Highview Parking - Edmonton Green South

cxxr

I'd like to first thank all of the dedicated contributors to the site first and foremost, as I was helped with an issues some years back successfully. Thank you!

The time has come again:

My wife got a letter through the post today - 16th April 2021 - from Highview Parking, stating they did not receive payment for full duration.

The problem here is none of the machines were working and an Asda Employee with a high visibility jacket just told her its was 2 hours free and that no payment needed to be made.
Unfortunately she didn't take a picture of the non-working machines with blank screens.

The entry/exit was 12th March 2021 and the date of issue on the letter states 9th April - However we only received the letter this morning on the 16th!

I have yet to make the appeal to Highview.

Any help on how to go through the process to appeal so far as the info above would be appreciated.

They have BPA badges on the letter, and it does not state notice to keeper either.

Umkomaas

NTK is not PoFA compliant - easy win. Use the blue text appeal from the NEWBIES FAQ sticky, first post, just adding a line that as the NtK does not comply with PoFA they cannot hold the keeper liable. Suggest they chase this up with the driver, not the keeper 

KeithP

And just to make it absolutely clear cxxr...

Under no circumstances should that appeal give Highview the identity of the driver.

cxxr

Umkomaas said:

NTK is not PoFA compliant - easy win. Use the blue text appeal from the NEWBIES FAQ sticky, first post, just adding a line that as the NtK does not comply with PoFA they cannot hold the keeper liable. Suggest they chase this up with the driver, not the keeper 

Thanks is this a 1st appeal to Highview or at POPLA stage?

KeithP

cxxr said:

Umkomaas said:

NTK is not PoFA compliant - easy win. Use the blue text appeal from the NEWBIES FAQ sticky, first post, just adding a line that as the NtK does not comply with PoFA they cannot hold the keeper liable. Suggest they chase this up with the driver, not the keeper 

Thanks is this a 1st appeal to Highview or at POPLA stage?

First appeal. Hopefully you won't need a PoPLA appeal.

cxxr

Is there anything else wrong with this notice apart from the NTK bit? I'm sure that they automatically reject 1st appeals even if they are correct, because that seems to be the pattern from these parking companies.

cxxr

Umkomaas said:

NTK is not PoFA compliant - easy win. Use the blue text appeal from the NEWBIES FAQ sticky, first post, just adding a line that as the NtK does not comply with PoFA they cannot hold the keeper liable. Suggest they chase this up with the driver, not the keeper 

This ok?


Re: PCN number: 2xxxxxxxxxxx9

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. 

You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

In addition to the allegation, this letter to the keeper of the vehicle does not comply with PoFA and you cannot hold the keeper liable. 

I suggest you chase this up with the driver, not the keeper.

Yours,

Name

Address

KeithP

cxxr said:

Is there anything else wrong with this notice apart from the NTK bit? I'm sure that they automatically reject 1st appeals even if they are correct, because that seems to be the pattern from these parking companies.

You might be right. Maybe they will reject it.

But what have you got to lose? Just the effort needed to write one short sentence.

Send the blue text template appeal with that one extra sentence and maybe, just maybe, that will be the end of it.

Le_Kirk

If that is the blue text appeal from the NEWBIE sticky with the additional sentence as suggested by @Umkomaas, then that is fine.

Redx

The above is plan B , but is good advice nonetheless , as a second task

Plan A is the first task !!

cxxr

Redx said:

The above is plan B , but is good advice nonetheless , as a second task

Plan A is the first task !!

Not quite sure I understand - plan a/ plan b?