Highview Parking, Coventry - non-compliant NTK and POPLA appeal

Eebe

Thanks Umkomaas. I have embedded them although they are not very clear. The website says they can be attached to the appeal so I will do that too if it's straightforward.

The reason I wanted the signage point first is in case they do make a decision about it. If they say it's not sufficient I might go to the local papers about it so other people can be made aware. If they think the signage is fine I hope the non-compliant NTK will win it for me.

I'm just really annoyed about Highview now. Firstly about the lack of signage which has probably caught other people out too. The photos I took of the entrance were taken 2 months after the event and clearly they haven't improved them. Secondly, having spent hours on this site trying to understand it all I'm so angry with the way they phrase the notice to (in my opinion) trick you into paying. Having left it for nearly a month I think they had no right to contact me. They don't deserve to raise any money from this carpark with those tactics.

Fruitcake

When you win you can still go to the papers even if you win on non POFA complaint NTK. You want to warn people that scammers are operating at this location and not complying with an Act of Parlaiment. Their signage is also inadequate and cannot form a contract.

Make sure the press don't use the word fines, and they DO tell people not to ignore these charges, but to complain and appeal.

Eebe

In fact, from my initial reading on this forum, I thought the operator wasn't allowed to ask the DVLA for the information if it was requested more than 14 days after the event and/or the DVLA weren't supposed to provide it. I'm not sure if that's true and I can't recall where I saw it.

Coupon-mad

No that's not true, they can ask late but if so, can only go after a driver.

Eebe

I'm delighted to say that Highview have decided not to contest my appeal at POPLA. Email received as follows:

[FONT=&quot]Highview Parking have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.[/FONT]

Thanks for all the help! I will post on the results sticky. Do you need the POPLA reference.

I'm still thinking about going to the papers with this as well as complaining to the landlord of the site. If I do, should I still keep the identity of the driver secret? Could Highview re-issue the charge to the driver?

Coupon-mad

No they can't, they have to cancel a PCN fully, if they cancel at POPLA stage! Nice one!

Timothea

Eebe wrote: »

The notice I received is non-compliant with POFA as has been mentioned in respect of Highview in many other posts and will form part of my defence, but I wondered if anyone knew why Highview go down this route? It seems to me that it would be relatively simple to make their notices compliant and then keepers like me wouldn't be able to use it. I've read lots of Highview posts but haven't come across anything that helps me understand why they operate this way.

I think it could be one of two reasons:

1. The PPC makes more money scaring people sh*tless and getting them to pay up than they do by issuing POFA-compliant NTKs, with all those helpful words.
2. The PPC obtains keeper details manually, using form V888/3, which prevents them from doing so before day 29, so they can't issue an NTK by day 14.

Or it could be the reason Coupon-mad gave.

Eebe

Timothea, I wrote to the DVLA and asked for a copy of the V888/3. The request was submitted electronically 24 days after the event. The notice was issued 3 days after that.
I think you're right about scaring people. It is written in such a way that you think you have no option but to pay.
Clever really!

Eebe

Also meant to say, at the time I couldn't find out who owned the retail park (despite writing to the 3 retailers we'd visited), but subsequently I discovered it is a company called LondonMetric Property plc. Website is http://www.londonmetricproperty.co.uk/

MothballsWallet

I can definitely answer your question, Fruitcake:

Fruitcake wrote: »

Converted to live links.

Excellent photos, complete with metadata time stamps.

Is the car park covered by byelaws? This would be an extra appeal point if it is.
<snipped>

No, it's not (or shouldn't be at least) - this is has always been a shopping park that used to be called Orchard Retail Park, until the landowner decided to change it to Coventry Airport Shopping Park - Coventry's airport is approximately 1 mile away across Tollbar Island (aka Suicide Island) roundabout.

The only "park" around Coventry Airport is Middlemarch Business Park, and it's all offices and warehouses.