Highview Parking PCN by post 5mths+ after!

jp1181

Received a PCN from Highview Parking for the driver staying over the 3hr limit at a retail park. The date of the supposed 'offence' was 6th August 2017.
Received the PCN today 26th January 2018 - nearly 6 months afterwards! Do this need payings? Does it need to acknowledging?

This was not in a pay and display carpark, but rather one where they use ANPR to track drivers coming into and leaving the carpark.

I've tried reading through all the posts here about private PCNs and have some mentions of a 14 day limit in which parking companies have to issue PCNs - is this correct? does the fact this has been sent so long after the incident mean it is invalid?

Thanks!

pogofish

Stop thinking in terms of 'validity' - this concept barely applies in private parking. You are in cowboy territory!

Have you read the Newbies Sticky yet?
This lays out everything and what to do and when.

If they took this long to send you an NTK, then your chances of getting shot of it easily are very good but you need to be very clear about where in the chain you are and just what letter it is.

Quentin

Throughout here the advice is to never reveal who was driving.


You need to edit your OP to remove details of who was driving - refer to "the driver" stayed over etc


The ppcs monitor this forum and can use your posts against you

The_Deep

Read Schedule 4 of The Protection of Freedoms Act.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Ralph-y

as above ....

plus . search the forum for 'golden ticket' ...... it will help

Ralph:cool:

jp1181

Thanks for the replies, I'm trying to read through all the info on this and Golden Tickets, POPLA etcm but I'm getting a bit confused! Also I said in my initial post that it was a Parking Eye PCN, infact it's from 'Highview Parking'

caThere's no mention at all of Protection of Freedoms Act 2012 anywhere on the document. There is only an section on how to make an appeal, which says if the appeal is rejected, they will provide a 'full details of how to appeal your notice through POPLA'.

Can a kind soul point me in the direction of a template I can use for my appeal? thank you.

Quentin

The newbies faq has an appeal template to copy and paste

jp1181

thanks, but the template I see there makes no mention of POFA2012? isn't that the main thrust of my case?

KeithP

Just send the appeal template as it is. No changes needed.

Quentin

Assuming you have not yet appealed, that letter is designed to get you a popla appeal code

jp1181

OK, thanks I've submitted the template with an addition about POFA2012 I found on another thread as below:

"
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.

Furthermore, as the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.

Therefore, 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,

"

hopefully that will work