Highview issues - do I go to POPLA?

Professor_Plum

Hi,

I received a parking charge notice from Highview, which related to a date 5 months before the date of the notice (and the date of notice was almost a week before the date I actually received the letter!). The photos in the charge notice showed entry/exit to the car park with a time difference of 4 hours 9 minutes. There was no proof of my car having been parked in a space for more than 4 hours.

After reading lots of threads here, I responded with your template appeal as the registered keeper, requesting dated photos of the signs in the car park on the date in question, all photos taken of the car, and an answer to the question 'does your charge represent damages for breach of contract?'.

14 days later they sent me an email asking for driver details, but did not give me any of the other information requested. They said my charge was on hold for 14 days while they waited for me to provide that information. Unfortunately this email didn't go to my primary inbox so I didn't see it until 12 days later, while on holiday! I am now back from holiday and have received a charge notice reminder through the post, claiming I am no longer entitled to the reduced rate and completely ignoring the fact I appealed the decision.

What should I do?
- Should I go to POPLA?
- Should I respond and give driver details?
- Should I respond to their email and say that as the keeper I requested the details stated in my appeal and I need them to supply them?
- Should I just pay the £70 and be done with it? I have a busy life! But I don't want them to get away with scaremongering either, and I am sure I wasn't in contravention of the parking terms. Unfortunately I don't live anywhere near the location of the car park so I can't get my own photos as proof of the signage either.

Fruitcake

If you have a PoPLA code, then use it. If you don't have one and more than 35 days have passed since your initial appeal, complain to the BPA.

Nothing else is relevant.

Of course you shouldn't pay. What a silly question. The NTK is non POFA compliant so you are bound to win if you follow the advice in the NEWBIES.

Please re-read the NEWBIES thread as this explains why you shouldn't give the driver's name.

The_Deep

If you pay them you will be financing white slavery, the import of class A substances, and proliferation of knock off Nikes.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Redx

Professor_Plum wrote: »

Hi,



14 days later they sent me an email asking for driver details, but did not give me any of the other information requested. They said my charge was on hold for 14 days while they waited for me to provide that information. Unfortunately this email didn't go to my primary inbox so I didn't see it until 12 days later, while on holiday! I am now back from holiday and have received a charge notice reminder through the post, claiming I am no longer entitled to the reduced rate and completely ignoring the fact I appealed the decision.

What should I do?
- Should I go to POPLA?
- Should I respond and give driver details?
- Should I respond to their email and say that as the keeper I requested the details stated in my appeal and I need them to supply them?
- Should I just pay the £70 and be done with it? I have a busy life! But I don't want them to get away with scaremongering either, and I am sure I wasn't in contravention of the parking terms. Unfortunately I don't live anywhere near the location of the car park so I can't get my own photos as proof of the signage either.

there is nothing "unfortunate" about it, because you do not name the driver anyway

the real question (no information in your post) is

DO YOU HAVE A POPLA CODE FROM HIGHVIEW ?

if you DO have a code , use it before the 28 days runs out (33 maximum) and appeal as keeper using post #3 of the NEWBIES FAQ sticky thread for the legal arguments in your appeal

it is for them to prove, plus as they failed POFA2012 the keeper is not liable anyway and they have no idea who was driving so cannot pursue that person either

if you DO NOT have a popla code, complain to the BPA by email about the lack of a popla code following your keeper appeal and let them investigate it, add copies of all paperwork and emails etc so far in your dealings with Highview , otherwise the BPA will come back and ask for copies which will delay their investigation

only a fool would pay it

Guys_Dad

If you are saying you were detected by ANPR and were not sent a NtK till 5months later, then you should simply write back saying that POFA doesn't apply to you as Registered Keeper as it is more than 14 days after the event and you are not able to name the driver.

Should they wish to argue this at POPLA or in court, you are happy to oblige.

Coupon-mad

Should I just pay the £70 and be done with it?

Oh come on, it's HIGHVIEW, LOL! Soooo easy to beat on appeal it is laughable, especially with one of their PCNs posted 5 months after the event. Anyone who paid that would be daft.

Did you use the forum template appeal? You have only got the standard reminder, so presumably you haven't even got your rejection letter and POPLA code yet, or their capitulation!

You appear to be worrying about a standard reminder that comes through anyway.

Professor_Plum

Thank you all for your responses.

I have written to them again stating that I cannot name the driver, am not liable as keeper, and their PCN is in breach of POFA. I asked them to cancel it immediately or send me a proper response with POPLA code.

And if I don't get the proper response back I will email BPA as suggested.

Professor_Plum

Hello all,

Just a quick note to say thank you all for your advice. After sending the latest response to them, I received an email confirming they have cancelled the Notice in full and no further action will be taken.

Very grateful for this forum and for your time.

The_Deep

Now complain to your MP as in Post 3.