PCN sent to the wrong flat despite V5C having the correct address

UOB

Hi everyone, 
I'm really sorry that this post is really long but I thought it would be best if I include all of the details and I would really appreciate some advice on how to respond to the reply to my challenge for a PCN issued by a private company (PCN & subsequent notices to keeper were all sent to the wrong flat/address). Do I need to pay it or do I still have grounds to contest it? The PCN was issued via post (contravention on 'camera') - not by a parking warden.

PCN Challenge: sent at 21.30 Friday 26th June 2020

Without Prejudice

I am writing to formally challenge the above Charge Notice on the basis that I was not served the Notice to Keeper within the legal timeframe of 14 days, possibly because it was not served to my correct address and I did not receive the original two Charge notices mentioned in this notice. Therefore, this PCN is not compliant with the Protection of Freedoms Act 2012 which states that 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 the relevant period. (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking was ended'. 

A letter sent by ************** Parking Ltd to the wrong address (Flat **A ****** Road) on 22/06/2020 says that 'A notice was sent to you on 18/05/2020, and a Reminder issued on 04/06/2020. To date full payment has not been received and the deadline for valid written representations against this charge notice has expired. To avoid this being passed to our legal department for further action and possible further charges, you are required to pay the sum of £140.00 within 14 days of this letter'. 

I challenge this PCN because I (the keeper) did not receive the original notices on the 18/05/202 or the 04/06/2020. The only notice I have seen from Highview Parking (despite it being sent to the wrong address) was the notice dated 22/06/2020. This notice was addressed/served to **A ****** Road, however I live at Flat **D ****** Road. Flat D has a separate entrance and front door to Flat A, therefore it is not my fault that I did not receive the PCN within the legally required time frame.  Flat A has vacant for over a year. The first time I became aware of any Charge notice was today on the 26/06/2020 (7 weeks after the parking event took place) with a notice dated 22/06/2020. My address is also correct on my V5C (Vehicle Registration) form - which clearly states that I live at **D ****** Road. This suggests that I was not served the notices because of a clerical error on the part of your organisation.

Please find attached evidence to this effect in the form of the incorrect address on the PCN dated 22/06/2020 and the correct address on the V5C form. This supports my claim that this Notice to keeper was sent to the wrong address and posted through the wrong door. This is also possibly the reason why I have no knowledge of the alleged PCNs dated 18/05/2020 and 04/06/2020. However I also telephoned ********* Parking Ltd on Friday 26 June to enquire about the first two 'notices' which I have never received and she stated that ******** Parking Ltd are receiving many letters with the same complaint and advised me to write to you.

I look forward to receiving notification within 28 days that the PCN has been cancelled as a result of the notice to Keeper not being compliant with s9 Protections of Freedoms Act 2012 Schedule 4. The NtK must be served (received by me) within 14 days of the parking event (05/05/202). This was not the case and I had no knowledge of any contravention or of any notices until the 26/06/2020 when the letter dated 22/06/2020 was posted through the front door to my set of flats: **B-D ****** Road (over 7 weeks after the date of the contravention).

The reply that I received from the private company states:

Dear Sir/Madam,

Thank you for your correspondence relating to your Parking Charge Notice (PCN), the contents of which have been noted. 

The Notice in question was issued without invoking the Protection of Freedoms Act. 

In accordance with the DVLA and BPA rules, PCNs can be issued up to seven months from the date of the parking contravention. 

We apologise the Notice was not received in a timely manner, and whilst we appreciate that this Notice was issued later than the BPA AOS guidelines, such occurrences can occur due to a number of reasons, such as delays in receiving keeper information or a delay in data processing.

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.

Yours faithfully,

************** Parking Ltd. 

KeithP

That's just Highview fishing for the driver details.

Ignore it and wait patiently for Highview to provide a PoPLA Verification Code.

You will win a PoPLA appeal as long as the driver is not identified.


P.s. you hid the driver's identity better than your attempt at hiding the parking company's name. 

