Highview incorrect PCN charge - leased car

bona_bone1

Hi all, I know this will be covered many times but just thought I'd ask the question to put my mind at ease I have searched the forums.

I received a PCN from our lease company, our friends Highview say the vehicle had been parked for over 7 hours at a Tesco, when in fact it was 2 separate visits, one in the AM, left the car park for work and then another visit later on in the afternoon. Date of the alleged offence was 13/02/19

The date we received the letter from the lease company was obviously much later than the 14 days we have to pay the reduced fee (09/03/19). The lease company have written to us to say they have given Highview our details using a "third party authorisation letter" and if they get a second notice they will pay it and charge us.

The lease company also have and given out our old address, so the letter has taken even longer to arrive (12/03/19). Checking out the PCN status online - it says it has been transferred and an update notice has been issued (yet to receive it).

So - when we receive the new reissued PCN do I just simply use something similar to the below which was from a legendary Edna Basher post? Or do I need to be more specific about the complaint? i.e. it was two visits etc? Or something different??

Dear Sir or Madam.

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,
[Insert squiggle as signature]

Any help / advice would be welcome!

Thanks

Redx

yes, use the edna basher template when the NTK arrives (as hirer or lessee or keeper) but add another paragraph, with the "double dip" issue mentioned as well

There were 2 short visits made by the driver that day and not the one single long visit listed by yourselves, so your ANPR and computerised systems are flawed and not fit for purpose and keeper and hirer details should never have been accessed

or something to that effect

bona_bone1

Thanks for the prompt reply, I'll add that in! Also its worth mentioning the image quality is terrible, and you cannot actually make out the reg number clearly at all.

Should I take anything up with the lease company do you think? i.e. sharing my details without consent, or sending a letter telling them to not pay anything on my behalf etc??

Thanks again

Redx

dont bother about image quality, read the parking prankster blog about anpr capture from a few years ago where he explains the pictures etc

no dont bother arguing with HIGHVIEW (or any parking company)

there is no traction if you argue about passing on hirer/lessee details so dont bother

YES , tell the lease company you are dealing with it and not to get involved any further and FORBID thempaying it as it would stop your legal right to appeal, tell them to read the BVRLA guidelines issued a few years ago (to nominate the lessee/hirer and so absolve and absent themselves from the whole shebang)

Coupon-mad

Should I take anything up with the lease company do you think? i.e. sharing my details without consent, or sending a letter telling them to not pay anything on my behalf etc??

i would send them a letter or email, stating that:

The driver is the only liable party, so the lease firm have no excuse to pay it if they get a second letter. This is because like several BPA member parking firms, Highview do not use the POFA 2012. Thus, Highview cannot pursue 'keeper liability' or hirer liability in law so this 'PCN' is not the responsibility of the lease firm.

Tell them this will 100% nailed on, be cancelled on appeal (or 2nd stage POPLA appeal) due to the lack of POFA wording, but they MUST let you handle it. Tell them you retract any implied authority the lease firm might think they have to pay it, and that you have appealed and taken responsibility, so there should be no further letters anyway.

bona_bone1

Thanks both, I'll let you know how I get on

Fruitcake

Please also complain to your MP about this unregulated scam, pointing out that the UK Government has banned the use of ANPR cameras for car park monitoring by councils and local authorities because it is not fit for purpose. Scammers deliberately use the well known ANPR flaws to generate income and they know they had no business obtaining keeper details because of this.