Highview PCN

sirromjp

I've read all the recent posts I can find and there is so much of it that it is difficult to know what to do for the best and which is going to be the most effect course of action, so I hope I can get some guidance here.

I am the keeper not the driver
Received postal PCN on 31/1/17 - 29 days after alleged overstay of 11 minutes
ANPR shows vehicle arriving & leaving
No shopping receipts
3 shops in retail park
Wrote to Aldi but they don't have the contract with highview and therefore unable to help
Haven't written to M&S or Go Outdoors
Have drafted basic letter to Highview stating not driver and requesting cancel or send POPLA code but I don't fancy my chances from what I've read. Should I add paragraph about minimum time allowed to park etc? Is it 10 minutes parking + 10 minutes exit or just 10 total?
Received 2nd Highview letter this week.
I go on holiday in 2 weeks so would like to nip this in the bud quickly if I can.
Would really appreciate some assistance from those in the know please.

Coupon-mad

Send the template first appeal from the NEWBIES thread, online or by email, tonight. Simples.

twhitehousescat

please read https://forums.moneysavingexpert.com/discussion/4816822 several times and digest it , return if you have questions

Coupon-mad

sirromjp wrote: »

Forgive my inexperience but what is NEWBIE thread and where do I find it?

My signature under every post already told you...tells you EXACTLY where to click as well.

Look at the words below, I don't carry this signature (below) for fun!

sirromjp

Found it and I did read it last week before I drafted my letters to Aldi and Highview.

I appreciate this must be very tedious for you given your 45k+ posts but I have never been on this site or any other such forum site before and am familiar with neither the terminology or navigation. Sorry.

Guys_Dad

Out of time if 29 days after event and there was an ANPR ticket. That is to say no windscreen ticket alleged to have been left.

Simple appeal based on out of time and they will fold - from personal experience.

Just search on here for "out of time" and "14 days"

fisherjim

sirromjp wrote: »

I go on holiday in 2 weeks so would like to nip this in the bud quickly if I can.

Not much chance of that I'm afraid, the whole exercise is designed to be long stressful and threatening that's how they taunt their victims into folding.

Follow the advice already given above, you are dealing with scavenging Muppets, and Highview aren't much to worry about anyway:

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

sirromjp

So, according to section 13, page 19 on Dept for Transport guidance on Section 56 and Schedule 4 POFA....for ANPR

"The landholder may apply to DVLA for vehicle keeper details under the reasonable cause provisions and send a notice to the registered keeper within 14 days of the alleged contravention"

They're out of time? Surely it's not that straightforward. I'm sure I've read somewhere in the copious amounts of reading I've done on here that they can still pursue the keeper if driver is not named? As fisherjim states it's likely to be a long drawn out process so I'd like to do the best I can with the first letter so I'm thinking of something like this...

I write to you as the vehicle keeper not the driver and request that you cancel this parking notice and send no further correspondence to the keeper in pursuance of this charge.

The above notice was received on 31st January 2017 some 29 days after alleged contravention but note that Schedule 4 of PoFA states…. The landholder may apply to DVLA for vehicle keeper details under the reasonable cause provisions and send a notice to the registered keeper within 14 days of the alleged contravention.

I further note that the alleged overstay between entry and exit is 11 minutes but no record of the time the vehicle was actually parked. It is therefore not unreasonable to suggest that the alleged overstay time was spent by the driver finding a parking space near to the shops on site, parking the vehicle and then exiting the car park, for which the BPA code of practice allows a mandatory grace period of minimum 10 minutes.

This charge is not a genuine pre-estimate of loss and should never have been issued. Please confirm cancellation.

In addition, please provide full evidence of your contract with the landowner/company allowing you the right to manage parking on this land so that the driver may also appeal to them directly.

Thoughts appreciated....

Coupon-mad

"The landholder may apply to DVLA for vehicle keeper details under the reasonable cause provisions and send a notice to the registered keeper within 14 days of the alleged contravention"

They're out of time? Surely it's not that straightforward.

It is actually even simpler than that. Highview DO NOT use POFA wording, do not attempt to hold a keeper liable at all, so the deadline is irrelevant. A keeper appellant isn't liable when the driver is not admitted to Highview, and they just hope you do not know that.

They are allowed to get your data from the DVLA (late) but only to ask the keeper who was driving. That's why the PCN doesn't tell you the keeper is liable. Because the keeper is not liable. So the keeper appeals, not saying who was driving.

This charge is not a genuine pre-estimate of loss and should never have been issued.

Nononono. Please don't use old appeals, you cannot rely on 'no GPEOL'. Things changed in 2015. There is a template for a reason, in the NEWBIES thread. It works, this is easy.

Guys_Dad

AS I said, a simple "out of time" appeal should do i, but add that they know full well that their NtKs are non-POFA compliant. Invite them to cancel or send a POPLA code where you will produce a complete winning forum-aided appeal.

sirromjp

I went to a gig in Manchester tonight and took the opportunity to check out the signage at Urban Exchange. I was horrified to find out that what was once 3 hour free parking is now only 1 hour free parking. When did that happen! I do think the signage on entry is inadequate, one small sign saying please see signage within car park for full T&Cs and nowhere does it say there have been changes to the time limit. Does the driver still have a leg to stand on?