Late arrive of PCN for leased vehicle - Highview Parking

elmarcinio

Hi all, just thought I'd post to round this thread off... After sending a version of Edna's suggested email, I received an acknowledgement email which clearly stated not to chase them up... I then received a 'reminder' PCN in the post, but I rested assured that they had received my email... and then today I received the following email from Highview!! Huge thanks to all who helped above!

Dear Sir,
Thank you for your correspondence. With reference to the Charge Notice issued to the above vehicle, after reviewing our data and in view of the representations made in connection with its issue, we can confirm that we have decided to cancel this Notice and no further action is to be taken.

Yours faithfully,
Highview Parking Limited

elmarcinio

Oh - and this was the email I sent which did the trick (in case it helps others in the future)

To whom it may concern,

Reference: Parking Charge Notice xxxxxxxxx : Vehicle Registration xxxxxxx

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Ltd (“Highview”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Highview’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Highview has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,

Coupon-mad

Brilliant news and a good job done. Well done to Edna Basher for that template.

hoohoo

Well done elmarcinio and the basher

Its not as if highview's NTKs are compliant anyway, let alone their notice to hirer. POFA is badly drafted; arguably there was never any need to wait for 21 days,because this condition failed:

13 (1) This paragraph applies in the case of parking charges incurred in respect of
the parking of a vehicle on relevant land if—
(a) the vehicle was at the time of parking hired to any person under a
hire agreement with a vehicle-hire firm; and
(b) the keeper has been given a notice to keeper within the relevant period for the purposes of paragraph 8(4) or 9(4) (as the case may be).

And notice to keeper is defined here:

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.

...etc

But no harm in waiting the 21 days as this is dead cert violation of the requirements.

Edna_Basher

elmarcinio wrote: »

Dear Sir,
Thank you for your correspondence. With reference to the Charge Notice issued to the above vehicle, after reviewing our data and in view of the representations made in connection with its issue, we can confirm that we have decided to cancel this Notice and no further action is to be taken.

Yours faithfully,
Highview Parking Limited

Excellent

nigandjules

Thank you so much Edna, I have tweaked this to help my Dad who has received a PCN,


I hope this is ok, as he only just let me know and its the last day to post it today!


Dear Sir,



Parking Charge Notice xxxxxx: Vehicle Registration [xxxxx]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by ES Enforcement Ltd (“ES”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why ES's Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that ES has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, in my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,

nigandjules

Incidentally on ES parking is the website the only link that seems to work is the one that you would click on if you wish to hire them to manage your parking situation. Links to online appeal processes and almost anything else are not working and getting a 404 page return back. Surely they should h provide a working website

surveyor_101

In my case BPA/POPLA have stated they don't give a monkeys when the ticket arrived as long as it is dated by the operator before the 14 days they dont care.

Bluecat115

Hi Edna, I had done great help with an unfair ticket on our company car. We now have the parking charge notice to hirer. Is this the letter I now need to send please? And I send it to the company - yes? Thanks so much for your help

Mits111

Hello all,

I'm new to this so please mind my ignorance. I've got a similar parking dilemma and was wondering if I can use the above template for my parking charge.

Here's my story -

My vehicle is a company lease vehicle from Arval

2/11/2016 - received a ticket from UKPC on my windscreen in High Wycombe hospital, I was working for the hospital itself.

06/12/2016 - UKPC send NTK, this was sent to Arval and was dated, also included picture, charge etc.

21/12/2016 - Arval replied back to UKPC advising that they are the leasing company and passed on my information as the hirer.

22/12/2016 - Arval sent me a copy of the parking charge notice from UKPC.

29/12/2016 - is when I actually received the copy from Arval.

Please note I am yet to receive anything directly from UKPC. Apart from the original ticket on my windscreen.

My questions are -

Do I wait for UKPC to send me a notice to keeper and then contest it using the template above?

Do I go ahead and use the template now?

Do I wait until I receive the NTK from UKPC, see if it's sent within 21 days of Arval sending them of my information and use another template?

Appreciate help with this