Parking Appeal - Driver information requested

Gazilion

Dear sirs,
This forum has helped me to make an appeal against highview parking PCN. Their notice came in more than 25 days after the contravention. I appealed as written below:

I, as registered keeper, wish to invoke your appeals procedure. The driver of the car overstayed in your client[FONT=Calibri,Calibri][FONT=Calibri,Calibri]’s property. [/FONT][/FONT]

I note the protection of freedoms act 2012 schedule 4 section 9 states that for keeper liability to apply the keeper must receive a notice to keeper within 14 days. The date of the incident was 04/11/2017 and your notice to keeper is dated 20/12/2017 and delivered sometime thereafter. According to my abacus the notice to keeper should have arrived no later than 18/11/2017.

In any event your charges are penal in nature and not a genuine pre-estimate of loss.

Should you reject my appeal please supply a POPLA code and be warned that I will constitute any further unwanted contact as harassment and will sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009), Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013).




They replied this morning with the letter below:


Dear Sir/Madam

Thank you for your correspondence relating to your Parking Charge Notice (PCN), the contents of which have been noted.

The Notice in question was issued without invoking the Protection of Freedoms Act.

In accordance with the DVLA and BPA rules, PCNs can be issued up to six months from the date of the parking contravention.

We apologise the Notice was not received in a timely manner, and whilst we appreciate that this Notice was issued later than the BPA AOS guidelines, such occurrences can occur due to a number of reasons, such as delays in receiving keeper information or a delay in data processing.

The representations stated in your correspondence have been noted and considered. Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.

We are placing this Notice on hold for 14 days from the date of this email to allow you to provide the details requested.


I have read in this forum, I do not need to supply the drivers information, however, their letter states "PCNs can be issued up to six months from the date of the parking contravention".


Please, can you help tell if this is true or not and if I need to invoke any legal right to kill this case.

pappa_golf

PCNs can indeed be processed upto 6 mths later , but to invoke keeperb liability , , ie: name driver or we go for you , they have to be within 14 days (ANPR)

they have clearly stated that they are not relying on POFa , and as such cannot go after the keeper , only the driver

you are under no legal obligation to name the driver

hold tight , and await your POPLa code

Quentin

No don't give them the driver details

Await your popla code and follow the advice of the Newbies FAQ thread on constructing a popla appeal

beamerguy

Gazilion wrote: »

We apologise the Notice was not received in a timely manner, and whilst we appreciate that this Notice was issued later than the BPA AOS guidelines, such occurrences can occur due to a number of reasons, such as delays in receiving keeper information or a delay in data processing.

The representations stated in your correspondence have been noted and considered. Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.

"delays in receiving keeper information or a delay in data processing"
Because they are incompetent is not your problem

"full name and address of the driver"
They don't know, nobody will tell them,
no obligation to do so and in particular you
must never pass private and confidential data
to a parking scammer

Gazilion

Thanks all for your quick reply. Below is the text of the reply I'm sending them now. Let me know if I needed to add anything please.




Dear sirs,
PCN Reference -??????
There will be no admissions as to who was driving and no assumptions can be drawn. Your Notice to Keeper is not compliant with Schedule 4 of the Protection of Freedoms Act 2012. Additionally, since you have clearly stated that you are not relying on POFA, you thus cannot pursue me as the keeper. You must therefore cancel the charge, or offer me a POPLA code.


Yours faithfully,

Umkomaas

I’d emphasise via a further sentence that you will not be providing them with the details of the driver, as is your right!

Gazilion

Thanks for your quick reply. I will send it out NOW and will keep you updated on their response.

Gazilion

Thanks all for your help. I can now confirm that the PCN has been cancelled. See the letter below:


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.

beamerguy

Gazilion wrote: »

Thanks all for your help. I can now confirm that the PCN has been cancelled. See the letter below:


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.

That is good news and all in a day ??

Makes you wonder why this morning, Highview
were sending you rubbish and this afternoon they
cancel ??? They must be reading this forum

Gazilion

hahhaha...I'm happy for forums like this. Got all the information needed and avoided a £70 rip off in the new year!