POPLA ANPR Appeal - Highview

PerranDriver

Hi Guys,

I have read the NEWBIES thread and used the template to appeal the PCN I received from Highview accusing the driver of overstaying at Treliske Retail Park in Cornwall. They have today rejected that appeal with a POPLA code. Great, on to the next part of the process.

As I understand it, Highview "Skedaddle" with the very mention of POFA 2012 (NTK does not even mention it). However, as I was picking through the appeal rejection email, a reply to the form I submitted, I noticed that the question "Was Driver?" had the answer "Yes". As instructed from other threads on here, I am CERTAIN that I selected "No" on the form. Unfortunately, on the appeal confirmation email that I received, there is no mention of this question.

Will this be pertinent in my POPLA appeal? Does it void the POFA argument?

Thanks in advance for your reply!

PerranDriver

Further to the above, my partner also received a NTK for the same period. She also said she was not the driver and her email also states a "yes" answer to the "Was Driver?" question.

Hmm!!

Quentin

If you both have told them you were driving then they have no need to mention Pofa!

(Are these 2 separate incidents??)

PerranDriver

Yes, separate incidents. I had the intention of using the POFA argument until I saw that we had both supposedly selected "yes" to the question asking us if we were the driver.

The question and answer are in plain text in the email (can easily be changed from a "No" to a "Yes"). Is there a way I can ask them to confirm this result as I simply don't believe that I would have made such a stupid mistake, especially as it happened on both of our appeals!

Quentin

Bearing in mind that the Ppcs monitor this forum and can use your posts against you, the advice here is never to reveal who was driving.

You need to edit your posts to remove details of who was driving

Complaints to the retailer are your first option

#3 in the newbies FAQ thread covers popla appeals.

Post yours up here for comments before sending them

PerranDriver

I didn't think I did specifically but have edited the posts accordingly.

I did complain to one retailer but they just directed me to the "car park operator"...Highview! Will complain to the other retailers that the driver shopped in. Would a credit card statement showing transactions at these shops help at all?

Will post an update once I have received a response.

Redx

deffo try and get the retailers to intervene or write witness statements on your behalf (without revealing who was driving, so use the royal WE etc)


in the popla appeals use the POFA2012 arguments anyway, plus all the other usual legal points too


it is for them to prove their case on each and every query you make, so if in doubt, use the kitchen sink approach at popla

Coupon-mad

Both you and your gf need to send a 'rectification notice' to Highview (each of you separately, to their Data Protection Officer). See their website for their privacy statement, it should say who to contact re data concerns.

Both of you simply need to tell Highview that they clearly have a glitch that is WRONGLY recording people's appeals as having ticked the 'driver' box, when neither of you did, you categorically both appealed as 'not the driver or the PCN was not issued correctly' (or whatever that option said).

Head the request up as a RECTIFICATION NOTICE, telling their DPO that their data is incorrect, and if they say it is accurate, you both require a screenshot of the actual online form.

Failure to rectify this inaccurate data within 14 days will result in you both making formal complaints to Steve Clark at the BPA, and the Information Commissioner, as it seems to be that Highview are storing inaccurate data either deliberately or negligently, or that their appeals system has a serious (GDPR breaching) software glitch where the 'not the driver' option is being transposed as if it were the other box.

Or somehow the question is defaulting and resetting itself when people hit submit. Whatever the cause, it is a data protection matter and needs rectifying and clearly the appeals page is not fit for its purpose of accurate data processing.

Hold off on your POPLA appeals for now, the codes last 32 days anyway.

PerranDriver

Hi all,

I have heard back from all retailers, basically saying that I should tell Highview that the driver was a customer in all (three) of their stores and to send a copy of their bank statement. Would this make a difference in the POPLA appeal? The only issue is that a copy of the bank statement would identify the driver. I do have a screenshot of a Google Pay transaction which identifies the store, date and time of the transaction but does not identify the cardholder/driver. Worth including one or both?

Thank you for your advice to send a rectification notice to Highview's DPO department (DPO@highviewparking.co.uk for anyone else who has a similar issue). I have drafted out the following with their rejection email:

Dear Sir/Madam

I would like to draw your attention to a significant error in your appeal rejection email, detailed below.

In the original appeal form that I submitted to Highview Parking Ltd, when asked if I was the driver of the vehicle in question, I selected 'No'. This is clearly confirmed in the 'Further Information' section where I stated "I deny any liability. There will be no admissions as to who was driving and no assumptions can be drawn". However, your email states a 'Yes' answer to the question 'Was Driver?' This is incorrect and must be changed.

You clearly have an error in your system which is wrongly recording people's appeals as having selected "Yes" in the "Was Driver?" box. I categorically selected "No" for this question.

If you believe that your data is accurate, I require a screenshot of the actual online form showing the data I inputted for my appeal.

Failure to rectify this inaccurate information within 14 days will result in a formal complaint to Steve Clark at the BPA, and the Information Commissioner, as it seems to be that Highview are storing inaccurate data either deliberately or negligently, or that your appeals system has a serious (GDPR breaching) software glitch where the 'No' option to the question 'Were you the driver?' is being transposed/reset as if it were the other 'Yes' box.

Yours faithfully,

As previously mentioned, I used the Newbies appeal template, denying liability and refusing to name the driver. Hopefully this will supersede a "yes/no" question in the eyes of POPLA regardless of whether or not HV choose to acknowledge a error with their system.

Starting to draft my POPLA appeal. Thread 5729989 looks like the most relevant POPLA appeal that I can find. Having vistied the site and taken the photographs below, would you advise me to include these under point 5 regarding unclear signage?

photos.app.goo.gl/ZahbGHPGQYiSSy3Q8
photos.app.goo.gl/yiXGh2fbsUJeWBdi9

PerranDriver

Just received this from Highview's DPO:

Dear Sir,



Thank you for your message.



We can confirm that we have rectified your appeal form and confirm that this Parking Charge Notice has subsequently been cancelled in full.



Yours faithfully,



Highview Parking Ltd

Thank you all for all your advice! Seems they are scared stiff of people appealing with the POFA argument!

Just need to get the wife's cancelled now...

PerranDriver

OH still hasn't heard from Highview. Obviously she gave them 14 days to reply but today is the 30th day from receiving the POPLA code.

I can't see how they can cancel my PCN but not hers with identical circumstances but is it worth appealing through POPLA anyway while I still can?