Double Dip Highview Parking Charge Notice

LTS3

I am being accused of being in a retail car park for 6 hours 39 mins which is an absolute LIE. I regularly cut through this car park to go to Tescos across the road. Occasionally I do park in the retail park to pop into Next for a coffee. On the said date I suspect I cut through at 8.26am to go to Tescos. I then went to my local gym at 10.05 am (I have screenshot proof that the gym have kindly emailed me that I was there at 10.05 am as you have to swipe in). I obviously went back through same car park at some point that afternoon probably for coffee (cannot remember exactly) and was captured in camera leaving at 3.05pm. I was not, and never have been, in there for 6 hours as I only live 1/2 mile away!!!! This is clearly a "double dip" case. I have read somewhere that the charge notice should arrived within 14 days of "offence" for camera offences. The date of offence is 15/4/17 and today is 6/5/17 so longer than 14 days - anyone know anything about this???? Should I just appeal directly to Highview with my evidence? If so, which box should I tick at the beginning of their appeal process as clearly I do not agree with the charge notice but I am the keeper - don't want to get caught out on a technicality - I assume statement two as it is incorrect as I wasn't there for 6 hours!!!:
1) Tick here to confirm that you were the driver and that the PCN you have received contains the correct information OR
2) Tick here to confirm that you were not the driver or that the PCN you have received contains incorrect information .
I am a bit bogged down with the wealth of information of here so just would like some clarity as to the way forward.
Many thanks

Coupon-mad

The date of offence is 15/4/17 and today is 6/5/17 so longer than 14 days - anyone know anything about this??

Of course. Highview don't have to keep to the 14 days because they do not use the POFA - but can't hold you liable as keeper. Have you missed reading the NEWBIES PLEASE READ THESE FAQS FIRST thread? Don't tell us you were about to put an appeal in all about what did/didn't happen?

Lucky it is only daft old Highview but with one email these can be cancelled the same day - once here recently, cancelled in two hours flat - if the keeper had appealed and pointed out they can't be held liable.

https://forums.moneysavingexpert.com/discussion/comment/72351695#Comment_72351695

https://forums.moneysavingexpert.com/discussion/comment/72254889#Comment_72254889

Easy as anything. Second link tells you the obvious choice of box to tick! Scam over next week.

LTS3

Hi thanks for that and it seems like a plan but what if they do reject the appeal, would I have to take it to POFA??? I just feel like I'm taking a chance when actually I've done nothing wrong and have proof. Would I then be able to use my proof if the appeal got rejected??? Sorry hate all this. Thanks

Fruitcake

LTS3 wrote: »

Hi thanks for that and it seems like a plan but what if they do reject the appeal, would I have to take it to POFA??? I just feel like I'm taking a chance when actually I've done nothing wrong and have proof. Would I then be able to use my proof if the appeal got rejected??? Sorry hate all this. Thanks

PoPLA, not POFA. POFA is the Act of Parliament you quote in your initial appeal to get this cancelled which saves the scammers the 27 quid it would cost them to lose at PoPLA.

If the initial appeal is rejected you appeal again using the template appeal points in post 3 of the NEWBIES. Copy and paste each individual point. Dead easy.

However, you are at the initial appeal stage so copy and paste and send the BPA template from the NEWBIES thread as keeper. Easy peasy.

LTS3

Hi again - sorry last time I will ask a question but I am now really confused. Can someone confirm whether my first appeal has to be the first link outlined below as no 1) or the blue BPA template below as no. 2) as I am not clear now which one has to be used.
This Charge Notice is a blatant double dip case and clearly my details have been obtained under false pretences under Data Protection so that's where I want to go with this:

1) “ I am appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party. The PCN makes no attempt to pass liability to the keeper after 28 days. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured.

There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person. As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4.

This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA Assessor Carly Law found: ''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.''

2) Dear Sirs

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

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.

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,

Fruitcake

Either will do, but No 1 is more likely to stop Lowview going any further.

No 2 is the generic template for BPA initial appeals.

The_Deep

I do not think that this was a blatant attempt to breach your DPA rights, what is your proof? I think you would have difficulty getting this past a judge without solid evidence.

The PPc is on a hiding to nother try to get anything from a double dip, read some of these.

If you can prove that you were at work during the claimed parking period, they are IMO, Friar Tucked.

https://www.google.co.uk/?gws_rd=ssl#q=double+dip+prankster&spf=75

Coupon-mad

but I am now really confused.

Confused, why? Come on, I showed you it was version #1 and told you which box to tick (constantly amazed people ask this...).

I challenge you to do this on Monday morning (not now) and beat the 2 hour Highview record for cancellation, just for fun. Soooo easy.

LTS3

Done it at 9.50 this morning - no response as yet so slightly anxious ....

Redx

LTS3 wrote: »

Done it at 9.50 this morning - no response as yet so slightly anxious ....

they have 14 days to acknowledge and 35 days to respond (read the BPA CoP)

so 7 hours is neither here nor there

relax

LTS3

Thanks I will try - not beaten the 2 hour record ��