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Charge Notice - Highview

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Hi all,

New here. I have read the newbie thread and am interested to know...

If appealing should I put all information i intend to appeal on IN MY LETTER TO HIGHVIEW or should i send basics to them and the full info to POPLA?

I have included a copy of the notice, i beleive that the signs are ON THE WAY OUT! I am going to check tonight...

its pegged as a charge notice and I stayed for 2.33 (using the cimema no less!)...

Im sure its free after 6pm would the fact i left 18.24 make any difference?
«13

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    just send the template letter from the newbies thread (as RK assuming it was a postal NTK)

    save your ammo for popla

    dont assume you have grounds for mitigation, just beat them at popla using legal grounds like not a gpeol , no contract and bad signage etc , if they dont cancel
  • Coupon-mad
    Coupon-mad Posts: 152,071 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Im sure its free after 6pm would the fact i left 18.24 make any difference?


    No, in fact the above is a classic example of where adding what looks like a simple/harmless extra line would in fact ... give away who was driving! The template is written as a one size fits all first appeal. No need to add anything.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • dmsjlloyd
    dmsjlloyd Posts: 15 Forumite
    Hi All, I have sent the template appeal via email as allowed by highview on 06/05/14 and received an automated response but nothing further.

    Yesterday I received through the post a Charge Notice Reminder advising me that " A notice was issued on 23/04/14 which gave 12 days to pay the reduced charge or challenge its issue the full maount of £85.00 is due"

    Then directly underneath in red text: "If payment is not received withint 14 days and additional administration charge will be incurred".

    On the back of their letter it states they will hold action if an appeal has been lodged. Do i email them to tell them the reminder has been issued incorrectly or do i just leave it and hope it aids my case with POPLA?
  • Coupon-mad
    Coupon-mad Posts: 152,071 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would email to prod them with a sharp stick, yes!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • dmsjlloyd
    dmsjlloyd Posts: 15 Forumite
    edited 3 June 2014 at 12:10PM
    Hi All,
    Last night I got the reply to my appeal (email was sent 6th may)
    • should they have held action FROM THE 06/05/14?
    • I received a reminder on 08/05/14
    • there were no attachments on the email should they have included MORE info than is below????
    Subject: RE: Appeal

    Dear Sir/Madam,

    Thank you for your correspondence concerning yourCharge Notice.

    This PCN was issued legally and correctly accordingto the British Parking Association Approved Operators Scheme.

    Clear signs on this site advise drivers of thecharge that they will incur if the prominently advertised time limit isexceeded, and if you did not agree to these terms and conditions, you shouldhave removed your vehicle from the site within that time limit.

    In light of this, on this occasion, yourrepresentations have been carefully considered and rejected.

    We can confirm that we will hold the charge at thecurrent rate for a further 14 days from the date of this correspondence, afterwhich the full amount will be due.

    Yours faithfully,

    Highview Parking Limited



    Although we have now rejected yourappeal, you may still have recourse to appeal to Parking On Private LandAppeals (POPLA), an independent appeals service. POPLA will only consider caseson the grounds that the Parking Charge exceeded the appropriate amount, thatthe vehicle was not improperly parked or had been stolen, or that you wereotherwise not liable for the Parking Charge. To appeal to POPLA, please go to their websitehttp://and follow the instructions. If youwould rather deal with this matter by post, please contact our appeals officeand we will send you the necessary paperwork.

    Your POPLA reference code is

    Please note that if your appeal does notrelate to the above criteria or is rejected by POPLA for any reason, you may berequested to pay the charge at the full amount and will no longer qualify forpayment at the reduced rate.
  • dmsjlloyd
    dmsjlloyd Posts: 15 Forumite
    edited 20 May 2014 at 12:21PM
    Hi, I am just reading through the BPA code (thank you for the link), and i note that 4.4 states that members of the BPA (as Highview Parking say they are) they have to be registered with Information Commissioner if they collect registered keeper data (they sent me a ticket from an ANPR camera though their notice doesnt say that it was used). HELP?? I lodged an appeal with HiGHVIEW which was unsuccessful. I have now to appeal to POPLA - should I include this?

    4 Conditions

    4.1 Any organisation or person applying for BPA or AOS

    membership must:


    sign a declaration agreeing to keep to the Code and

    its principles
    agree to keep appropriate records to show full and

    effective compliance with the Code requirements and

    to allow a full review of these records by the BPA if

    we make a reasonable request

    pay the appropriate fees set by the BPA Council

    agree to follow the decisions of POPLA, the

    independent appeals service.

    If you do not sign your declaration and pay your fees, you

    will not be a member of the BPA.

    4.2 To stay a member of the BPA you must keep to the

    conditions of the Code. If you do not keep to the conditions

    of the Code we may take disciplinary action against you.

    4.3 Under the Code you must keep to all the requirements

    laid down by law. The Code reflects our understanding

    of the law at the date of publication. However, you are

    responsible for familiarising yourself with the law on any

    activities covered by the Code.

    4.4 It is also a condition of the Code that, if you receive and

    process vehicle or registered keeper data, you must:

    be registered with the Information Commissioner

    keep to the Data Protection Act
    adhere strictly to any DVLA requirements relating to

    the data.
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    The relevant part of the BPA CoP is point 21.1 regarding notices informing the driver about ANPR camera usage.
    You can include in your POPLA in the points about signage and ANPR compliance and accuracy but the breach of the CoP is unlikely to be a winner.
    Make sure you cover the main winning points about - no GPEOL, No authority and unclear/non-compliant signage therefore no contract with the driver.
  • dmsjlloyd
    dmsjlloyd Posts: 15 Forumite
    Ok thanks very much.
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    edited 20 May 2014 at 1:19PM
    Would advise you to edit your post to remove your POPLA ref asap
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    I've just noticed you seem to already have a thread regarding this PCN here

    https://forums.moneysavingexpert.com/discussion/4964273

    I'll ask a board guide to merge the threads.
    Please keep to one thread - it helps the forum members to best help you if they have the full picture in one place.
    Thanks
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