Charge Notice - Highview

Coupon-mad

So now follow the info about how to win at POPLA, in the NEWBIES thread. Nearly there!

dmsjlloyd

My appeal: Thank you for your help i have used your template but added other issues -

This appeal is on the grounds that I am not liable for the parking charge, and the 'parking charge' exceeds the appropriate amount.
My Appeal follows:
NO GENUINE PRE ESTIMATE OF LOSS
The amount of the charge is disproportionate to the loss incurred by Highview Parking Ltd and is punitive, thereby contravening the Unfair Contract Terms Act 1997. I also consider the PCN to be a penalty because Highview Parking Ltd have alleged a breach of terms and conditions and yet have not quantified their alleged loss.
The Victoria Centre is a free car park, therefore the parking charges have been paid in full and there is no loss to the owner. I require Highview parking to submit a full breakdown of their losses due to the alleged parking allegation, and this cannot include any of the above or the POPLA fee. These are not actual losses following the alleged breach, these are business running costs.
NOTICE TO KEEPER NON COMPLAINT
There is non-compliance with the wording of the Notice to Keeper. It is not compliant with paragraph 9 (2)(h) of schedule 4 of the Protection of Freedom Act 2012 (POFA) in that it does not identify the creditor. The operator is required to specifically "identify" the creditor not simply name them on it. This would require words to the effect of "The creditor is …".
The keeper is entitled to know the party with whom any purported contract was made. These, they have failed to do and thus have have not fulfilled all the requirements necessary under POFA to allow them to attempt recovery of any charge from the keeper.
In this case keeper liability has been lost due as it fails to clarify what the contravention is, nor who the creditor is and so it fails to meet the requirements for a Notice to Keeper under the Protection of Freedoms Act 2012.
CONTRACT WITH THE LANDOWNER - NOT COMPLIANT WITH THE BPA CODE OF PRACTICE AND NO LEGAL STATUS TO OFFER PARKING OR ENFORCE TICKETS
I believe there is no contract with the landowner/occupier that entitles them to levy these charges and therefore has no authority to issue Parking Charge Notices (PCNs). This being the case, the burden of proof shifts to Highview Parking Ltd to prove otherwise - I therefore require that Highview Parking Ltd produce a copy of their contract with the owner/occupier which, to be compliant with the BPA code of Practice, must grant Highview authority to form contracts with drivers and to pursue charges in their own right in the courts. I believe Highview only have an agency agreement with the landowner which does not meet the standards in the BPA CoP.
EVIDENCE OF COMPLIENCE - ANPR REQUIREMENTS - PART 21 OF THE BPA CODE OF PRACTICE
The BPA code of practice contains the following:
21 Automatic number plate recognition (ANPR)
• 21.1 You may use ANPR camera technology to manage,
control and enforce parking in private car parks, as long
as you do this in a reasonable, consistent and transparent
manner. Your signs at the car park must tell drivers that
you are using this technology and what you will use the
data captured by ANPR cameras for.
• 21.2 Quality checks: before you issue a parking charge
notice you must carry out a manual quality check of the
ANPR images to reduce errors and make sure that it is
appropriate to take action. Full details of the items you
should check are listed in the Operators’ Handbook.
• 21.3 You must keep any ANPR equipment you use in your
car parks in good working order. You need to make sure
the data you are collecting is accurate, securely held and
cannot be tampered with. The processes that you use
to manage your ANPR system may be audited by our
compliance team or our agents.
• 21.4 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
• follow the DVLA requirements concerning the data
• follow the guidelines from the Information
Commissioner’s Office on the use of CCTV and
ANPR cameras, and on keeping and sharing personal
data such as vehicle registration marks.
• 21.5 If you want to make use of the Keeper Liability
provisions in Schedule 4 of POFA 2012 and you have
not issued and delivered a parking charge notice to the
driver in the car park where the parking event took
place, your Notice to Keeper must meet the strict
requirements and timetable set out in the Schedule
(in particular paragraph 9).
I have no evidence that Highview have complied with these BPA Code requirements for ANPR issued tickets. I hereby request that this evidence is provided. Furthermore I have checked with the Data Commissioner and Highview are not registered with them and were therefore in contravention of 21.4
22.6 When you receive a challenge about the issue of a
parking charge, you must stop work on processing the
charge immediately. You must not increase the charge
until you have replied to the challenge.
The appeal was sent to Highview on 06/05/14, and an automated response received. On the 14/05/14 I received a “Charge Notice Reminder” from Highview dated 08/05/14 which stated that a notice was sent on 23/04 and the full amount is now due. It also states that if payment is not received within 14 days an administration charge will be incurred. They have issued the charge notice in direct violation of 22.6 by both issuing and increasing the charge whilst an appeal is ongoing.
22.12 If you reject a challenge you must:
• tell the motorist how to make an appeal to POPLA.
This includes providing a template ‘notice of appeal’
form, or a link to the appropriate website for lodging
an appeal and the 10-digit verification code. Even if
the verification code is automatically printed on an
enclosed appeal form, it must still be in the dated
rejection notice/letter.
• give the motorist a reasonable amount of time to pay
the charge before restarting the collection process.
We recommend that you allow at least 35 days from
the date you rejected the challenge.
On 19/05/14 notification from Highview was received to state that the appeal was rejected and giving only 14 days at the “current rate” (“we will hold the charge at the current rate for a further 14 days from the date of this correspondence, after which the full amount will be due”.)
18.2 Entrance signs play an important part in establishing a
parking contract and deterring trespassers. Therefore,
as well as the signs you must have telling drivers about
the terms and conditions for parking, you must also have
a standard form of entrance sign at the entrance to the
parking area. Entrance signs must tell drivers that the car
park is managed and that there are terms and conditions
they must be aware of.
The signs required are not clear to drivers who are entering the parking area, they are on the opposite side of the road low to the ground, the view obsucred by cars which are exiting the property.
This concludes my appeal.

