Sorry to be a nuisance

Tracal

Hi Guys

Can anybody help me out in just plain layman terms please. I have tried to use these threads as best I can and have tried to read the newbies sticky thread but it appears to give me information overload and has abbreviation codes and language that I just don't understand (sorry). I am not a regular forum user and I am grateful for the fact that other members such as Coupon-Mad tried to help me out by directing me to the newbies sticky thread in the first place after I had hopped on another post to get help, but I still feel out of my depth with it all.

To be fair, the whole thing has me so worried now because I don't understand all the appeal process and don't know what to do for the best and paying the ridiculously unfair demand of £75 seems like the easiest option. I'm crying here because I can't afford this, but also crying because I don't want to look ungrateful and stupid to people on here who have already offered their help by telling me to look at the the newbies sticky thread.

Anyhow I have recently had 2 charge notices from Highview Parking in relation to being parked at Warrington Hospital. The second one is dated the 3rd July 2015 demanding £75 as the reduced rate period of 14 days has expired. They also state that if it is not paid that there will be debt recovery charges placed on top.

I now need to appeal it all, but I am not sure what I should write in my letter. I would appreciate any help that may come in the form of an idiot's guide (even though I may not be an idiot, lol) and thank you in advance for your patience with me.

Tracal

ColliesCarer

Don't worry it can be a bit daunting at first - and no-one here would suggest you pay!

I take it you just have the one parking charge to deal with but have received 2 letters so far regarding it - is that correct?

Bit of extra info is needed to help you.
Date of the parking event (no need for times)
Date of issue of the 1st postal notice

Tracal

Thanks ColliesCarer, yes it is just the one parking charge that I am dealing with and yes you are correct I have had 2 letters regarding it thus far.

The parking event was the 2nd June 2015 and the date on the first postal notice was the 15th June 2015.

Thank you for looking into this for me :-)

pogofish

Tracal wrote: »

I have tried to use these threads as best I can and have tried to read the newbies sticky thread but it appears to give me information overload and has abbreviation codes and language that I just don't understand (sorry). l

So you didn't even read as far as post two, where the glossary explains everything?

Tracal

The glossary that gave all the abbreviations in full you mean? ... I did see this but by the time I got to it I was so over whelmed. I tried to go back and read things over again with the information I had obtained from the glossary, but still found it all daunting. My eyes get very tired from trying to read too much on the laptop and I am currently getting this issue addressed by my opticians, so please don't behave in such a way that you think you knew what I did or didn't do as that is not helpful.

Redx

you need to copy and paste the template appeal from the newbies thread and get it to Highview asap (without any alterations at all) , before your 28 days runs out - that is your first step

then complain to PALS at the hospital and try to get it cancelled , that is step 2

ps:- its not a fine, its an invoice and they expect you to pay it, we expect you to appeal it

4consumerrights

You can appeal online to Highview - make sure that you include the relevant details including the parking charge number, vehicle registration number and your details as keeper and address.

ColliesCarer

ok thanks for the dates

The first thing to get you head around is that there are two seperate entities involved and for you to think about regarding a parking charge - the driver of the car when the event happened and the Keeper of the car who will get the postal notice.

The only person the private parking company (PPC) can initially pursue is the driver.

But they do not know who that is - and you are under no obligation to tell them - so don't (I advise editing your 1st post to change anything that might give the parking company a clue -they do trawl the forum and you could be giving away a slam dunk win).

So the PPC only have a registration number - and they apply for the keepers details so they can send a notice to them - inviting them to name the driver - but as said you are not obliged to reveal that and we advise you don't.

The keeper should appeal as the keeper as they can be held responsible for the charge BUT only if the parking company comply fully with a law called POFA 2012 Schedule 4. If they don't then there can be no keeper liability.

There are also a number of other legal arguments that can be used to show the charge is unenforceable. You will find those in the 1st appeal template letter (in blue) in the sticky thread NEWBIES - which can be submitted as it is (no changes) to the parking company.


Re: the dates you gave:
You are within time to submit an appeal - so get that 1st appeal template submitted

2nd thing is the postal notice is classed as a Notice to Keeper (Ntk) and given the date of issue was 15/6/15 it would be deemed to have arrived with you 2 working days later i.e. 17/6/15

but for POFA 2012 it should arrive no later than day 15 (counting date of event as day 1) i.e. 16/6/15. So they have definitely failed
to comply with that condition. The NtK may also fail other requirements of POFA - you can check these later when you have managed to get you head around more of this.

Lucky for you Highview are a member of the BPA Ltd - which is a trade body that offers a 2nd stage appeal via an outfit called POPLA, at which stage you stand an excellent chance of getting this charge cancelled.

1st by appealing - using the template - to Highview and then when they reject your appeal (which is the expected outcome btw) to POPLA

Redx

Tracal wrote: »

I now need to appeal it all, but I am not sure what I should write in my letter.

no it doesnt make a difference

the BB isnt valid on private land, although the EA2010 is valid

the appointment wasnt for her, so she isnt really affected and any rights she has are not conferred upon anyone else

dont let this distract you from the replies above, which tell you what to do , so so them asap

good luck

Ralph-y

Tracal .... please try to follow all the above advice as it is the best that you will get

If you are still confused with anything then pleas ask

Ralph:cool:

Tracal

Thank you once again, ColliesCarer, Redx and 4consumerrights, I will print off that appeal letter and will make edits to my original post as it would make sense for them to sniff around these forums lol, I will also complain to PALS at the hospital. I will get this sorted today and will hopefully keep you posted of any updates. Can't thank you enough for all your help, I would rather give you the money any day than those cowboys haha.