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Highview parking fine at netherfield neighbourhood centre
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Just a thanks to all of you who gave me help and advice, my appeal was accepted and the charge notice cancelled! Not it 2 hours, but 24hours isn't bad I guess! Here is what I sent to them ( basically the template letter and another bit of info I found on the site about netherfield neighbourhood centre)
I challenge this 'PCN' as keeper of the car.
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.
The signs are also specifying ANPR without proper notices. What the sign says is " The ANPR cameras in this car park are used for the detection/prevention of crime and the Data recorded may be shared with third parties for that purpose "
What the BPA CoP says is
21 Automatic number plate recognition (ANPR)
21.1 You may use ANPR camera technology to manage,
control and enforce parking in private car parks, as long
as you do this in a reasonable, consistent and transparent
manner. Your signs at the car park must tell drivers that
you are using this technology and what you will use the
data captured by ANPR cameras for.
Where does the sign say that ANPR is used for Parking purposes as the BP CoP demands?
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.
Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.
I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.
Yours faithfully,
Keeper of the car,
And then a short reply from them saying;
Dear Madam,
Thank you for your correspondence concerning your Parking Charge Notice.
After reviewing our data and in view of the representations made in connection with its issue, we can confirm that we have decided to cancel this notice and no further action is to be taken.
Yours faithfully,
Highview Parking Limited0 -
Well done. Now go and tell all your friends and family where to come and what to do if they get an unfair private parking charge notice.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0
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Yeh will definitely be recommending this site in the future, without it I would of probably paid.0
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Well done J L
You listened and acted on the advice given and got the result. Great stuff!0 -
Thank you so much for this thread. I just appealed a ticket from the Netherfield Centre using the advice provided and it was cancelled.
Thanks all for the advice.0 -
Hi Thanks for the support, I just had mine overturned too, I got a parking ticket 3 weeks ago and copied the wording from the forum on here, even though it was dated 2017 and they have many many signs up saying there would be a £95 charge, they still overturned it.
This is great work everyone. thanks again0 -
Hi did you send the appeal by post or online? As I went to do it online and it asks for name and email address!
Any help would be great as I just got the same parking ticket!0 -
1. Why wouldn't you give your name? They already have it, so just go along with it.
2. Create a throwaway Gmail address just for dealing with this.
3. Do they want your postal address too? Give it to them.
4. Please read the NEWBIES FAQ sticky, post #1 and use the initial appeal provided there.
5. No more responses on this thread - it belongs to another poster - please start a new one of your own for further help.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 -
Thanks to this forum thread I’ve just had my pcn cancelled by Highview. I used the letter on this thread to state that their signage didn’t make it clear that the ANPR cameras were in use and they got back to me in 2 hours and cancelled the pcn. I was parked there over the stated limit of 90 mins. I was there for 2 hours 7 mins but the fact that these guys signage is illegal obviously did the trick. Don’t let these cowboys get away with ripping people off at this car park when they are the ones in the wrong. Below was their response to my appeal letter.
Thanks again forum.
Dear Sir/Madam,
Thank you for your correspondence relating to your Parking Charge Notice (PCN).
Further to your representations, we have investigated your claims and can confirm that your Notice has subsequently been cancelled in full and no further action will be taken.
Yours faithfully,
HIGHVIEW PARKING LIMITED0 -
well done ..... :j
but ...
you are posting on an old thread that can/ could cause confusion.....
have a look at the newbies thread
https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou
and book mark it for the next time you need assistance
Ralph:cool:0
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