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Highview Parking - Appeal rejected help

Hi,

I have received a parking charge for failure to purchase a ticket when the machine was out of order, and having no means of payment via smartphone on the date of incident. Having appealed the charge by making them aware that when parking on the premises 2 weeks prior, and the machine in working order I purchased a ticket and had no intent to deceive on this occasion had the machine been working, but my appeal was rejected. Having come across the site and since read the posts it seems my first mistake was 1) not coming across this site before appealing, and 2) admitting it was myself driving the vehicle.

Do I still have grounds to appeal and successfully challenge/win against the parking charge even after admitting I was the driver?
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Comments

  • Umkomaas
    Umkomaas Posts: 44,240 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you received a POPLA Code with the rejection?
    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 Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cjpez1987 wrote: »
    Having come across the site and since read the posts it seems my first mistake was 1) not coming across this site before appealing, and 2) admitting it was myself driving the vehicle.
    Whilst those are definitely two mistakes, can I suggest that your first mistake was to remain in the car park after discovering that you had 'no means of payment'?

    You now need to read post #3 of the NEWBIES FAQ sticky thread where you will see how to construct a PoPLA appeal.
  • Coupon-mad
    Coupon-mad Posts: 159,709 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 March 2018 at 6:48PM
    It's only Highview, a big fat ''so what'' if you now lose at POPLA due to your error of not using the NEWBIES thread appeal and being the registered keeper as appellant.

    So what, really, do a decent POPLA appeal to try to frighten them away at this stage instead (see the pre-written template points in the NEWBIES thread post #3) but who cares if it doesn't work - it's only blinking Highview! You could not have picked a tamer firm to ignore in the end.

    No-one here PAYS these firms, no matter what the circumstances, unless they lose in court and that will never happen with this bunch. Ignored them myself years ago, before POPLA was an option. Obviously you have the POPLA opportunity so don't waste it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • cjpez1987
    cjpez1987 Posts: 12 Forumite
    Second Anniversary
    Umkomaas wrote: »
    Have you received a POPLA Code with the rejection?
    Yes I did receive a POPLA code with their letter
  • cjpez1987
    cjpez1987 Posts: 12 Forumite
    Second Anniversary
    KeithP wrote: »
    Whilst those are definitely two mistakes, can I suggest that your first mistake was to remain in the car park after discovering that you had 'no means of payment'?

    You now need to read post #3 of the NEWBIES FAQ sticky thread where you will see how to construct a PoPLA appeal.
    Thank you for the response, and yes it was a mistake remaining in the car park. I will look at the POPLA post now for assistance
  • cjpez1987
    cjpez1987 Posts: 12 Forumite
    Second Anniversary
    Coupon-mad wrote: »
    It's only Highview, a big fat ''so what'' if you now lose at POPLA due to your error of not using the NEWBIES thread appeal and being the registered keeper as appellant.

    So what, really, do a decent POPLA appeal to try to frighten them away at this stage instead (see the pre-written template points in the NEWBIES thread post #3) but who cares if it doesn't work - it's only blinking Highview! You could not have picked a tamer firm to ignore in the end.

    No-one here PAYS these firms, no matter what the circumstances, unless they lose in court and that will never happen with this bunch. Ignored them myself years ago, before POPLA was an option. Obviously you have the POPLA opportunity so don't waste it.

    Thank you for the response. I will do my research on POPLA posts as mentioned now. Thanks
  • cjpez1987
    cjpez1987 Posts: 12 Forumite
    Second Anniversary
    Hi, I have been looking through the 'NEWBIES' thread for templates to make a POPLA appeal, but all that I can see is the thread specifying to 'NOT' admit you were the driver, which stupidly I have already done. Is there anything specifically in the thread which gives advice how to appeal to POPLA if you 'HAVE' admitted to being the driver of the vehicle, as I could not find this info in post #3 on newbies? Thank you for your assistance
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Admitting to being the driver makes life a little more difficult but not impossible. Look at recent winning appeals and adapt one but leave out bits that ask them to prove who was driving or mention POFA.

    The other usual points such as landowner permission, signage etc should win.
  • Coupon-mad
    Coupon-mad Posts: 159,709 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, just use the template appeal points about the other issues. Like everyone else does who has admitted they were the driver. We see this ALL the time, there is nothing new on this forum.

    Search the forum for 'POPLA blabbed driver' and I bet you will find some!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • cjpez1987
    cjpez1987 Posts: 12 Forumite
    Second Anniversary
    waamo wrote: »
    Admitting to being the driver makes life a little more difficult but not impossible. Look at recent winning appeals and adapt one but leave out bits that ask them to prove who was driving or mention POFA.

    The other usual points such as landowner permission, signage etc should win.

    Thank you, and for the super fast response! Very much appreciated
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