Request for driver details received

4consumerrights

wizzweasel wrote: »

Hi I've submitted an appeal to Highview Parking after receiving a postal PCN which asked for £85 after parking 23 mins longer than 'allowed' in a retail car park before Christmas. In my correspondence I referred to 'the driver' as instructed in the NEWBIES thread.
I have now received an email asking for driver details. Not sure what to do - will I weaken my case or any future POPLA appeals if I give them the driver details? Wording in email follows:
"The representations stated in your correspondence have been noted and considered. In order to reissue this Notice, we will require the full name and address of the driver at the time this charge was incurred."

Any advice gratefully received, Thanks

This is quite often seen from this company.

A number of parking companies, including Highview don't even mention POFA on their notices to keeper, hence they cannot seek to invoke keeper liability and their attempts to extract the driver details.

The parking charge notices, often arrive out of time as well.

As others have mentioned you should complain directly to the BPA and reiterate to Highview that the appeal is being submitted as previously stated as registered keeper and you are not obliged to name or confirm any driver details.

wizzweasel

Many thanks for the advice all.

Double_V

beamerguy wrote: »

Brilliant :T
This perfectly legal way is called "An Eye For An Eye"

Oh boy, these Parking Cowboys are really struggllng now

Folks, an industry that is legal and genuine would never get up to these silly tricks ... but we know the PPC industry are simply scammers and now, it seems that the BPA have become the biggest waste of space in the parking industry. And IPC/IAS well, the Red Cow bunch of cowboys are the biggest joke of all.

Then we have the County Court Judges who right now cannot see a scam if it hit them in their faces.

A very sad system. Patrick Troy of the BPA IS USELESS
David Dunford of the DVLA is responsible for allowing fraudsters like UKPC to scam the motorist.
Why on earth is Dunford allowed to continue, why is Troy allowed to continue ???

A full government investigation of these two bods IS REQUIRED, its very fishy, infact it smells so bad and will probably make Watergate look like a kids game

NEWBIES ONLY .... regulars have seen this
REAL REGULATION is required not the like of the BPA, so now the government petition has reached 8,384 signatures

DO IT
https://petition.parliament.uk/petitions/111925

Just signed and shared on Facebook.

wizzweasel

I have submitted my appeal and received acknowledgement from praking company but before any decision has been sent on my appeal (No rejection, no POPLA code) I have now received a 'Legal Action Pending' letter with an increased charge from £85 to £125
I consider this a breach of BPA code of practice

22.6 When you receive a appeal 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 appeal.

Do you agree and does this help my case if I go to POPLA ?

Quentin

It doesn't help you win your case, (lots of them do this sort of frightener trick), but you should complain again to BPA about this breach of the C.O.P.

Coupon-mad

wizzweasel wrote: »

I have submitted my appeal and received acknowledgement from praking company but before any decision has been sent on my appeal (No rejection, no POPLA code) I have now received a 'Legal Action Pending' letter with an increased charge from £85 to £125
I consider this a breach of BPA code of practice

22.6 When you receive a appeal 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 appeal.

Yes it does potentially add something for POPLA stage, but mainly I would be emailing the BPA and DVLA to complain about this threat (still being careful to be the 'registered keeper' only). Just say what you've said above, that's a good complaint summary and email it - with the PCN ref and Highview in the subject line - to:

david.dunford@dvla.gsi.gov.uk

and

aos@britishparking.co.uk

It is possible with the BPA and DVLA breathing down their necks, Highview might make a 'goodwill gesture' and cancel it sooner. Even if they don't cancel it yet, every complaint counts and should also get that POPLA code to you quicker.

wizzweasel

FYI I have emailed BPA and DVLA as advised. Nothing from DVLA but response from BPA as follows.


(More developments in my next post.)


Please provide copies of any letters, documents, parking charge notice, photos etc you may have in order for us look into this matter.


We will investigate any complaints about alleged non-compliance with the Code of Practice. However, we are not set up to deal with disputes from the general public about parking or control. Nor are we a regulatory body. Therefore, the Code does not provide a way for a driver to challenge how a landowner or operator has applied parking control and enforcement on private land. Any challenge or appeal is a matter for the landowner’s or operator’s procedure, with the option of taking it to POPLA and / or the courts. We will not get involved in arbitration of a dispute between an operator and an individual.
Please provide copies of any letters, documents, parking charge notice, photos etc you may have in order for us look into this matter.

We will investigate any complaints about alleged non-compliance with the Code of Practice. However, we are not set up to deal with disputes from the general public about parking or control. Nor are we a regulatory body. Therefore, the Code does not provide a way for a driver to challenge how a landowner or operator has applied parking control and enforcement on private land. Any challenge or appeal is a matter for the landowner’s or operator’s procedure, with the option of taking it to POPLA and / or the courts. We will not get involved in arbitration of a dispute between an operator and an individual.

wizzweasel

To summarise I received a demand for £85 from Highview Parking for overstaying 20mins at Fforestfach Retail Park, Swansea just before Christmas. Evidence was via ENPR cameras.


I appealed - no signs on entry, poor signage on the site.


I had not seen signs in the car park due to low light in late December, pouring rain and trying to supervise two children. When I returned I did see signs high on posts in amongst the cars but photographed lack of signs on entry to the site and no notification of ENPR cameras in operation. Sent my appeal to Highview and received acknowledgement. Later received a Legal Action Pending notice as detailed in earlier posts.


I also rang M&S Fforestfach and asked for the manager's name. I received the usual reply from the customer service advisor "Its nothing to do with us - it the parking company" but was not deterred.


I wrote a fairly stroppy letter to the manager including copies of receipts and details of M&S Premier Club membership. I mentioned that I was enjoying afternoon tea in the M&S caf! on the day of the "offence" using vouchers they had sent on my birthday. I had spent about £60 in store but with money off vouchers had spent about £30 onto the day. I also wrote to Next and Boots but received no response from them.


I received an email from the manager of M&S a week later - he had with some difficulty managed to contact Parking Solutions Ranger Services - (partner company of Highview who run their ENPR operation) who had agreed to cancel the PCN.


This morning I received a letter from Highview Parking confirming the cancellation of the PCN full and that no further action will be taken. Furthermore they 'apologise sincerely for any inconvenience caused in this matter and can confirm this case has been closed'.


Thanks to all on this forum for your advice and for sharing your experiences.

Coupon-mad

Well done!

I will add this to the 'successful complaints' thread here which is a link early on, in the NEWBIES thread:

https://forums.moneysavingexpert.com/discussion/4766249

We do sometimes get Fforestfach Retail Park mentioned so it is useful to know that the M&S Manager now knows how to get these cancelled for customers, as he damn well should!