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Highview lied to POPLA

2

Comments

  • waamo
    waamo Posts: 10,298 Forumite
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    Having had a quick glance I don't think that looks even close to POFA compliant.
  • Castle
    Castle Posts: 4,957 Forumite
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    Not even close to being compliant;-
    1) Date of posting missing
    2) 28 day warning missing-Para 9(2)(f)
    3) Identification of Creditor missing
    4) Period of parking missing

    Even the reason for issue appears to be wrong as is should have been for failing to register your details; there doesn't appear to be a maximum stay listed for non members on the signs.

    I also see they want £2.50 admin charge for paying; I doubt this was on the sign.
  • Bean789
    Bean789 Posts: 10 Forumite
    I assume I've exhausted all my options now I'm done with POPLA? I know the next step is the 'Ignoring the Debt Collectors Stage' but it feels like I'm giving up since there were so many things wrong with their practices
  • waamo
    waamo Posts: 10,298 Forumite
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    Given that notice isn't even in the same county, let alone ball park, as POFA compliance I would complain to the POPLA chief adjudicator.
  • Umkomaas
    Umkomaas Posts: 43,912 Forumite
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    edited 20 November 2018 at 5:02PM
    waamo wrote: »
    Given that notice isn't even in the same county, let alone ball park, as POFA compliance I would complain to the POPLA chief adjudicator.

    Absolutely. This is a serious procedural error and a gross misrepresentation of the law. The assessor needs retraining and POPLA needs to take a close look at itself as I've seen a few NtKs being regarded as PoFA compliant with just a 'brush of the pen'. As I knew Highview didn't comply, that caused me to ask you to scan the NtK.

    Complain to John Gallagher, copy him in a scan of the NtK, and a copy of Schedule of PoFA and highlight all the missing elements the law requires for transfer of liability to the keeper.
    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
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 20 November 2018 at 6:58PM
    also send HIGHVIEW DPO a data rectification notice under GDPR because their system has logged your appeal as DRIVER when it was not , THIS HAS HAPPENED PREVIOUSLY when others have appealed and their system is flawed

    ask for this rectification to be replied to and acknowledged in writing

    that way you have a written complaint and written reply as evidence if you ever need it


    and do the high level complaint about a procedural error to John Gallagher too
  • Coupon-mad
    Coupon-mad Posts: 156,192 Forumite
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    edited 7 January 2019 at 9:21PM
    POPLA cannot POSSIBLY let heir Assessors declare a HIGHVIEW non-POFA NTK (they never use the POFA words unless they outsource PCNs, thus far) to be capable of transferring liability to a keeper who has had no 9(2)f warning!

    This MUST be complained about in clear terms, to John Gallagher.

    Highview PCNs are NOT POFA PCNs, never have been. That Assessor needs retraining. She cannot just think a letter called a NTK is ''OK''.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Ralph-y
    Ralph-y Posts: 4,774 Forumite
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    this case IMHO is a perfect one for MP's to see.....


    so as per 'The Deeps' post above please conceder passing on you opinions to your MP.


    Ralph
  • I have emailed John Gallagher with all the evidence of procedural error, and copies of the NtK with relevant paragraphs of POFA, now waiting on a reply.

    Also have got in touch with my MP last week but no reply there either yet.
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