Coupon-mad

and this cannot include any of the above or the POPLA fee. These are not actual losses following the alleged breach, these are business running costs.

You haven't said what 'the above' or 'these' are as there is nothing about costs above! Plus I spotted two typos:

NOTICE TO KEEPER NON COMPLIANT

EVIDENCE OF COMPLIANCE - ANPR REQUIREMENTS

And just to help you make sure you've not missed anything, there are plenty of examples of Highview POPLA appeal wording examples available to you for the sake of a forum search of the words 'Highview POPLA'. Have a search using the 'search this forum' heading next to 'forum tools' above the sticky threads on page one. And even without searching you must surely have seen totallytech's thread not a million miles away on page one/two tonight where he's already put his POPLA appeal in and has received the laughable 'evidence' from Highview now and should win by next week! So much info is already here on the forum.

dmsjlloyd

Thanks for your help Coupon mad, apologies, I copied and pasted the body of text from another response. I should have read it better.

I am a tad cross that HighView have continued their recovery action. Yesterday I received a Legal Action Pending notice and the charge has now increased to £125.00.

At what point do these charges get held as per the code as they don't appear to be doing so.

bod1467

Why does it matter at what point they get held? It's all baloney anyway, and once you win at POPLA it become £0 owed.

dmsjlloyd

Should I scan and add the copies of reminders etc which have been sent to me when action should have been held pending the appeal

OR
Should I contact highview and tell them to "cease and desist"???

Coupon-mad

Just report them to the BPA using the email address in post #6 of the NEWBIES thread.

dmsjlloyd

bod1467 wrote: »

Why does it matter at what point they get held? It's all baloney anyway, and once you win at POPLA it become £0 owed.

If I dont win the appeal I dont want to have to pay a huge amount

but i suppose it all goes in my favour in the appeal that they havent done as they were supposed to.

bazster

dmsjlloyd wrote: »

If I dont win the appeal I dont want to have to pay a huge amount

but i suppose it all goes in my favour in the appeal that they havent done as they were supposed to.

If you win the appeal you don't pay. If you don't win the appeal you still don't pay. PoPLA is not a court of law and cannot make you pay, and Highview has never yet taken anyone to a real court.

Custard_Pie

Highview don't have a reputation in taking people to Court, but does not mean that they won't start with you. Take it to PoPLA using the advice on here for content and approach. If you have missed the PoPLA deadline then I'd say sit tight and the junk mail will eventually stop.