Private Parking Charge recieved - advice please

Alz1986

Hi All,


I get great advice here from some of the experts, usaully just from reading it but thought I'd post an issue here.


A private parking charge has been recieved by keeper by ANPR at retail park through post:eek:, details are as follow:


Date of parking:


04/05/2018 Time 20:34pm until 04/05/2018 Time 23:20pm. (Overstayed by 45 minutes)


Date of Notice:



21/05/2018


Date keeper recieved notice through post:



29/05/2018


The signage in the park are also questionable. There are T&C's which cannot be read due to size of lettering, except the part where it informs what the charge will be in big letters.


The keeper is thinking to appeal or dispute on basis of having not recieved the notice within 14 days as stated within POFA? If so, is there a template which will be good to use?


Thank you!!!:beer:

KeithP

The keeper should be thinking about reading post #1 of the NEWBIES FAQ sticky thread and sending the blue text appeal template that can be found there.

What is the name of the parking company?

Have you complained to any of the retail outlets on the site?

Have you complained to the landowner?

Redx

and please avoid doing it like this person


https://forums.moneysavingexpert.com/showthread.php?t=5849808


that is how NOT to do it , lol


glad to see you have the correct wordings of DRIVER and KEEPER , a good start



which PPC issued this invoice ?

Alz1986

Lol yes the person in the link was careless.

It was issued by HighView Parking.

No complaints to outlets as nothing was bought at the time, though keeper and driver are regular customers to all shops. I should add the driver actually left and returned within the times given- but is it relevant given the dates stated?

Concerned if too much is put on the appeal it gives them much too come back with?

Does keeper have grounds on dates issued alone? Or are the dates ok according to POFA?

Thanks.

fisherjim

Highview will cancel if you send the forum appeal from here, they don't get into conflict like other scammers.
If you search the forum with just Highview in the subject box there are hundreds of examples.

KeithP

Alz1986, you are thinking too hard.

Just send the blue text appeal as it is - no changes required.

Of course, send it as the keeper.

Alz1986

Hi,


Ok, here is what I have found after reading and searching, let me know if this looks good enough?



Question- what does this mean in template?
2. Explain why you operate in disregard of the GDPR and ICO rules. Nowhere do you inform the public of their right to subject access - why not?

Question - is it worth adding in dates and highlight POFA 2012 requirements?





Dear Sir/Madam,

Re PCN number: xxxxxxxxxxxxx

I appeal and dispute your purported 'parking charge' delivered by post on 29th May 2018, as the keeper of the vehicle. I deny any liability.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there any agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

Should you fail to cancel this PCN, I require the following information with your rejection letter:

1. Provide all images taken of this vehicle on that day and the signs at the material location and do not withhold any images or data later relied on for POPLA or court.


2. Explain why you operate in disregard of the GDPR and ICO rules. Nowhere do you inform the public of their right to subject access - why not?

If offered in your rejection letter (email expressly disallowed, see 'formal note' below) I will use POPLA and not the 'IAS' which has been exposed in Parliament as unfair and compromised by a conflict of interests with the IPC. The BPA were also heavily criticised and both appeals systems were condemned - hardly surprising for an industry where so-called AOS members admitted in recent years to letting victims 'futilely go through the motions' of appeal and saying on camera 'we make it up sometimes' (BBC Watchdog). As you will know, firms of your ilk were unanimously criticised in 2018 as operating an 'outrageous scam' (Hansard 2.2.18).

I will also be making a formal complaint about your predatory and aggressive conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Formal note:

Service of any rejection letter/POPLA code and/or any legal documents by email is expressly disallowed.

All responses to me from this point forward must be made by the Royal Mail postal service. Regardless of any MCOL online system, in this case, service of any court claim must only be made by first class post to the latest address provided by me.

Yours faithfully
Keeper name and address



Thanks all!

KeithP

Re-read posts #5 and #6.

Alz1986

Ok thanks- so I'll delete this part (below) and leave it as just the template. Just want to ensure I have the right template?



"delivered by post on 29th May 2018,"

Umkomaas

@TD - what's going on? Shouldn't this be somewhere else, it's nowt to do with parking.

Le_Kirk

Umkomaas wrote: »

@TD - what's going on? Shouldn't this be somewhere else, it's nowt to do with parking.

Well at least it's better than his usual "This is an entirely unregulated industry..........."