Highview Parking claims no invocation of POFA

Parantapa

Hi everyone, I need some advice. I sent the below appeal-letter (online) in response to my PCN for overstaying a retail car-park by half an hour in the late evening (the place was almost empty). (This same appeal-approach was immediately successful for me three years prior, at the same retail car-park) … I am pasting the present response I got from Highview Parking on this occasion. I’m not sure how to respond to them, if at all…

Dear Sirs / Madams,

I am the keeper of vehicle xxxxxxx and have received your Charge Notice xxxxxxxxxx.

Your notice fails to meet the requirements of schedule 4 of the Protection of Freedoms Act 2012, namely (but not limited to): failing to include ALL the information mandated by section 9 (2), which must be present for the keeper to be held liable.

Accordingly I, as the keeper, cannot be held liable for the actions of the driver at the time. There is no legal requirement for me to identify the driver and I decline your invitation to identify them. I have passed your notice to the driver as requested and leave it up to them as to whether they contact you.

I do not expect to hear from you again other than to confirm that no further action will be taken against me on this matter. Thank you,

XXXX XXXX


HIGHVIEW’s RESPONSE:

Dear Sir,

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

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

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

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 Charge on hold for 14 days from the date of this email to allow you to provide the details requested.

Yours faithfully,

Highview Parking Ltd

Coupon-mad

But they never use the PoFA. That's the whole point of why you will win! 

Of course you don't respond to that begging letter.  

Parantapa

Coupon-mad said:

But they never use the PoFA. That's the whole point of why you will win! 

Of course you don't respond to that begging letter.  

Thank you …Their response almost sounds like they are beyond the jurisdiction of the POFA, like it doesn’t apply “here” and “you can’t be protected by that.” 

fisherjim

It's a carefully worded bit of trickery if you read between the lines, and you should understand what you are sending before you send it, however this is their fishing exercise so you give them the little bit of info they want to proceed without using the PoF Act:

"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".

And why you should always check here before replying or not as in this case.

Coupon-mad

Yup but in fact it's: "yes, it's non-POFA, you sussed us, but let's see if you really understand what you are doing"!

B789

Would it be unreasonable to respond to that e-mail/letter from the PPC with a "WITHOUT PREJUDICE" (or not) letter stating:

Dear Highview Parking,

If you are so desperate to obtain the drivers details because you are fully aware that you cannot transfer liability to the keeper, do you honestly think that I am one of your gullible victims who doesn't understand the law and the process involved here? Please do us both a favour and drop this feeble attempt to extort money from someone who has you sussed as the vexatious, unethical, bottom-dwelling company that we both know you are.

Save yourself any fees by cancelling the PCN and it going to any appeal. If you are so confident that your non-POFA claim has ANY chance of succeeding in getting someone like me to part with a penny of my hard earned income, then please proceed directly to a court claim. You may NOT sell or give my personal details to any other company, in particular any debt recovery agents who you know full well, have no right to sue me and are at the same gutter level as your scamming company.

I look forward to your cancellation of this PCN or your County Court Claim. Either way, you know that you have wasted your time and money, so far, with this attempted scam to extort money from me.

Yours faithfully,

Your non-POFA, keeper nemesis.

Coupon-mad

Reasonable apart from phrases involving the words 'unethical', 'scam' or 'scamming' (be careful of defamation).

However, not needed!  They will cancel anyway.

B789

Coupon-mad said:

Reasonable apart from phrases involving the words 'unethical', 'scam' or 'scamming' (be careful of defamation).

However, not needed!  They will cancel anyway.

There is some self satisfying part of me that would do this should I ever be inattentive enough to receive a PCN from a PPC. I've been threatened with slander and libel suits over the years I ran my website, from the wealthiest airline owners through their expensive law firms. Not one ever proceeded beyond the threats, most likely knowing that any alleged slander or libel was likely to be proved or other controversy would come out in the wash that they would prefer not to be exposed.

Anyway, a without prejudice letter is not in the public domain and would the scamming PPCs actually want progress it to an expensive trial, nothing to do with the small claims track?

KeithP

@Parantapa, what happened next?

Parantapa

KeithP said:

@Parantapa, what happened next?

Absolutely nothing. Didn’t hear from them again … until I received a fresh PCN a couple of days ago. And now they’ve up-ed their game with new wording.

UncleThomasCobley

"A fresh PCN"? For the same alleged contravention?