Help. Highview NTK - need advice

driverj

Hi,

Recently, I received a postal NTK from Highview Parking for overstaying at Wembley retail park (Non-event day). However I think this unfair for a few reasons:

1) The "free" car park was near empty when I arrived in the evening.
2) I went into Curry's to look at their cameras, but I did not buy anything, and later to McDonalds for a meal - So I did actually use the retail park. (However I do not have receipts from McDonalds). As per Newbie guidelines, I tried talking to the manager of McDonalds but without a valid receipt would not rescind the charge notice.
3) It was dark and did not see the signage (but I have been again during the day and it is there).
4) They are asking for £55 as a discount if paid early (£95 if not) which is absurd since it is a free car park, thus otherwise would not have obtain if I hadn't of parked there, and also the car park was near empty.

I have checked over the NTK vs Paragraph 9 of the POFA 2012. I could only find one possible violation:

9(2)h in which they fail to identify the actual creditor but that they are acting on behalf of a clients property at the Park.

I have included the NTK below (deleted some information in case of PPC trolls).

Date of alleged offence: 03/11/2013
Date of Notice: 12/11/2013

Pages 1 and 2 were uploaded below:

oi43.tinypic.com/2a95wco.jpg
oi40.tinypic.com/wwbupe.jpg

I haven't yet appealed directly to Highview, but I am wondering if I have any basis on a POPLA appeal?

Thank you any future help.

JT

Guys_Dad

No need to worry.

Start here https://forums.moneysavingexpert.com/discussion/4816822 and get your soft appeal in remembering that the driver and the keeper are to be kept separate.

As a matter of interest, how long did you overstay? And was the park officially closed when you left?

driverj

Thanks Guy for the quick reply.

I overstayed an hour, I'm not sure if the park was officially closed when I left (Currys and other retail stores were closed) but the Mcdonalds is 24hours.

Do you see any other violations to the POFA2012 in the NTK? Also is the one I suggested valid?

Do I have any valid grounds for a POPLA appeal?

Thanks again

Coupon-mad

http://tinypic.com/view.php?pic=2a95wco&s=5#.Uov7aehFCpo

http://tinypic.com/view.php?pic=wwbupe&s=5#.Uov7zehFCpo

- There is a non-compliant £40 admin fee mentioned on the Notice which it says 'will' be added if not paid after 28 days. But that cannot do that if an appeal is underway (misleading then!). That's a breach of the BPA Code of Practice because it's misleading and would make the PCN exceed the BPA '£100 ceiling' if they were allowed to slap that admin fee on even if you were appealing it. They can't.


- and yep it is missing these important words:


9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;

Do I have any valid grounds for a POPLA appeal?

Even if you had parked a camper van sideways across 3 Parent & Child bays, you'd have valid grounds for POPLA appeal!! Everyone does! Every fake PCN! We win 100% of the time at POPLA so you are in the right place.

driverj

Thanks guys for all your help and advice.

Should I include the non-Compliance with BPA Code of Practice issues as stated above in the appeal email or left for POPLA?

Coupon-mad

I would include it all (making sure only to write as the keeper). It's possible that Highview will fold like these PPCs did when faced with an appeal they didn't want repeated at POPLA:

https://forums.moneysavingexpert.com/discussion/comment/63714390#Comment_63714390

http://forums.pepipoo.com/index.php?showtopic=82050&st=20&p=882435&#entry882435

https://forums.moneysavingexpert.com/discussion/comment/63725014#Comment_63725014

https://forums.moneysavingexpert.com/discussion/comment/63813538#Comment_63813538

driverj

Hey guys,

Thank you for the help. I read the newbie section and the appeal/challenge letters and I have come up with own (in the below link).


Link:
docdroid.net/6gm0


Please could you check everything is okay in the letter. Paragraphs in "blue" I was not sure if I should add or not.

Thank you for all your help in advanced.

Umkomaas

My initial reaction is that this should be posted on the forum. It makes it easier to read and allows suggested amendments to be made in situ.

My second question is 'What do you hope to achieve with this 4-page tome?'. If it's a POPLA code, then why use a POPLA style appeal to achieve that when a three-paragraph-short job would do that for you?

Or is it to 'overwhelm' the PPC with 'knowledge' and force them into upholding your appeal. Don't forget they deal with this stuff every day.

driverj

The reason I didn't post it, was because I was worried about Highview trolling. I could post it if you think this would be fine?

I decided to take Coupon-Mad's advice, and to use an appeal/challenge letter first to force them to uphold the appeal.

Also what do you think of the letter , and if I should make amendments?

Umkomaas

driverj wrote: »

The reason I didn't post it, was because I was worried about Highview trolling. I could post it if you think this would be fine?

I decided to take Coupon-Mad's advice, and to use an appeal/challenge letter first to force them to uphold the appeal.

Also what do you think of the letter , and if I should make amendments?

What stops Highview following the link like anyone else can?

My view is that, yes, you can hit them with the blunderbuss approach and hope they quiver and shake and cancel the charge. It might work. But I'll perhaps reserve judgment until I see the outcome.

If I'm honest, and I'm always in awe of Coupon-mad's knowledge, determination and laser-like ability to get to the absolute core of things, the appeal was too long and rambling to hold my attention to provide a detailed critique.

This isn't meant to be harsh, and maybe there'll be others able to give it more attention than me, but I'll definitely be interested in your outcome from this first stage appeal.

Coupon-mad

It will be fine whether you send a weaker appeal or a good one, you will win at POPLA anyway and you can post it here because Highview won't be bothered about you! Have you not seen the runaround they were given by the Parking Prankster in his first appeals to them?! Get ready to spit your coffee out!!


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/2013/07/elvis-walks-free-map-department-fails.html

in a similar vein, here was notomob's appeal to another PPC, G24:

http://notomob.co.uk/discussions/index.php?topic=2789.0



Hope that all gives you a laugh & shows you that this really is nothing to waste too much time on although you do have to have an appeal point in there nowadays as Highview threw their toys out of the pram and won't consider a jokey appeal any more. You have to squeeze in something serious about rubbish signage or summat, that's all.