Coupon-mad

Seconded. No-one needs to start a Highview thread, they are sooo easy!

UOB

KeithP said:

That's just Highview fishing for the driver details.
Ignore it and wait patiently for Highview to provide a PoPLA Verification Code.
You will win a PoPLA appeal as long as the driver is not identified.
P.s. you hid the driver's identity better than your attempt at hiding the parking company's name. 

Thank you so much! So does Highview have to email me a PoPLA Verification Code then, even if I don't reply in the 14 days? Also, when I do receive the PoPLA code, do I just send an appeal to PoPLA regarding this case?

UOB

KeithP said:

That's just Highview fishing for the driver details. Ignore it and wait patiently for Highview to provide a PoPLA Verification Code.
You will win a PoPLA appeal as long as the driver is not identified.

Sorry, but I have just noticed that on their email reply to me (underneath the text I quoted in my first post) they have written the PCN number, the number plate and that I was the driver? (see below). However I did not say anywhere in my appeal or letter that I was the driver (I was not the driver). Do I still not respond to them and just wait?

New Appeal Form Submission
PCN No.	2**********************
VRM	**************
Was Driver?	Yes

KeithP

Do I still not respond to them and just wait?

Yes, but if you ticked the "I was the driver" box when you sent your appeal it might be a little more difficult at PoPLA.

I repeat: do not respond to that letter.

Coupon-mad

Looks like you chose 'driver' in the two choices given.   SURELY NOT?  Highview give you 2 choices AFAIK:

''I was the driver and (some twaddle)''
''I was not the driver or the parking charge was not properly issued (or some such twaddle)''.

WHY would anyone tick the first one...you must have ticked the first one...?!  Arrrrggghhh!!

What happened when you compained to the retail Store Manager (or landowner, whoever) when the PCN arrived, as anyone must?

UOB

Coupon-mad said:

You chose 'driver' in the two choices given. HIghview give you 2 choices AFAIK:
''I was the driver and (some twaddle)''
''I was not the driver or the parking chrge was not properly issued (or some such twaddle)''.
WHY would anyone tick the first one...you must have ticked the first one...?!  Arrrrggghhh!!
What happened when you compained to the retail Store Manager (or landowner, whoever) when the PCN arrived, as anyone must?

I really can't remember if I ticked I was the driver or not  
But there's a possibility that I did, thinking it meant the car owner rather than the driver on the actual day (it wasn't actually me who had the car that day) - I realise now that if I did tick this it is an incredibly stupid mistake but I have never received one of these PCNs before.
I'm afraid I didn't complain to the retail store manager because the contravention occurred during the Covid lockdown so the stores were shut, but the car park was still open with other cars using it.

UOB

Coupon-mad said:

Looks like you chose 'driver' in the two choices given.   SURELY NOT?  Highview give you 2 choices AFAIK:
''I was the driver and (some twaddle)''
''I was not the driver or the parking charge was not properly issued (or some such twaddle)''.
WHY would anyone tick the first one...you must have ticked the first one...?!  Arrrrggghhh!!

I'm also confused that if I did tick that I was the driver as they claim I did, why is the letter from Highview asking me:
"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."

UOB

KeithP said:

I repeat: do not respond to that letter.

Thank you, I will not respond. Really appreciate your time and advice.

Coupon-mad

UOB said:

Coupon-mad said:

Looks like you chose 'driver' in the two choices given.   SURELY NOT?  Highview give you 2 choices AFAIK:
''I was the driver and (some twaddle)''
''I was not the driver or the parking charge was not properly issued (or some such twaddle)''.
WHY would anyone tick the first one...you must have ticked the first one...?!  Arrrrggghhh!!

I'm also confused that if I did tick that I was the driver as they claim I did, why is the letter from Highview asking me:
"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."

That occurred to me too!  It makes no sense.
Sit tight and await your POPLA code or cancellation. 

Highview often cancel and if not, just proceed to POPLA as registered keeper and Highview will fold.