact the driver etc !

Thanks for your help in advance .

Umkomaas

That's a very long time between parking incident and receipt of Parking Charge Notice and at face value is out of time.

However, the fly in the ointment is the fact that this is a hire car. Maybe the PPC has been chasing the hire car company, they have refused to deal with it and referred it back to the PPC with your g/f's details.

Now, you may not be too pleased with this, but trust me, the hire car company has done your g/f a big favour if this is the case. Usually they pay the charge in full and then add a nice £30-£40 admin charge for their trouble on your g/f's behalf and milk her credit card.

You need to give us a bit of info as to what is contained in the letter. Is it headed up 'Notice to Keeper' and have references to the Protection of Freedoms Act 2012? If not, what does it say (main headings, no need to type it all out).

Give us that detail, then more advice to follow.

Stroma

Look at your credit card statement, see if there is admin charge by them on this.

Passy

Thanks for the replies .

The Hire car is supplied by her Employer so no cash taken from her cards etc ..... in a loose term it's a Company car !

It's the normal High view parking " Charge Notice "letter with photos and dates / times etc , I have seen another on here so they look the same.

And it mentions the New law effective from 1st October 2012 ie POF act 2012.

The initial sum requested is £70 or pay up early and its £40 !

What I think is wrong and grounds for them to rip it up is the 66 days from parking until us getting it today !

Am I correct in saying that as we found a draft letter on here stating that they have not followed their regulations ie 14 days etc it quotes the POF act 2012 schedule 4 .

Passy

Umkomaas

Thanks for clarification.

Shoot it back to them quoting appropriate paragraphs from PoFA, telling them they are waaaay out of time and that the PCN should be cancelled as the Keeper has no case to answer to.

Failing the cancellation of the charge, supply you with a POPLA verification code when you will robustly challenge their failure to comply with PoFA (as well as a number of other serious issues). In addition you will be making simultaneous complaints to the BPA and the DVLA about their non-compliance with THE LAW!

See how that goes.

Coupon-mad

Passy wrote: »

What I think is wrong and grounds for them to rip it up is the 66 days from parking until us getting it today !

Am I correct in saying that as we found a draft letter on here stating that they have not followed their regulations ie 14 days etc it quotes the POF act 2012 schedule 4 .

Passy

I think you are barking up the wrong tree to an extent because the delay will likely have been caused when they firstly wrote to the lease firm and/or company Fleet Manager. 66 days is a long time but we know what they will say about that as the DVLA data will have revealed a different addressee at first.

Your case is the same as pretty much all the others here and you will be likely to win at POPLA on second stage appeal. Read plenty of other threads about Highview.

Your first challenge to Highview could indeed (as Umkomaas says) 'quote the appropriate paragraphs from PoFA, telling them they are waaaay out of time and that the PCN should be cancelled as the Keeper has no case to answer to.' But I say you should also include some basic grounds of appeal as this first challenge is a fishing exercise and you want to 'hook' a POPLA code!

So - 'unclear signage not seen by the driver and placed too high' is always worth including in a first appeal - even if you can't check the signs, just say it because it's always true of Highview signs! Also enclose a copy of any receipt, definitely, or copy of a bank statement (details suitably covered up) and/or cite the Tesco Clubcard number and tell them to liaise with Tesco because you have complained, since 'the driver' (unnamed) was a genuine customer slowed down by having a young child with them.

Here's the usual link I post for all cases at this stage, first appeal:

https://forums.moneysavingexpert.com/discussion/comment/63033637#Comment_63033637

If Tesco are useless when you complain, get the first challenge to Highview done and then read up on POPLA - as long as this was England/Wales?

And as for me, 'what I think is wrong and grounds for them to rip it up' is that it's an utter scam and you should be tearing Tesco a new one (as they say!). Assertive complaints to the Supermarkets do work:

https://forums.moneysavingexpert.com/discussion/comment/62837690#Comment_62837690

Highview are featured there and all - some cases cancelled with just one annoyed phone call to Tesco Customer Services/Clubcard Helpline.

Passy

Cheers for the heads up ...... I'm attempting to locate the correct info on POFa , I think I'm correct in saying that (after reading until late last night) they should have informed her within 14 days .... She's gone to work today and is going to contact High view as well as Tesco , I'm away out of the country for a while as of tomorrow so the other half will need to deal with this on her own !

Will have to wait and see what she's managed to do at the end of today !

Thanks.

Passy

I believe this is the paragraph taken from POFa

Para 9 sub 5 reads ;

(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.

Any thoughts on the above ?

Cheers.

halibut2209

Read what Coupon-Mad wrote. It's quite possible that the registered keeper did indeed get a letter within the timeframe. If that's the case, then you need to appeal and proceed as she has suggested

Passy

Well here goes folks ...... High view have CANCELLED the Charge notice , the other half has just this minute received an e mail stating that no further action will be taken and that they profusely apologise for the inconvenience !

Thank you so much for your help .

What we sent out was an e mail to the CEO of Tesco simply explaining what happened on the day and as a family we rely on Tesco for our weekly shop etc No reply from Mr Philip Clarke yet though .

We also mailed High view with a complaint stating the 66 days from the day in question and the notice arriving yesterday , POFa schedule 4 was also included in the mail .... This may have been what was needed etc

Cheers

Passy .

Umkomaas

Well done Passy, glad to have been able to contribute. Now you and your g/f can get on with the rest of your lives without this carp hanging over you. :T

Do try to avoid a PCN in future; it may not be as easy to shrug off as this one has