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Highview lied to POPLA

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Comments

  • Bean789
    Bean789 Posts: 10 Forumite
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    REPLY:


    Thank you for your recent email which was passed to me by Mr Gallagher, Lead Adjudicator to respond to as I responsible for responding to complaints.


    I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Highview Parking.


    It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the assessment. The decision reached is based on the information made available to the assessor at the time.


    In your appeal you identified yourself as the Registered Keeper of the vehicle but not the driver.


    A Notice to Keeper was issued to the Keeper of the vehicle. I can see that within the appeal to POPLA you identified yourself as the driver of the vehicle on the date. As such, the assessor made the correct decision as such you are liable for the charge.


    I have reviewed the assessor’s decision and I am satisfied that the outcome reached is correct. POPLA is a one-stage process; there is no opportunity for you to appeal the decision.


    In closing, I am sorry that your experience of using our service has not been positive. While I understand this is not the outcome you had hoped for, our involvement in your appeal has now concluded. We have reached the end of our process and my response now concludes our complaints procedure.


    As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).


    We have reached the end of our process, it will not be appropriate to respond to any further correspondence on this matter. For clarity, if you choose to send us further correspondence, it will be noted but not responded to.


    Yours sincerely,
    Eileen Ioannou

    POPLA Complaints Team
  • Bean789
    Bean789 Posts: 10 Forumite
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    Their conclusion was that I claimed I was the driver so it doesn't matter if the NtK was compliant, even though the original POPLA response acknowledged that I hadn't declared this
  • Castle
    Castle Posts: 4,207 Forumite
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    Send POPLA a SAR.
  • Umkomaas
    Umkomaas Posts: 41,410 Forumite
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    What exactly was said that they consider the identity of the driver was provided? Can you find it in your POPLA appeal and copy it here?
    A Notice to Keeper was issued to the Keeper of the vehicle. I can see that within the appeal to POPLA you identified yourself as the driver of the vehicle on the date. As such, the assessor made the correct decision as such you are liable for the charge.
    But that isn't the decision that was made. In fact, as you say above, the assessor did not consider that the driver had been identified and said so in her assessment.

    Her decision was based on the NtK being PoFA compliant and therefore the keeper was liable. Quite different decisions and reasoning.
    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
  • Bean789
    Bean789 Posts: 10 Forumite
    edited 19 December 2018 at 4:02PM
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    Highview's evidence was a picture of a form, presumably from their database, with all my details and one line read 'Was Driver? Yes'. They claimed I had chosen that I was the driver on their online appeal form but I refuted this in my comments to POPLA.
    At no point in my own appeal did I say I was the driver .
  • Seem to have done exactly the same thing to me, the initial copy of my appeal, which I got via email when I made it doesn't include the "Was driver - yes" but in their reply to my appeal it does include it. I assure you, I checked and rechecked that I clicked no before submitting, after reading everything on here i knew how important this was.
    Unbelieveable and criminal!
  • Coupon-mad
    Coupon-mad Posts: 132,136 Forumite
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    I can see that within the appeal to POPLA you identified yourself as the driver of the vehicle on the date.
    But why did they say the above, about the POPLA appeal (not the first appeal)?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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