We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Highview parking appeal
Disgruntledparker
Posts: 2 Newbie
Hi,
I recently received a PCN from Highview parking, where I stayed 55 minutes in a Tesco car park. 30 minutes and under is free and if you have spent more than £5 you get a parking voucher, which was received. Evidently either the parking voucher hasn't been scanned by accident or it has and there has been a machine error, hence the PCN. Unfortunately this parking voucher has been binned.
Like many others I trawled through this site looking at the advice and came across a template to send to them, the appeal sent was as follows:
"I am appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party. The PCN makes no attempt to pass liability to the keeper after 28 days. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured. There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person. As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4. This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA Assessor Carly Law found: ''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.''"
Previously this appeal has been successful for me personally, but this time i got a separate response from Highview which was as follows:
"Dear Sir/Madam,
Thank you for your correspondence relating to your Parking Charge Notice (PCN).
The representations stated in your correspondence have been noted and considered. Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.
We are placing this Notice on hold for 14 days from the date of this email to allow you to provide the details requested."
I'm just looking for some advice as to what my next step should be?
I recently received a PCN from Highview parking, where I stayed 55 minutes in a Tesco car park. 30 minutes and under is free and if you have spent more than £5 you get a parking voucher, which was received. Evidently either the parking voucher hasn't been scanned by accident or it has and there has been a machine error, hence the PCN. Unfortunately this parking voucher has been binned.
Like many others I trawled through this site looking at the advice and came across a template to send to them, the appeal sent was as follows:
"I am appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party. The PCN makes no attempt to pass liability to the keeper after 28 days. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured. There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person. As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4. This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA Assessor Carly Law found: ''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.''"
Previously this appeal has been successful for me personally, but this time i got a separate response from Highview which was as follows:
"Dear Sir/Madam,
Thank you for your correspondence relating to your Parking Charge Notice (PCN).
The representations stated in your correspondence have been noted and considered. Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.
We are placing this Notice on hold for 14 days from the date of this email to allow you to provide the details requested."
I'm just looking for some advice as to what my next step should be?
0
Comments
-
Nothing, hahaha, it's obvious why they send that letter. Because they will lose at POPLA unless you tell them who the driver was.
Do nothing and they will cancel when they realise you aren't that daft!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Disgruntledparker wrote: »I'm just looking for some advice as to what my next step should be?
to NOT take a next step - to stand still !!
& WAIT0 -
Thanks to you both for the quick response!
Out of interest, is there any benefit to responding to their email reiterating that I won't be giving them information? I only ask as it's a company car and I'll no doubt get plenty of grief when the company start receiving threatening letters etc.0 -
You seem to have missed the fact that Highview will cancel, like I said.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Disgruntledparker wrote: »Thanks to you both for the quick response!
Out of interest, is there any benefit to responding to their email reiterating that I won't be giving them information? I only ask as it's a company car and I'll no doubt get plenty of grief when the company start receiving threatening letters etc.
I will ask you a question
in a game of poker or dominoes , would YOU show your hand before it was time to lay them on the table ?
this is like Dads Army
DONT TELL EM PIKE !!!0 -
Obligatory YouTube clip https://youtu.be/_YMVPXmaKds0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.4K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.4K Spending & Discounts
- 247.3K Work, Benefits & Business
- 604K Mortgages, Homes & Bills
- 178.4K Life & Family
- 261.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards