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Highview appeal response - advice needed please
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Koalaboy1983
Posts: 5 Forumite
Evening all,
Apologies if this has been covered elsewhere, I did a search but couldn't see anything.
Just before Christmas my wife received a PCN from highview parking in relation to overstaying in a tesco car park. They provided ANPR camera photos as evidence.
After doing some research (but not reading the newbie thread on this forum) I appealed it on the grounds of it not satisfying sch 4 of POFA2012 due to it being issued later than 14 days from the alleged offence (it was issued after 46 days). As I hadn't discovered the newbie thread on this forum I didn't use one of the templates and only challenged on grounds of the pcn being issued late.
Today I received a response from highview as follows:
Dear Sir,
Thank you for your correspondence concerning your Parking Charge Notice.
The representations stated in your correspondence have been noted and considered. In order to reissue this Notice, we will require the full name and address of the driver / hirer / keeper at the time this charge was incurred.
We are placing this Notice on hold for 14 days from the date of this email to allow you to provide the evidence requested.
Basically, I'm just after some advice for the best way to respond. From reading the newbie thread it makes mention that highview don't bother with POFA2012 wording, in which case does that mean I should just ask them to cancel it or provide a POPLA code? Is there anything else I should provide in my response?
Any advice would be greatfully received.
Kind regards,
Apologies if this has been covered elsewhere, I did a search but couldn't see anything.
Just before Christmas my wife received a PCN from highview parking in relation to overstaying in a tesco car park. They provided ANPR camera photos as evidence.
After doing some research (but not reading the newbie thread on this forum) I appealed it on the grounds of it not satisfying sch 4 of POFA2012 due to it being issued later than 14 days from the alleged offence (it was issued after 46 days). As I hadn't discovered the newbie thread on this forum I didn't use one of the templates and only challenged on grounds of the pcn being issued late.
Today I received a response from highview as follows:
Dear Sir,
Thank you for your correspondence concerning your Parking Charge Notice.
The representations stated in your correspondence have been noted and considered. In order to reissue this Notice, we will require the full name and address of the driver / hirer / keeper at the time this charge was incurred.
We are placing this Notice on hold for 14 days from the date of this email to allow you to provide the evidence requested.
Basically, I'm just after some advice for the best way to respond. From reading the newbie thread it makes mention that highview don't bother with POFA2012 wording, in which case does that mean I should just ask them to cancel it or provide a POPLA code? Is there anything else I should provide in my response?
Any advice would be greatfully received.
Kind regards,
0
Comments
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Ignore that letter. They are simply fishing for the driver's name.
Do not give away the driver's identity.
In due course they will issue a PoPLA code, so you might want to prepare yourself for that by reading post #3 of the NEWBIES FAQ thread.0 -
as above
you are under no obligation to provide the drivers details and as they failed POFA2012 there is no way that they can enforce this pcn , so they are phishing and trying to dig themselves out of the hole they dug in issuing a late NTK
as keeper POFA2012 protects you , so do not help them to shaft anyone in your family , as keeper you are bulletproof if they fail POFA2012 and you do not have to provide the drivers details - so dont
wait it out and see if they cancel or issue a popla code in or after 14 days time
if you get a popla code, POFA2012 will be one of the main appeal points , pointing out that HV failed pofa2012 for one or more reasons , like timescales and wording etc0 -
Personally, I’d fire off a (further) appeal using the blue text template from the NEWBIES FAQ sticky, post #1. They really shy away from that, because they know what is coming next to them from the forum. They tend to knee-jerk into an automatic cancellation.
Try it, nothing to lose with this shower.
Also complain to the Tesco manager (not the CS frump) - take any recent receipts, bank/cc statements to prove regular patronage. If you have a Tesco ClubCard, show it to also prove you are a regular.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 -
KeithP, Redx,
Thanks for the quick responses. My initial thought was to ignore it but wondered whether it best to respond in any way or not. I'll wait for them to send something further.
Do they have a specific timescale in which they have to cancel or provide a popla code?0 -
Thanks Umkomaas,
I'll consider the second appeal, would that be best done as a response to their email or as a completely new appeal?
I thought about the complaints to tesco route previously but most of the examples I saw online didn't seem to have much success.0 -
ALWAYS complain to the landowner , that is a given
and yes you could use the blue text template in reply to their email , no harm in it
just do not hint at who was driving
there is no real timescale regarding rejections and popla codes , other than the ambiguous 35 days in the BPA CoP (which the BPA do not enforce)0 -
Just thought I'd post a quick update.
I responded to highview's email with the blue text template the day after my original post. They've just come back today with the following:
Dear Sir,
Thank you for your correspondence concerning your Parking Charge Notice.
The representations stated in your correspondence have been noted and considered. In order to reissue this Notice, we will require the full name and address of the driver / hirer / keeper at the time this charge was incurred.
We are placing this Notice on hold for 14 days from the date of this email to allow you to provide the evidence requested.
Yours faithfully,
Highview Parking Limited
Which is the same response they sent originally!
Should I ignore this attempt to obtain the driver details? Anyone with any experience of highview know what their likely next steps will be?
Kind regards,0 -
Koalaboy1983 wrote: »
The representations stated in your correspondence have been noted and considered. In order to reissue this Notice, we will require the full name and address of the driver / hirer / keeper at the time this charge was incurred.
Thick Highview Parking
Did you contact Tesco's Direct about this as a
valued customer ?
Tesco can cancel this
As said, you are under no obligation to provide the
details they request.
The only legal part of Highview is they are a registered
company in the UK, apart from that, they ply their trade
in an unregulated industry and Tesco has been
sucked into the scam which does and will lose them
customers.
The simple advice is NEVER give private and personal
information to a scammer ... END OF
Tesco is your answer, Dave Lewis is the CEO, ask him
what reason he believes you should still spend money
with Tesco when he employs scammers to extort money
from his customers. ???
Mark my words, 2018 is not going to be a clever year
for supermarkets, far too many around who are now
chasing less money and the parking scammers are on
track to reduce their profits even further
Dave Lewis is the man to cancel. Maybe you purchased
one of Tesco's dodgy chickens or turkeys recently,
Dave Lewis loses customers on a daily basis.
Can he afford to lose you, your family and friends
Get the picture0 -
Ignore it, await the POPLA code or for them to fold (as per usual) because you didn't blink!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Evening all,
Just thought I'd post a quick update.
Turns out I'm crap at checking my emails. The email I quoted above was actually the original email sent from highview. Having just opened the email again I found this hiding away below my response:
Dear Sir,
Thank you for your further correspondence.
Further to your representations, we have investigated your claims and can confirm that your notice has subsequently been cancelled in full.
Yours faithfully,
Highview Parking LTD.
Thanks to everyone who responded.
Kind regards,0
This discussion has been closed.
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