PCN challenge - Highview Parking

caspianseamonster

It seems that I failed to notice new parking restrictions at my Stevenage Tesco car park and so have been issued a PCN

I was using a hire car

The alleged infringement was on 12/01/2019, however Highview only issued the charge Notice to the hire company dated 19/2/19, some 38 days later

Interestingly the hire company then took until today 6/3/19 to inform me ( some 15 days later)

Have reviewed some of the wonderful and super helpful replies by the likes of Coupon Mad and Edna Basher I believe that as stipulated in POFA Subparagraphs 9.4 & 9.5 the notice must be given by sending it by post to a current address for service for the keeper so that it is delivered to that address within 14 days starting the day after the parking period ended.

If this is correct then, 19 Jan + 1 day later + 14 days means it should have been received , at the very latest by 3 Feb 2019 - where as the letter ( they sent or maybe emailed - I'm not sure which yet) clearly states the Date of Notice is 19/2/2019

If the "14 days" is 14 working days then 19 Jan +1 day+ 14 WORKING DAYS is 7th, possibly 8th February - still way before their PCN dated 19/2/19

My question is thus:

Is this clear ground for the PCN to be rescinded ?

and can I use the following template - or do I need some modification?

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Ltd (“Highview”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Highview’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Highview has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,
etc

Look forward to any help - Many thanks

waamo

It's Highview. Send the blue template that you should have found and they will cancel.

MistyZ

Going by the information on the Newbies' thread, it looks like the timescale to focus on is that between the date the PPC received the hirer's details from the lease company and that on which they sent a notice to the hirer:

'Here are some examples of a successful first appeal. These examples relate to a situation where the PPC has (pretty much ALWAYS!) failed to send the required documents to the hirer (you) with the postal Notice, by day 21 after the date they were informed of the hirer's details'

And in any case, the key thing is that they rarely (never?) send the required documents to the hirer.

I'm rubbish at working out timescales, even just counting days excluding or including weekends is beyond me sometimes. And for that reason I really like the simplicity of PPCs repeated failure to send those documents! It makes for a slam dunk at POPLA.

I take it you have not received a Notice to Hirer from Highview as yet?

caspianseamonster

Hi MistyZ
Not received anything in the post yet
The alleged infringement was on 12/01/2019
The charge Notice to the hire company was dated 19/2/19
The hire company only informed me today ( Ive asked them when High view actually contacted them )

Any further ideas

Regards

caspianseamonster

Hi

Just wondering what the "blue" template is , that you refer to

Any link, or can you cut and paste please

Thanks in advance

Redx

have the hire co followed the BVRLA guidelines and named you as hirer to HIGHVIEW in order to comply with POFA ?

if they have, then you will get an NTH in the post, but they probably wont supply the hire doc as required by POFA

it seems to me that you are thinking of appealing direct to HV with an edna basher appeal as HIRER/KEEPER/LESSEE and circumventing the POFA process ?

the "blue template" is in post #1 of that NEWBIES thread, but as this is a hire vehicle then you ignore it and scroll down to the bottom to the edna basher advice and links instead

The_Deep

If they have changed hours/tariffs, according to their ATA's code of practice they should post notices informing customers, Complain to your MP.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .

MistyZ

If the notice to hirer (i.e. a PCN addressed to the hirer) hasn't been received yet then the appeal you've copied above isn't relevant as it says:

"There are a number of reasons why Highview’s Notice to Hirer did not comply with POFA; ....."

Also, I hear what waamo says about Highview, that they'll most likely back off after the first stage appeal, so presumably they're not the sneakiest .... but even so, you'd be well-advised to edit your posts so that there's no indication whatsoever of who was driving.

Redx

agreed, in which case the OP should adapt the edna basher example accordingly

the devil is in the detail, and the OP has not supplied enough detail for a definitive answer

I suspect the hire co have passed on the NTK to the hirer, instead of following the guidelines and POFA, meaning that even after 6 years of POFA and some 3 or 4 years of BVRLA advice, hire companies are still stupidly following pre pofa rules of a decade ago

caspianseamonster

Hi All and MistyZ , Redx etc.
Maybe I'm jumping the gun a wee bit too early, as I only received notification by email from the Car Hire company yesterday that High View Parking had contacted them
All know at the moment is in their email which says “Your details have been forwarded on to the penalty charge issuer.” The PCN issuer will transfer the liability to you and issue you with a new PCN in your name. This gives you the opportunity to challenge or pay the penalty. Please, do not fill the representation or send the PCN that we attached at the email. It will not be accepted for the issuer.”

I'm not sure what the last sentence means but maybe that’s not important now

Anyway I've asked the Hire company when they sent my details to Highview etc. etc.so I know the relevant dates and am awaiting a reply )

I guess – if someone can advise that would be great – that I wait for Highview to send me the PCN and act then according to whether they do it within time and enclose the correct documents etc. etc. ???

From Redx’s earlier message - I'm happy to follow the POFA process if that’s the best route? – happy to take advise as this is my first problem of this type and it's a big learning curve ☺

MistyZ

Yes, I think you just wait for the Notice to Hirer.

I'd take heart from the 'it's (only) Highview' comment. Sounds like they may well back off after receiving an appeal that shows you know your stuff re. POFA compliance. Have you read the relevant paragraphs yourself?

And if they don't back down, this really is an easy one at POPLA, and there are loads of excellent and successful examples of hirer appeals here to adapt.