Highview Parking charge

in_debt_again_but_dealing_with_it

Hi
Apologies for starting a new thread but I am getting more confused the more I read. I've read the NEWBIE thread and am not sure if the blue template would apply to my charge as the duration was 5hrs 16 minutes - I've no idea what the maximum stay was as didn't notice a sign on the day and can't find any information on the locations website. I'm assuming it was 3 hours - I found another template but I'm getting a bit mixed up with them all. Would this one be more appropriate;

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.''

Thanks for any advice and apologies again for being so dense :-/

waamo

It's Highview. Send the blue template and they cancel. It really is as simple as that.

fisherjim

in_debt_again_but_dealing_with_it wrote: »

I'm assuming it was 3 hours -

Never assume anything in the parking game, that's exactly how people get into this mess in the first place.


Go with the template, follow the tried and tested route on here.

in_debt_again_but_dealing_with_it

How long does the response take? I posted the appeal as advised on 27th August and haven't heard anything yet.

Fruitcake

in_debt_again_but_dealing_with_it wrote: »

How long does the response take? I posted the appeal as advised on 27th August and haven't heard anything yet.

Posted, or sent via their online portal? The advice is not to use post unless there is no other option.

They have 35 days to reply but an online submission usually takes less than one working day.

in_debt_again_but_dealing_with_it

I submitted it online - received and acknowledgement of receipt and nothing since.

Redx

35 days then , its in the BPA CoP and has been for many years

Coupon-mad

Patience, you've allowed a mere week.

Maybe the person who issues the 'we've cancelled it' Highview emails is on holiday.

in_debt_again_but_dealing_with_it

Huge thanks - once again MSE has saved me a fortune. :-D

Coupon-mad

We assume they gave up?!