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Parking Fine Fforest-fach Swansea (Highview)
Cezly
Posts: 34 Forumite
Hi all
Why did I not find this site before? My wife received a parking charge notice from Highview last December 2013 and in the midst of the Christmas buildup, I stupidly wrote back to them saying that unless they provide clear photographs of the vehicle, that I would not pay the fine. Before I go any further, let me explain that the pictures on the letter from Highview clearly shows my wife entering the parking area complete with clear registration plate but the exit picture is in the dark, there is no visible registration plate in the photograph but there is a blown up version of the plate on a separate photo which is at the exact same angle as the entry plate photograph.
Highview failed to respond to this initial letter. I then received another two charge notices and was admittedly given some bad advice to simply ignore them by a colleague in work...
I then sent another letter to them explaining the situation and added some common elements found on various sites detailing letters to send to these companies plus a demand for my POPLA code. I received nothing again.
On February 2014, I received a letter from a dept recovery company. I forwarded them a copy of the letter to Highview and was replied with a lengthy letter clarifying all of my appeal points mentioned earlier. They also stated that as I had not appealed within 28 days that I had lost my right to challenge the PCN.
Not sure what to do now, can't get any response from Highview but did also not get proof of posting. Should I just pay the £145 and bite the bullet or is there any chance that this can be salvaged.
Any constructive help would be much appreciated
Thanks
Why did I not find this site before? My wife received a parking charge notice from Highview last December 2013 and in the midst of the Christmas buildup, I stupidly wrote back to them saying that unless they provide clear photographs of the vehicle, that I would not pay the fine. Before I go any further, let me explain that the pictures on the letter from Highview clearly shows my wife entering the parking area complete with clear registration plate but the exit picture is in the dark, there is no visible registration plate in the photograph but there is a blown up version of the plate on a separate photo which is at the exact same angle as the entry plate photograph.
Highview failed to respond to this initial letter. I then received another two charge notices and was admittedly given some bad advice to simply ignore them by a colleague in work...
I then sent another letter to them explaining the situation and added some common elements found on various sites detailing letters to send to these companies plus a demand for my POPLA code. I received nothing again.
On February 2014, I received a letter from a dept recovery company. I forwarded them a copy of the letter to Highview and was replied with a lengthy letter clarifying all of my appeal points mentioned earlier. They also stated that as I had not appealed within 28 days that I had lost my right to challenge the PCN.
Not sure what to do now, can't get any response from Highview but did also not get proof of posting. Should I just pay the £145 and bite the bullet or is there any chance that this can be salvaged.
Any constructive help would be much appreciated
Thanks
0
Comments
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I'm not sure how litigious Highview are at the moment, but continuing to ignore may be an option.
Did you receive the first notice through the post (rather than a notice actually attached to the vehicle)? If so, then another option you have is to name the driver, if you are the registered keeper then you could name your wife as the driver, if she's the registered keeper she could name you. This will then restart the clock and you can then appeal as the driver. The letter would have to be strongly worded though as a lot of PPC's try to pretend that there is a deadline for identifying the driver, when the legislation does not actually say this.
In regards to the picture, they often look dark as this is how ANPR images usually appear.0 -
If you appealed to Highview, they should have responded with a cancellation or rejection accompanied by a POPLA code. If they didn't, it's complaint time to the BPA and DVLA (addresses contained in the NEWBIES sticky, which I assume you have read?).
The sticky also explains your situation if you've missed out on appealing and how to deal with Debt Collectors. So suggest you have another read of the sticky. Come back if there is something unclear within it.
Don't go 'biting any bullets'. Salvage possible, sticky explains things.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
The problem may be that the correspondence the OP sent Highview might not be enough to constitute an appeal, as just asking for a clearer image may not be an appeal.0
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The problem may be that the correspondence the OP sent Highview might not be enough to constitute an appeal, as just asking for a clearer image may not be an appeal.
He did more than that:I then sent another letter to them explaining the situation and added some common elements found on various sites detailing letters to send to these companies plus a demand for my POPLA code. I received nothing again.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
So the question would become when was this other letter sent? And was it sent as the driver or the registered keeper?0
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Thank you all, such quick and detailed replies, really appreciate this help and advice.
Da_rule: Yes the first notice arrived through the post and I am the registered keeper but my wife was driving. With regards to the picture, the vehicle is clear but due to the brake lights being on, its impossible to see any detail of the registration plate, despite being able to see the rear of the vehicle. Would it help to provide a picture.
Umkomass:I am re-reading the stickys now and thanks for that heads up too. I can't get any replies from Highview but the dept company (Debt Recovery Plus Ltd) give me a detailed response to my appeals, something which I would have expected from Highview. I am suspicious at this and feel that they are the same company, i even asked them in my last email. Would copies of the letters etc help?
Thanks again0 -
Dates would be helpful.
When did you receive the first letter through the post?
What date did you send your request for clearer pictures?
When did you send the appeal letter which asked for a POPLA code?0 -
Highview are hiding behind DR+ and the BPA and DVLA need to be brought into this. OP, copy your correspondence from HV and DR+ to the BPA and DVLA and ask that an investigation is carried out. Send a copy of your complaint letter(s) to HV, telling them that in view of their reluctance to issue a POPLA code, you have been forced to involve the BPA and DVLA.
Send DR+ a letter saying 'Debt denied, refer back to your client, further correspondence from them will be deemed as harassment and you will take further action against them'. Ignore anything further from them - they can't take you to court, only HV or the landowner.
If this was a car park servicing a retail park you should complain to the retailer - if you've got receipts/bank statements as proof of purchases, take them with you, kick up a fuss and ask them to get the ticket cancelled.
Are HV litigious? Have a look here. This is a list of PPCs who've 'done court'. The most recent as far as I'm aware, a bit dated, but provides some indication.
https://www.whatdotheyknow.com/request/179544/response/444525/attach/3/A%20FINAL%20REPLY%20TO%20LEWIS%2085865.docPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
Da_rule - The initial letter was received second week of December (do you need exact date) followed by the second one 14 days later. The third letter came 17 days after that one. The first DR+ came 38 days after that with the final DR+ letter coming 34 days later (End march 2014). I checked my second letter which went on or around end of Feb (after first DR+ letter) and a copy of that letter was also sent to DR+.
My initial letter went 16 days after the first letter which was when i recieved the second Highview letter. (sorry it suggests keeping dates off the forums)...
Both letters sent by me were as the registered keeper and not the driver.
Thanks again0 -
Sorry another question - I will draft a letter to BPA and DVLA tomorrow, would you mind checking it through incase I drop a clanger and make matters worst?
Umkomass - HV do not appear on the Done Court List in your post I am checking other FOI on the site now to see if there is an update of any kind.
We have located a receipt for Costa Coffee on the day of the charge. Should I use one of the forum standard letters to begin my appeal to Costa to drop the charge?
Now starting to feel more confident about this situation and a hell of a lot more annoyed at this company....Thank you0
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