Highview PCN for Double Dipping now CANCELLED - YAY

Cmdr_Bond

The_Deep wrote: »

Here is a wheeze, why not s tell them that you were the driver on the first visit, and your wife was the driver on the second visit. As neither of you overstayed, they have no case.

Interesting thought

Cmdr_Bond

Coupon-mad wrote: »

Yes... You are not. Just use the template in blue writing in the NEWBIES thread and add some vague wording not implying who was driving, like:

The driver visited twice, so your ANPR system is displaying the usual serious fault that your Trade Body the BPA warns about with this technology: namely, it has defaulted to show the first arrival and last exit of this vehicle on that day. The occupants of the car were browsing in Harvey's/Benson's and we later returned and days later, completed an order which was worth £xxxx (copy order attached as proof of patronage). It takes time to choose furniture when spending a large sum.

Should I omit the bit about the signage size, as there ARE multiple visible signs throughout the car park?

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Cmdr_Bond

Update, retailer can't help because they're not the landowner.

Cop out methinks, looks like it's the appeal route.

So, post or through their website?

Fruitcake

Cmdr_Bond wrote: »

Update, retailer can't help because they're not the landowner.

Cop out methinks, looks like it's the appeal route.

So, post or through their website?

Keep the signage wording in your appeal. It's up to them to prove otherwise.

Appeal using whatever method is on the PCN/NTK. If by post, then first class (NOT Recorded or Special) from a Post Office, obtaining a free proof of posting.

Complain to the DVLA about the use of non geographical numbers on the signs and letter. This is a clear breach of the BPA CoP.

Take your stuff back to the shop, tell them you cannot now afford it and you will never shop there again. It matters not if they don't own the land, they didn't warn you about the predator parking scammers so they must share the blame. Nothing will change unless the public rebel and the retailers take note.

Cmdr_Bond

I'm afraid taking the stuff back is not an option.

It's on credit (interest free) and hasn't even been delivered yet.

Yes, I could cancel the order, but I'd only have to go and order it again elsewhere. It's not going to happen. I'd rather pay the ticket than deal with SWMBO in that respect.

Everything else if on though.

Going to read up on the BPA CoP

Cmdr_Bond

Fruitcake wrote: »

...

Complain to the DVLA about the use of non geographical numbers on the signs and letter. This is a clear breach of the BPA CoP.

All I can find is this...



Taken from here.

http://www.britishparking.co.uk/Code-of-Practice-and-compliance-monitoring

Fruitcake

Cmdr_Bond wrote: »

All I can find is this...



Taken from here.

http://www.britishparking.co.uk/Code-of-Practice-and-compliance-monitoring

Basic rate refers to geographical numbers, 01, 02, 03 etcetera. An 084X number is a premium rate number, so is a breach. I meant to say complain to the DVLA and BPA about the use of these numbers.

Carthesis

All this is really quite irrelevant in some regards.

As C-M has said, just send of the template letter or some version of it, specifically with the added section about leaving and returning. I'd be careful about using the Google Maps evidence, as it's be relatively easy to fake, but then again, they aren't to know that. I'd also check on the signage to make sure you aren't falling foul of any "2 hours free - no return within 3 hours" type wording they could then try it on over, given you'd have just freely admitted it to them. Although if you claim to have left and returned, the burden of proof is on them to demonstrate that you haven't.

I recently had an invoice from Highview, and it took me about five minutes to realise that the letter doesn't conform to the POFA 2012 requirements for an NtK - they were the grounds I appealed on, and they cancelled it with barely a squeak (although in my case they tried telling me I'd breached the terms in a 90 min free car park by staying there for only 23 mins...??)

Personally, I sent the appeal electronically to get the emailed confirmation of receipt, but made it clear i'd be following up with a physical letter. I then sent the letter by standard 2nd class post with the free proof of postage. Absolutely no way for them to wriggle out of it at that point.

My letter to them is here:

http://forums.moneysavingexpert.com/showpost.php?p=71117396&postcount=4

Feel free to use that, although it is itself an extension of the template letter on the Newbies thread.

Cmdr_Bond

Thank you.

The no return period is/was 1 hour, so not an issue.

I'd be interested to know exactly how your letter didn't conform.

I'm obviously not willing to post the letter here, but i could enter into a private conversation and send a redacted copy of you would care to give your opinion?

When you said electronic, did you mean you emailed them directly, or followed the dispute link from their website?

I'll read your letter too.

Thanks.

Cmdr_Bond

Carthesis wrote: »

All this is really quite irrelevant in some regards.

As C-M has said, just send of the template letter or some version of it, specifically with the added section about leaving and returning. I'd be careful about using the Google Maps evidence, as it's be relatively easy to fake, but then again, they aren't to know that. I'd also check on the signage to make sure you aren't falling foul of any "2 hours free - no return within 3 hours" type wording they could then try it on over, given you'd have just freely admitted it to them. Although if you claim to have left and returned, the burden of proof is on them to demonstrate that you haven't.

I recently had an invoice from Highview, and it took me about five minutes to realise that the letter doesn't conform to the POFA 2012 requirements for an NtK - they were the grounds I appealed on, and they cancelled it with barely a squeak (although in my case they tried telling me I'd breached the terms in a 90 min free car park by staying there for only 23 mins...??)

Personally, I sent the appeal electronically to get the emailed confirmation of receipt, but made it clear i'd be following up with a physical letter. I then sent the letter by standard 2nd class post with the free proof of postage. Absolutely no way for them to wriggle out of it at that point.

My letter to them is here:

http://forums.moneysavingexpert.com/showpost.php?p=71117396&postcount=4

Feel free to use that, although it is itself an extension of the template letter on the Newbies thread.

Having now had chance to read your letter linked above, I feel confident in challenging this.

I hope you don't mind it I use your letter as a template for mine, the bits about the photographs are especially relevant.

Regards the GPS data, i think I'll say something along the lines of between x and y i can prove the vehicle was elsewhere.

Therefore their claim is incorrect.

If their system cannot differentiate multiple visits and the time elapsed between them, it's not fit for purpose.

If it can, then either the operative reviewing the data was negligent, or they are deliberately trying to defraud innocent an vulnerable people by blatantly distorting the facts.