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Help with Highview Parking Charge Notice
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There is a thread I started which deals with double-dip cases which may be of use to you, and can be found by clicking on my username.
Sounds like that could be one pillar of your argument.
Thanks Carthesis
Do you think its worth going back to Highview first before doing the POPLA appeal or would I just be wasting my time?
Thanks0 -
Waste of time. Never go back to a parking firm before POPLA, if you have the code then it's POPLA time.
I am so glad you didn't say who was driving in your appeal because that's you first point of appeal, the Highview NTK not being a POFA version (read it, you will see it can only hold a driver liable and doesn't mention keeper liability). This recent pepipoo thread should help:
http://forums.pepipoo.com/index.php?showtopic=110062
I post as 'SchoolRunMum' on pepipoo and you can see I've suggested there what I believe to be the main failings of the wording of a Highview PCN. Then you follow that first 'no keeper liability' appeal point which talks abut the lack of POFA compliance, with the other template issues = the individual appellant has not been shown to be the person liable (driver); unclear signs between the car parks; 'no landowner authority' and the fact it was a double dip case, no overstay at all, explaining thus and embedding into your word document, the proof of the driver's spending at Morrisons which you will clearly have to tell POPLA is off-site and the car was moved then returned, contrary to the ANPR wrong evidence (you can also show the BPA article* which admits double dip errors are a failing of ANPR technology):They clearly haven't read my appeal email as I stated that the vehicle was moved between car parks but their rejection is on the basis that Morrisons is not part of their clients property.
Show us your draft POPLA appeal putting all that together into one word document.
*I recall IamEmanresu posting a link to that article by the BPA.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks Coupon-Mad i'll draw one up and post here once done.
Can I just confirm I have 28 days to get this appeal to POPLA is that correct?
Also I checked the POPLA website yesterday to see how the appeal form was layed out and it seems you have to select certain criteria for your appeal, like 'I was not improperly parked' or 'I was not the driver of the vehicle', reading on this forum its advised to send the appeal on a word or pdf document, how am I able to do this without selecting the various options?
Many Thanks0 -
Hi Coupon-Mad
I've read your post on pepipoo now and after reading about the POFA bit i'm now more confused, why can't legal documents be worded in simple English...lol.
Anyway this is the last paragraph on my Highview PCN. Can you confirm if this does or does not mean i'm able to appeal on the POFA bit please?
Having checked the vehicle details with the Driver and Vehicle Licensing Agency (DVLA), we are writing to you because either you were the registered keeper at the time of parking, or the registered keeper has named you as the driver at the date and time of the event.
In accordance with the Terms and Conditions clearly and prominently displayed and agreed to when your vehicle parked on our Client's property, the payment of £70 is required within 28 days from the date of this Notice. We will accept the reduced sum of £42 if payment is received within 14 days i.e before xx/xx/xxxx . If payment is not received within 28 days, an initial debt recovery charge of £40 will be incurred.
The driver of this vehicle is required to pay this parking charge within the timeframe stipulated above. As we do not know the driver's name or current postal address, if you were not the driver at the time, you should provide us with the name and current postal address of the driver and pass this notice to the driver. If the vehicle has been hired, please provide a signed statement confirming the hirer's name and address and include a copy of both the hire agreement and their statement of liability.
Is the £40 debt recovery fee something to be concerned about also?
Thanks0 -
carcuscrae wrote: »Thanks Coupon-Mad i'll draw one up and post here once done.
Can I just confirm I have 28 days to get this appeal to POPLA is that correct?
Also I checked the POPLA website yesterday to see how the appeal form was layed out and it seems you have to select certain criteria for your appeal, like 'I was not improperly parked' or 'I was not the driver of the vehicle', reading on this forum its advised to send the appeal on a word or pdf document, how am I able to do this without selecting the various options?
Many Thanks
You check the 'Other' criterion - standard forum advice which has proved not to be disadvantageous to the appellant.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
No. The £40 is a cost that isn't recoverable.0
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Read POFA Schedule 4 which specifically prohibits it.0
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carcuscrae wrote: »Thanks Coupon-Mad i'll draw one up and post here once done.
Can I just confirm I have 28 days to get this appeal to POPLA is that correct?
Also I checked the POPLA website yesterday to see how the appeal form was layed out and it seems you have to select certain criteria for your appeal, like 'I was not improperly parked' or 'I was not the driver of the vehicle', reading on this forum its advised to send the appeal on a word or pdf document, how am I able to do this without selecting the various options?
Many Thanks
Post #3 of the NEWBIES thread answers these questions already, I think.
And very obviously that wording isn't POFA wording. Schedule 4 para 9 is in plain English and easy to compare to a PCN.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »Post #3 of the NEWBIES thread answers these questions already, I think.
And very obviously that wording isn't POFA wording. Schedule 4 para 9 is in plain English and easy to compare to a PCN.
Hi Coupon-Mad
Thanks for the reply. After reading POFA Schedule 4 Paragraph 9 and comparing it to the wording on the PCN I have been sent as detailed in post #15 above , it would appear that they have conformed to section (2) (e) would you say that is correct?
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
However, it does appear that they haven't conformed to section (2) (f) as they have not mentioned the creditor can recover the amount from the keeper, would you agree this is correct?
(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
And possibly (2) (h) unless the creditor is Highview Parking?
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
Can you or someone please confirm that what I have stated above is correct please?
I will then draw up an appeal and post here before sending over to POPLA.
Many Thanks for the continued assistance with this everyone.0
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