Details on Parking Charge Notice

cyclonebri1

Another demand today, this time for £140 and threatening court action, (bring it on).

Another letter of complaint to British parking and copied to highview as below;


Here is a copy of an email text sent by me today to British Parking, your controlling body.


"Hi, since I sent my original letter of complaint to you I have today received another demand for monies, this time £140. Are they really under the guidance of your organisation because their behaviour is disgusting. It is quickly approaching 60 days since I appealed the case and no reply to any emails I send, just a standard "your appeal has been received"headed automated reply.
I did tried to query the last letter demanding £100 but was told it was just an automated response. This no doubt is the same. My question to you is do you consider this the correct professional behaviour from 1 of your members.
A draft of this is today being sent to Highview and to my solicitor should they take the court action they threaten in their letters.

Your comments would be appreciated as I have heard nothing from you since my last email

xxxxxxx zzzzzzzz, registered keeper."

This is because you have failed to respond to the appeals process as promised and have now sent a further threatening demand notice for £140.

Could you please have the common decency to respond.

Yours as above.

cyclonebri1

Finally received the 1st email back from these clowns yesterday and to be honest I am now starting to get a little worried.

They claim they sent me an email on the 1 Nov turning down the appeal. This I have simply not seen, to be honest I was expecting a letter as in the wording on every automated email from them I have received, I have 12 in total the claim yesterday was the first from a person, anyway the the acknowledgement state;


"Thank you for your appeal submitted via our website.

Further action on your Parking Charge Notice has been put on hold - please wait to hear from us.
We aim to write back to you within 14 working days, but certainly no more than 35 days after your representation is received"

So as we were going to Lidl again today I took all my documents, blue badge, and proof of purchase etc to see for the final time if the manager was in.
Pretty useless to be honest, suggested their customer service.
Now, inspite of what was said earlier the assistant couldn't have tried harder. All explained and she appealed to Highview while I waited, they turned her down too, she was very sympathetic but I think that avenue is now fully explored..

So after at least 8 emails to them yesterday they responded again today with a copy of an email they claimed to have sent on the 1st of regarding dismissing the appeal, this was whilst I was on the phone to Lidl. Now given the advice imparted to me here I would have been appealed it to POPLA immediately I received it.

So, I now have a POPLA code that is over 28 days old so technically invalid?

I have re-emailed stating this, asking if valid and to supply a replacement if not, along with Lidl's involvement.

It was said there was a link to a POPLA appeal template earlier, can someone direct me to that?, as it seems to be the only thing to do now, once I have confirmation that I can appeal under the code.

I am actually unsure as to what grounds I would appeal on as Highway seem to rule out the blue badge issue and that was the option I ticked on their very narrow appeal form, ie, there was no option other than than, stolen car or breakdown etc.

Edited to add

AOS, British Parking are now at least taking an interest and I have sent a further 3 emails to them forwarding everything I have and all correspondence made so far, including a copy of the appeal text.

I am acutely aware of not stating I was the driver, do I say who was?

How do I get across the fact that the defence I wanted to put to Highway was not given as an option so the blue badge choice was the only option?

Coupon-mad

So, I now have a POPLA code that is over 28 days old so technically invalid?

Try the code in the POPLA webpage of course. NOW!

I expect it has expired but so what? It's only Highview. If it works, use it tonight by flinging together the templates in the NEWBIES thread post #3 and starting by saying the NTK is not compliant with paragraph 9(2)f of the POFA.

I am acutely aware of not stating I was the driver, do I say who was?

No. You can say you were an occupant of the car. Highview can't hold anyone except the driver liable so NEVER give up the name nor imply it.

cyclonebri1

NTK is ???, I just recall that as "need to know"

And thanks again.

Edited, of course, notice to keeper.:wall:


Ok as suspected POPLA code expired so sent this to both Highview and BPA, changed a few words to protect the innocent.



Hello, as I suspected the POPLA code you supplied yesterday 0000000000 is invalid. I suspect you knew that.

Given that you failed to pass this information to me on the date you said by email or that i did not receive said email, as I was expecting you to "write" as stated on the reverse of every automated email you have recently sent. I have no emails dated around the X November as you claim and you admit you did not supply details by post as you have managed to do for all 2 charge notices so far. The email you sent is merely text and doesn't prove it was actually received, I would not ignore, I'd been waiting weeks for it to arrive.

