After a bit of help

bex_84

Hi, I have read the pinned post for 'Newbies' but just have a few bits I'm not clear on so am hoping someone can offer a little help.

I have received a 'Charge Notice' from Highview Parking (BPA member). There was no windscreen ticket. The Date of the 'Offence' is 2/6/17 and the 'Charge Notice' is dated 28/6/17 so outside the 14day period mentioned in Paragraph 9 of the POFA 2012

'(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales'

There is no specific mention of POFA 2012 or 'Keeper Liability' in the notice.

So, my question is- do I use the BPA member template in the newbie post or is this unnecessary due to the simple and (presumably) indisputable fact that the notice was not sent in the required time?

I so far have made no contact with them and I have no idea what 'offence' I (well my hubby to be fair, though I was a passenger!) committed as it is a free carpark with a 90 min limit and the notice states the car was there for 19 mins but somehow 'contravened the terms and conditions displayed on the signage'.

Any help or advice you could offer would be gratefully received.

Redx

yes use the blue text template (always , always appeal)

add an extra paragraph that the pcn failed POFA2012 and so as keeper you are not liable and they should cancel the charge and pursue the actual driver (who will not be named)

Coupon-mad

Or just use the one in the 'Highview Special' 2 hour challenge thread:

https://forums.moneysavingexpert.com/discussion/5612169

Send it in working hours tomorrow morning, online...sit back and wait. I predict a same-day climb-down!

bex_84

Thanks so much for your speedy replies!

Geoff1963

My best guess on the contravention, is that it is one of those where you have to stay on the facility ( car park and associated shops ) ; which means someone had to see you walking away.

Coupon-mad

Not with Highview, they never have people on the ground. It's ANPR only.

I so far have made no contact with them and I have no idea what 'offence' I (well my hubby to be fair, though I was a passenger!) committed as it is a free carpark with a 90 min limit and the notice states the car was there for 19 mins but somehow 'contravened the terms and conditions displayed on the signage'.

It will be for not inputting your VRN in some keypad hidden away in a shop, or not scanning a receipt at some machine.

None of that matters - I challenge you to beat the 2 hour challenge tomorrow, Bex-84! Soooo easy!

Redx

Geoff1963 wrote: »

My best guess on the contravention, is that it is one of those where you have to stay on the facility ( car park and associated shops ) ; which means someone had to see you walking away.

unlikely , because HIGHVIEW use ANPR cameras on the entrance and exit, same as Parking Eye , not so SMART PARKING etc , which is why they are called HIGHVIEW (high view , from cameras at the entrance/exit)

the actual parking is not monitored at all , so the bays are not monitored

its more likely to be free a car park where the VRM should be registered within 10 minutes

bex_84

No, no one on the ground or machine to input reg (I park there a lot so am familiar) and my husband waited in the car the whole time. I'm not 100% sure he was in proper bay markings as I was only meant to be bobbing into the bakers for gingerbread men for the kiddies but bumped into a friend and got chatting. I imagine this must be the issue.
Hopeful that 2 Gingerbread men and a chinwag haven't cost over £50!

bex_84

Ah sorry Coupon_mad but I have a toddler so had to submit now while shes asleep. Can't gamble on her allowing me such freedom as to get on the laptop in the morning!

Fruitcake

Highview always crumble when they see an MSE forum appeal because they know it will cost them money to continue.

It doesn't matter when you submit the appeal, it's just that so far the quickest cancellation has been 2 hours after the appeal has been submitted, so we are just trying to see if anyone can beat that.

Coupon-mad

bex_84 wrote: »

Ah sorry Coupon_mad but I have a toddler so had to submit now while shes asleep. Can't gamble on her allowing me such freedom as to get on the laptop in the morning!

OK, tell us when they cancel it tomorrow!