Highview charge notice waterfields watford

Lemonmora

Hi I got a charge notice as I’m the registered keeper within 6 days of the driver attending a retail park

It was half term and as normal Tesco's car park car park inc kids area was full with drivers , so the driver parked in the upper level that's closer to get to Tesco and other shops next , boots ,sports direct etc.

I used the template from newbies thread re signs and and as registered keeper I was not the driver can you send me images and popla code etc

Re PCN number: cxxcxcccccc
I appeal and dispute your 'parking charge', 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 an 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 with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.
Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.
Yours faithfully,
********************
I Received an e mail 2 weeks later basically ignoring the above saying there extending the 14 days to pay reduce fee if I give them the drivers details !

I replied stating your charge letter also fails popla and you can’t chase the registerd keeper etc

I then got a reminder DO NOT IGNORE charge notice a few days ago saying the Charge is now the full amount of £85 and if not paid it will be passed to debt collection agency

Any advice on what I do !

I did complain to next who said send details and they will try to help but held out to see what highview do !

The_Deep

I am puzzled, what is the alleged breach?

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 House of Commons recently

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

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

fisherjim

As TD says it's puzzling as to what you got the charge for, don't tell me you couldn't park in the silly "drivers with kids" parking area (which have no legal standing or requirement) and parked in a disabled spot?

Lemonmora

No, Apologies I will make it clearer, the driver tried to park in the kids section of Tesco as going to visit all the shops but couldn't park so went to the upper level parking that gets you to Tesco as well.

The images have the car going up the ramp into the upper level and out of the ramp saying you overstayed by 31 mins ( its 2 hours ) the driver had 6 shops /half term and tescos to get around what a joke now I've looked into it .

Lemonmora

This was my responce to there e mail after my first letter ( they have basically ignored both )
sent an e mail after the first and i got a charge notice reminder after the second (possibly generic they just send after a time)

Re PCN number: XXXXXXXXXXXXXXX

Sirs,

I am the keeper of vehicle ************* and have received your Email in response to my previous Appeal sent .

And to further add
Your notice fails to meet the requirements of schedule 4 of the Protection of Freedoms Act 2012 namely, but not limited to, failing to include the information mandated by section 9 (2), all of which must be present for the keeper to be held liable.

Accordingly I, as the keeper, cannot be held liable for the actions of the driver at the time. There is no legal requirement for me to identify the driver and I decline your invitation to identify them. I have passed your notice to the driver and leave it up to them as to whether they contact you.

I do not expect to hear from you again other than to confirm that no further action will be taken against me on this matter.
Kind Regards

waamo

Its not clear from your posts. Has it been 35 days or more since you sent your appeal?

Lemonmora

In response no, its not been 35 days since my appeal letter ( template from newbies) they sent a response stating its on hold for 14 days to allow me to provide the full name and address of the driver

what i also found on my appeal was i never stated i was the driver but when they sent me a responce there is a box that says Was driver and it had ( yes ) they must of added this in as i have my original e mail I sent them and there is no box stating driver yes /no , i did state when appealing i was not the driver so that's confusing

Redx

if 35 days have not passed, IGNORE them and await the refusal with popla code

no telling who the driver was (no blabbing)

once 35 days have passed from your appeal going in, they should either cancel or issue a POPLA code (but they are allowed to phish for the drivers details, so dont tell em)



after say 40 to 45 days have passed, complain to the BPA AOS stating that they have failed to cancel or to give a POPLA code

Lemonmora

Ok thank you for that

Lemonmora

:T got this e mail this morning ! Ignored the last letter
Dear Sir/Madam,
Thank you for your correspondence relating to your Parking Charge Notice (PCN).

Further to your representations, we have investigated your claims and can confirm that your Notice has subsequently been cancelled in full and no further action will be taken.

Yours faithfully,

Highview Parking Ltd.

Hope this post helps others going forward :beer:

Redx

just goes to show, if you wait and see they capitulate as usual when faced with a forum aided appeal, perhaps blame a backlog as they all like to issue tens of thousands of tickets for little or nothing in the hope that some people are naive and will pay up


well done