Highview Parking - PCN

Coeus

Hi Folks!

Hope all is well.

My parents have received a PCN for £85 (£50 if paid within 28 days) for unpaid parking.

Unfortunately this is a case of a mistaken car park - two car parks exist on the same road and they went to the one they thought was free after 6pm - unfortunately that was litterally a few steps across the road opposite.

So they paid no fee and received a PCN.

The issuing company is Highview Parking:

http://www.highviewparking.co.uk/about-highview/

I have read through the main PCN page on MSE so have identified they area BPA member:

http://www.britishparking.co.uk/BPA-Approved-Operators

Naturally I intend to advise my parents to appeal through the company then to POPLA.

Looking at the MSE I see the ruling was to act as a deterrent:

Supreme Court judges ruled in the Barry Beavis case that £85 was not excessive for a 56-minute overstay, and that fines have a "useful" role to play as a deterrent. They didn't however specify what would constitute an excessive charge.

In this case the fine is not acting as a deterrent - this was a case of mistaken car parks! There was no intention never to pay.

http://en.parkopedia.co.uk/parking/carpark/ccp/cw2/crewe/?arriving=201611050900&leaving=201611051100

What are your thoughts please?

Is it wise to include a cheque for the revenues lost (£3 24HR)?


Thanks in advance!


Coeus.

Fruitcake

Don't read the "official" MSE stuff about parking, it's crap. Especially, don't use the "official" MSE appeal letter. It gives away the driver's details which in turn gives away a valuable appeal point.

It is not a fine.

Please read the Sticky thread for NEWBIES then send the BPA template in blue you will find there. Copy and paste and send. No editing.

That's phase 1 done. Then start reading on how to beat this at PoPLA.

Was there a windscreen ticket, or just did the PCN/NTK come through the post?
What is the timeline of events.
Date of alleged event/windscreen ticket.
Date PCN/NTK arrived in the post.
Please don't tell us who was driving. Refer only to The Driver.

Umkomaas

Don't be concerning yourself or your parents about Barry Beavis at this stage. Your parents need to send the blue text template initial appeal from the NEWBIES FAQ sticky via the method required in the Highview NtK.

Highview, if they don't fold at the initial appeal stage can be easily beaten (with forum assistance) at POPLA.

Do not send any money - futile exercise. Barry Beavis was never about a pay car park, but there were judgments made that Beavis does not apply in a pay car park, so will work for you, rather than against you.

Coupon-mad

Same advice as this CEL one - this is just as easy with Highview - but do NOT read the MSE article nor use the 'official' MSE appeal template:

https://forums.moneysavingexpert.com/discussion/5551990

Highview, CEL, Smart, CP Plus and others choose NOT to use the POFA wording, hence why they LOSE at POPLA when a registered keeper appeals, not saying who was driving. It really is that easy and 100% a win if the POPLA appeal is worded properly later on.

The NEWBIES thread has the sort of template appeal for first stage (to Highview) to stop your parents shooting themselves in the foot by writing about what happened. The registered keeper appeals (the same person named on the Highview 'letter') with no story of the day.

Coeus

Hi.

Apologies for the delay in response only now have I got the info from the parents.

The PCN has come directly in the post to my Father as the named owner of the vehicle in the DVLA database.

I confirm they are a BPA member stated on the notice.

I have read the NEWBIE stick as advised.

The blue section as noted is:

Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

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.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Could you please confirm for me this is the correct section to send?

Also that my Father will send this as the owner of the vehicle and in now way indicate that he was the driver of the vehicle.

Is it best to send by recorded post?


Really appreciate all your help. Vultures these companies are.


Regards,


Coeus.

Redx

that is the correct template as its the blue text one

do not send recorded , they could refuse it

send by normal post and ask for a free certificate of posting at the P.O. Counter , to prove it was sent and was accepted for posting by the P.O. themselves, it is deemed "delivered" 2 days later , same as the Highview letter was to the RK (that one wasnt recorded , was it ? no , definitely not)

anyone can use the P.O. to do this , but it is done on behalf of the keeper, or by the keeper themselves

the NTK will tell the keeper how to appeal , either online , by post , email , or whatever , use one of their official methods to do so

Coeus

I can appeal online but must select one of the below to proceed:

Tick here to confirm that you were the driver and that the PCN you have received contains the correct information

Tick here to confirm that you were not the driver or that the PCN you have received contains incorrect information

Would post be better in this case?

Redx

if in doubt , send by post , as nobody should be admitting either of those 2 above unless they definitely were NOT the driver , so if in doubt , POST

in general , only a fool would tick the I WAS THE DRIVER option

Coupon-mad

Choose the second one - not sure why people ask this, but they do, it's obvious surely? Do it online in father's name. DO NOT POST IT.

Carthesis

Coupon-mad wrote: »

Choose the second one - not sure why people ask this, but they do, it's obvious surely? Do it online in father's name. DO NOT POST IT.

it's because generally speaking - and i make this comment while drawing no inferences - there is a decent chance the RK was, in fact, the driver. So I suspect people get their knickers in a twist about "lying" to these companies.

Because it's not like the company is lying to or otherwise misleading or trying to con them, oh no! You know - by having this extremely sneaky check box that you **MUST** complete to be able to appeal in the first place!

People might also miss the fact it's an "OR" statement - tick the box if you weren't the driver OR there is incorrect information on the PCN.

Given the state of Highview PCNs, i don't see how you could select anything BUT that option.

Coeus

Hi everyone.

I posted the letter on the 10th so missed you advice Coupon-mad.

I did post it recorded so if it gets rejected I can tell and will follow the advice to go online.

Thanks for your help so far - now the waiting begins...


Coeus.