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Highview PCN

Hi all,
I'm the keeper of a vehicle that has been notified about a charge in relation to Telford Bridge Retail Park.

I've read quite a few posts and the newbies section, but might be being dim or missed something.

This PCN has a date of notice of 03/05/2017, about a parking event on 07/04/2017...

Is this simply over the 14 days stated in POFA 2012? [It is the first notice in the post, with no windscreen note]. And does that mean I can copy the appeal template with that section and potentially be done with it?

Or do I appeal on other grounds? As in outside of that, I do believe it was wholly unfair.

Any hints and tips will be well appreciated.
Many thanks.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 7 May 2017 at 2:12PM
    appeal as keeper using the blue text template and add a line stating that there is no keeper liability due to POFA2012 not being followed

    do not reveal who was driving

    ps:- they wont care if you think it is unfair
  • Umkomaas
    Umkomaas Posts: 43,730 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And does that mean I can copy the appeal template with that section and potentially be done with it?
    You can use the template (as per Redx's advice above), but at that stage it's unlikely to be 'done with'. It will likely take a second stage appeal to POPLA to achieve that.

    Get your initial appeal in, receive your POPLA code, then get on with drafting your POPLA appeal (see NEWBIES FAQ sticky, post #3).
    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 Street
  • Coupon-mad
    Coupon-mad Posts: 155,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't use the NEWBIES template, use the 'Highview 2 hour record' template:

    https://forums.moneysavingexpert.com/discussion/5645357

    Please don't ask which box to tick...fed up with stating the obvious on here.

    Do this first thing Monday morning and see which of you wins the cancellation race, you or that poster?
    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 THREAD
  • WavyWeevil
    WavyWeevil Posts: 10 Forumite
    edited 8 May 2017 at 12:26AM
    Thanks, I was wondering if to try that 2 hour record version - it is always worth adding a little fun to the situation.
    Do you believe I should also state about it exceeding the time frame stated in paragraph 9, sub-paragraph 5 of the POFA 2012?

    Or should I leave that sort of thing, and complaints about signs, punitive fees etc to the POPLA appeal if it goes that far?

    I was actually very confused about what the guide meant with regards to
    If they are a firm which alleges 'keeper liability' under the POFA 2012
    As in do they explicitly have to say this? Or is it just a given that Highview don't?

    Is it that Highview don't cite 'keeper liability', therefore the 14 day thing isn't relevant, but also because they don't cite keeper liability, they also dig themselves a hole regarding identifying the driver and thus pursuing the charge?

    Thanks for your help, unless someone pops up with anything different, I think I'll give the 2 hour race a go, as you have mentioned, they should at least move it to the POPLA step.

    In fact, sorry to go into this more, but it almost intrigues me... I almost don't want to pose the question in case I break the whole thing... does most of this situation exist, just because the PPCs can't actually write letters properly? Surely it wouldn't take them long to read the rules and do things a little more correctly!?

    Thanks for your help.
  • Umkomaas
    Umkomaas Posts: 43,730 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Or should I leave that sort of thing, and complaints about signs, punitive fees etc to the POPLA appeal if it goes that far?
    Standard advice is to keep your powder dry for POPLA, but if you want to hit HV with a broadside, go for it and see if you can beat the 2-hour turnaround. Nothing to lose, worst case scenario - rejection, c/w POPLA code.
    I almost don't want to pose the question in case I break the whole thing... does most of this situation exist, just because the PPCs can't actually write letters properly? Surely it wouldn't take them long to read the rules and do things a little more correctly!?
    Well, they've had more than 4 years to get it right, but I'd guess well over 75% are still in the corner wearing the dunce's hat.

    It's either a cunning plan, or a very nasty case of terminal stupidity. I rather favour option 2. :)
    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 Street
  • WavyWeevil
    WavyWeevil Posts: 10 Forumite
    Okay, no record here - after appealing, they even said they were dealing with lots of emails so there could be delays.

    I submitted the appeal at 9:00 this morning, cancellation arrived at 15:37

    Standard response by the looks of it...
    Dear Sir

    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 Limited

    Just for added information if anyone else is looking for help, I only used the standard reply, I did leave the extra for the POPLA appeal, but it hasn't gone that far.

    Thanks all for your suggestions, that is one worry off the list.

    Does anyone think it is worth me contacting the land owner to express my dissatisfaction of the situation? Not to try and get anything out of it - just to explain how the limits imposed are potentially silly, and employing a company like that is only going to turn customers away.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    its always a good idea to complain to the landholder

    have you not seen the thread where a landholder had to kick one out for causing the same issues recently ?

    https://forums.moneysavingexpert.com/discussion/5640623

    also blogged about by parking prankster too
  • Umkomaas
    Umkomaas Posts: 43,730 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I submitted the appeal at 9:00 this morning, cancellation arrived at 15:37
    Oh dear, missed the record by over 4 hours and 37 minutes. Must do better next time! :rotfl:

    Joking aside, well done, great result - now give the landowner something nasty in his ear. .
    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 Street
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