Highview Parking Charge Notice

HollaHup

Dear users of this forum,

Today the registered keeper received by post a charge notice in Tescos Car Park.

The person who was driving parked in the car park, went to buy snacks in Tescos for the cinema VUE which in fact if you get free parking if you go to VUE cinema. The person who was driving does not have any receipts but DOES have bank statement record of the 2 transactions from Tescos and VUE. The VUE cinema did not print the cinema ticket in the kiosk therefore the driver had to go to the till and tell them their machine is broken, they just written some details on a back of blank cinema tickets for the other staff. The driver tried to validate the reciept from Tescos but it did not work / was not sure how to actually do it and was not given any actual receipt from the VUE cinema. As mentioned before the driver does have bank statement showing the 2 transactions.

Here is some information from the website in relation if the parking rules.
"There will continue to be 30 minutes free parking with no minimum spend needed
8am - 6pm, Monday - Saturday up to 1 hour £1, 1 -2 hours £1.70, 2-4 hours £2.60
6pm - 8am overnight rate £1
Free parking for Tesco store and Vue cinema customers (remember you vehicle registration number)
anyone who spends £5 or more at Tesco will be able to park for free for 3 hours. Collect your voucher from the checkout, before you go validate your parking at one of the machines in the car park or/and pay for additional time.
four hours free parking for people going to Vue cinema at Trinity Square. Collect your voucher from the Vue cinema till, before you go validate your parking at one of the machines in the car park or/and pay for additional time. "

The duration stayed is about 4 hours and 1-10 minutes

Any help on how to make a appeal or how to deal with this situation is much appreciated. (I read the rules regarding threads I hope I have not broke any rules)

I would upload a picture of the charge notice by it says Im a new user therefore im not allowed.

Thanks, Keeper :rotfl:

Redx

how many days between the incident date and the date that the NTK arrived in the post ?

does the NTK comply with POFA2012 including the wording like the POFA2012 warning paragraph about keeper liability ?


complain to both retailers LOUDLY and get this NTK cancelled, asap

HollaHup

Thank you for your quick reply Redx

It has been 9 days from the incident date and the date I received the NTK.

Im not sure what is the meaning of POFA2012, however there is a paragraph in short which states
"The driver of this vehicle is required to pay this parking charger in full wihin the time frame stipulated above...."

I wish I could show you what the paper looks like.

again Thank you

KeithP

HollaHup wrote: »

Im not sure what is the meaning of POFA2012...

Stick those bold characters into google for your answer.

HollaHup

I done a research about what POFA2012 is and on the letter is self it does state who is liable for the charge but it is not written in 'law context'.

This is everything that is written on the paper, on the paper it also has times & dates, including a picture of the car.

Having checked the vehicle details with the Driver and Vehicle Licensing Agency (DVLA), we are writing to you because either you were the registered keeper at the time of parking, or the registered keeper has named you as the driver at the date and time of the event.




In accordance with the Terms and Conditions clearly and prominently displayed and agreed to when your vehicle parked on our Client's property, the payment of £ $$$$ is required within 28 days from the date of this Notice. We will accept the reduced sum of £ $$$$ if payment is received within 14 days i.e. before 14/12/20$8 If payment is not received within 28 days, an initial debt recovery charge of $$$$ will be incurred.

The driver of this vehicle is required to pay this parking charge in full within the time frame stipulated above. As we do
not know the driver's name or current postal address, if you were not the driver at the time, you should provide us with the
name and current postal address of the driver and pass this notice to them. If the vehicle has been hired, please
provide a signed statement confirming the hirer's name and address and include a copy of both the hire agreement and
their statement of liability

Following the landmark Supreme Court ruling of Parking Eye v Beavis, it has now been established that a Parking Charge
Notice issued on Private Land is enforceable. The Court rejected claims that such charges are extravagant, exorbitant or
unconscionable and advised that such charges act as a necessary deterrent for breach of contract. If you feel you have
sufficient grounds to appeal this notice you will find full details of the appeals process overleaf
Operating in accordance with the British Parking Association's Code of Practice. B PA
PLEASE SEE OVERLEAF FOR DETAILS ON HOW TO PAY, OR MAKE A REPRESENTATIONmon
Registered Office: Ranger House, Queens Road, Bamet EN5 4DJ Registered in England 05541862
VAT Number: 916 1465 30

Hope this helps, thank you.

Redx

so no warning on their NTK so it fails the law on keeper liability


appeal as KEEPER using the blue text template, no alterations


no telling them who was driving either

HollaHup

Thank you,

Could you tell me where is the blue text template please.

Fruitcake

Not PoFA complaint.

So, initial appeal now using the blue template from post 1 of the NEWBIES.

If it is rejected, then make a second stage appeal to PoPLA using the template points from post 3 of the NEWBIES.
Point 1 of PoPLA will be non PoFA complaint NTK, with an explanation of why it fails, followed by all the other usual points that are relevant which will include grace periods.

KeithP

I'm sure the last line of your opening post was meant to be:

Thanks, Keeper.

Seriously, please correct that.

Fruitcake

HollaHup wrote: »

Thank you,

Could you tell me where is the blue text template please.

It was just underneath where you clicked on the button. It asks you to read it first before starting a new thread, as most of your questions are already answered there.

HollaHup

Thank you so much everyone, I just done what you guys told me to and I will update you if the appeal was successful or not.