I am quite willing to take this up by POPLA appeal but you have prevented me from doing that by non-compliance with your professional body the British Parking Association by not supplying a POPLA code by the method stated.

Given your Charge Notice is non-compliant with The Protection Of Freedom Act 2012 Schedule 4 paragraph 9 which indicates that you must:

Warn the keeper that if the parking charges remain outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that "creditor" will be entitled to recover the parking charge from the registered.

Now given that in no place on your Notice to keeper do you refer to your demand as a Parking Charge, but simply as a charge, and nowhere is the keeper warned that he becomes liable after 28 days, then your charge becomes unenforceable.

Please advice me how you wish to proceed at your earliest convenience as I will have to pass this on to my legal services adviser

XXXXX,ZZZZZZ, the registered keeper


Now from the info passed on in this thread I do accept I'm making a bit of a pigs ear of things but to anyone who reads this if I did receive an email replying to the appeal dismissal then I genuinely didn't see it or open it, given the advice here it would have gone straight to POPLA appeal.

Still onward and upwards, just remembered I do have family legal assistance in place and at next correspondence from HP it will be passed on to them. Just don't want HP to profit by £139 out of our misinterpretation of their sign.

Coupon-mad

You don't need to use legal assistance v Highview. They only send letters. I would be concerned that a legal advice line will think the Beavis case applies and might not realise the importance of the lack of the POFA. But maybe I'm wrong.

I expect the BPA to tell you that they believe their beloved paying AOS member, not you, about the email...because of course, consumers are (not) 'at the heart of the BPA's thinking'.

cyclonebri1

Coupon-mad wrote: »

You don't need to use legal assistance v Highview. They only send letters. I would be concerned that a legal advice line will think the Beavis case applies and might not realise the importance of the lack of the POFA. But maybe I'm wrong.

I expect the BPA to tell you that they believe their beloved paying AOS member, not you, about the email...because of course, consumers are (not) 'at the heart of the BPA's thinking'.

I know what you're saying, but the highlighted bit emphasises what i was saying, ie that they would write back to me.

The legal advice line was very vague, I've used it quite a few rimes purely for advice rather than to get them to act and have always been satisfied that I spoke to a qualified solicitor who knew what they were talking about, but this time was different as I think I got the office junior as every question I posed was answered with unsure or possibly.
The 1 question I really wanted answered was does an email qualify as writing to someone if that's what they stated? I couldn't get a definitive answer to that but it's clear from searching elsewhere that all legal matters have to be sent by letter.

Not saying this is a legal matter, quite the opposite but as I feel that they have deliberately prevented me from appealing to POPLA I see my only recourse was to kick up about that as the post above shows to both Highview and BPA.

Sit back and do nothing time I think, but will get an answer to that question from 1 of the legal forums.

Can I take it that Highview, even though the last notice was headed legal action pending, never follow through?

Umkomaas

Can I take it that Highview, even though the last notice was headed legal action pending, never follow through?

~330,000 tickets in 2 years and not one court case.

http://www.bmpa.eu/companydata/Highview_Parking.html

Guys_Dad

cyclonebri1 wrote: »

Ok as suspected POPLA code expired so sent this to both Highview and BPA, changed a few words to protect the innocent.

Have you checked the POPLA code here to see if it could have been sent on the day they said?
http://www.parkingcowboys.co.uk/popla-code-checker/

It would be great if it was before or after the date they claim!!!! Real sanction from BPA, hopefully.

cyclonebri1

Just read the last 2 replies, cheers guys.:T:T:T

A couple of days ago I said to myself, enough !!!! from these guys, not another word to them. Let them take me to court.

To be honest I would have gone that way from day 36, only concern was court costs if I lost, but when I got the fact that they cannot claim costs, well let them spend £25 to raise a case for a 1 in 30000 chance.:T:T:T:T:T:T:T

GD, just looked at that link, brilliant.

cyclonebri1

Well, I did actually think this had "gone away", however today received a letter from DRP, Dept Recovery Plus Ltd, bordered in bright red of course.

Gist of the letter is pay pay pay, or we/they'll recommend that they (Highview Parking) take me to court.

Right or wrong with no details given not even who I was just their ref number, I called them.

Told them I was quite prepared to deal with it in court and to inform their client of this.

All the threats I've seen re the case that went to supreme court and many others are in the letter and all designed to intimidate in my view.

I would appreciate any comments and confirmation that this is still HP's normal game.