Highview - Late Appealing

Hockey27

I had two friends (2 separate cars) who parked in a Highview ANPR controlled car park on 8th July last year, when they went to pay the machine said amount to pay "0" so they left. They received a PCN through the post on August 9th (27 days). They decided to ignore letters for approx 6 months till I heard them talking about it by which time DRP were involved. After some reading on here I suggested to them that the send the blue template appeal in order to get a POPLA code, then appeal using a modified (dates etc) version of the appeal from post 2 in the link below.

https://forums.moneysavingexpert.com/discussion/5772015

Regards a modification, beyond the dates I am unsure whether they should add in there about the machine saying nothing to pay as this would place them at the scene, even though to paint them as the driver would be an assumption! One of them was driving, although the other was not.


Anyway..........

They appealed on 5th March and have received a reply yesterday (23rd March) saying they are unable to consider the appeal as the time limit they had to appeal had expired, and to please deal with their collection agent (DRP).



I have been clear to them that they should not name the driver, and that as highview does not try and transfer liability to the keeper they should be able to get them cancelled, although not sure what direction to take now??

beamerguy

Hockey27 wrote: »

Anyway..........

They appealed on 5th March and have received a reply yesterday (23rd March) saying they are unable to consider the appeal as the time limit they had to appeal had expired, and to please deal with their collection agent (DRP).

Yes the appeal timed out hence the idiots at DRP
are on your case

As of now, you are in IGNORE MODE and never contact
DRP despite their stupid threats.
They will give up as failures and go back and tell Highview

Just wait to see what Highview do and come back here

IGNORE DRP, THE WORLD LEADING JOKERS:rotfl::rotfl::rotfl:

No money for you here DRP ..... trott along now

Hockey27

@beamerguy

I thought that would be the action to take but being new to the crusade I wasn't sure

Thanks for your reply, will recommend they ignore any contact that isn't from Highview direct!

beamerguy

Hockey27 wrote: »

@beamerguy

I thought that would be the action to take but being new to the crusade I wasn't sure

Thanks for your reply, will recommend they ignore any contact that isn't from Highview direct!

Not just from Highview as they might get one of the very
dodgy legals involved

These dodgy legals pimp out their letterhead to vermin
like DRP but it's an easy spot because they ask you to
pay DRP direct.

A dodgy solicitor must fully comply with the new procedure
about court claims and if you get a letter headed
"Letter before claim", (or similar) they must provide you
with proof of their claim in detail and give you 30 days to respond

This all is makes the appeal to a parking company futile

Hockey27

I'm aware of the new procedure prior to claim, hopefully it makes things fairer across the board!

If appeals to the parking company are futile what next? If they take it as far as court enter defence as if you would POPLA appeal, point by point?

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another 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 lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

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.

beamerguy

Hockey27 wrote: »

I'm aware of the new procedure prior to claim, hopefully it makes things fairer across the board!

If appeals to the parking company are futile what next? If they take it as far as court enter defence as if you would POPLA appeal, point by point?

In a nutshell yes, same procedure.
POPLA of late have become pretty useless anyway so if
it does get to court with a good defence, the judge will
probably whoop the dodgy legals/parking company.

It's happening all the time nowadays as the courts
get to grips with this mega scam

Umkomaas

Hockey27 wrote: »

I'm aware of the new procedure prior to claim, hopefully it makes things fairer across the board!

If appeals to the parking company are futile what next? If they take it as far as court enter defence as if you would POPLA appeal, point by point?

Highview have never taken anyone to court - ever. They are not going to start with your friends. DRP can't take anyone to court.

http://www.bmpa.eu/companydata/Highview_Parking.html

Hockey27

@ Umkomaas - I did check out the insight earlier, saw that no case had been brought!

There is a defence if they try but hopefully they give up before then

Is it worth them going back to Highview and saying that they will deal with them and them alone, so either consider the appeal or cancel the charge?

Redx

they can do that , they can do whatever they please or think will help, short of naming the driver

this wont stop the debt collector letters, nothing will other than full payment

after 6 years, it is statute barred

dont look for easy solutions, there arent any other than a landowner cancellation or payment in full, or a PPC cancellation, or it "times out"

sometimes you just gotta stop looking for an "out"

Hockey27

@Redx - sadly you are correct, they will chase till they get bored!

As I said above then, ignore all contact from DRP and wait to hear from Highview direct. I imagine they will contact if DRP have no luck, or will they go straight to headed solicitor letters?

Might suggest they contact highview suggesting that they are attempting to resolve the situation. Probably best not to add "id rather deal with the organ grinder not the monkey"