Highview Parking Charge. No PCN was received before reminder letter.

Guest2323

Hi Everyone,

I have received a Parking Charge Reminder from Highview Parking. I am the keeper of the vehicle and the vehicle overstayed at the car park by 28 minutes.

On the letter it states that they sent me a charge on 20/02/2023, however the parking charge reminder was the first letter I received from them. Originally I planned to send an appeal much like the one posted in this thread:

https://forums.moneysavingexpert.com/discussion/6425197/highview-parking-claims-no-invocation-of-pofa

However, I am worried that I will get a similar response from Highview. I would much rather have the charge cancelled for certain than to ignore a response them.

I am also worried that appealing with the basis that they were not compliant with Protection of Freedoms Act 2012 will not work as I did not received the first parking charge notice, but there is no way to prove this.

How should I go about appealing my case when I did not receive the first parking charge notice? Should I go ahead and appeal using the blue template in the NEWBIES thread without mentioning the PCN and POFA?

Many thanks in advance!(Image removed by Forum Team)

Grizebeck

Use this appeal please. Just do it..no questions needed. Log it at https://pcnphoto.com

this is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw

Coupon-mad

Yep, do that.  It will work and the non-POFA argument WILL win at POPLA anyway if Highview push it that far. Nothing to worry about.

Guest2323

Thank you @Grizebeck, I have followed and submitted the appeal.

KeithP

@Guest2323, you say you never received earlier notices.

Please check that your vehicle's Registration Document(V5c) has the correct address on it.

If needed, that can be corrected online at the DVLA's website.

Guest2323

Hi @KeithP, my V5c is correct. I have read on some threads that other people also did not receive the first PCN. I am not sure if they never sent it in the first place or if it got lost in the post...

B789

As a slight aside... wouldn't it be nice if (assuming it is even possible to introduce something like this) all PPCs are OBLIGED to send someone to their local post office each day and get a free "proof of posting" certificate for every original PCN they "claim" they sent but apparently is never received.

@Coupon-mad... too late for something like this to added to the new CoP?

Grizebeck

B789 said:

As a slight aside... wouldn't it be nice if (assuming it is even possible to introduce something like this) all PPCs are OBLIGED to send someone to their local post office each day and get a free "proof of posting" certificate for every original PCN they "claim" they sent but apparently is never received.

@Coupon-mad... too late for something like this to added to the new CoP?

never going to work as 99.9% of mail is done automatically , printed and posted remotely.  Something i do. never need to visit a post office.  all done via outsourcing firms

Coupon-mad

Nothing new can be added to the new CoP because I suspect that (knowing this rogue industry) any change could open the floodgates to another excuse for another JR.

Nothing will be touched except the two issues already the subject of JRs, just to get the Code through.

B789

Grizebeck said:
never going to work as 99.9% of mail is done automatically , printed and posted remotely.  Something i do. never need to visit a post office.  all done via outsourcing firms

I appreciate that. However, it would have been nice if they'd been forced to do this in light of their incredibly poor record of missing mailings. It would be nice if it could be argued that, on the balance of probabilities, they didn't post something, unlike the defendants who have made the effort to provide proof.

Just the thought of them having to do this in order to stem their robo-claim methods by inserting a manual step that, without, could be argued against. Could you imagine how p!ssed off they'd be?

Trainerman

B789 said:

Grizebeck said:
never going to work as 99.9% of mail is done automatically , printed and posted remotely.  Something i do. never need to visit a post office.  all done via outsourcing firms

I appreciate that. However, it would have been nice if they'd been forced to do this in light of their incredibly poor record of missing mailings. It would be nice if it could be argued that, on the balance of probabilities, they didn't post something, unlike the defendants who have made the effort to provide proof.

Just the thought of them having to do this in order to stem their robo-claim methods by inserting a manual step that, without, could be argued against. Could you imagine how p!ssed off they'd be?

I am very much in agreement. It is a shame that there is no way of addressing this currently. I am sure all of us on the Forum are aware of so many missing or very late letters from the PPcs and their robo-claim DRAs and 'solicitors' . Self evidently, this is a deliberate tactic to help them bully so many into paying up quickly.

I would love to shut this avenue, if there were a way to do it