PCN from Highview Parking, Watford Waterfields

pencilpot1

Good Afternoon All

I have received a PCN from Highview Parking, Watford Waterfields. 

I have read previous posts and am hopeful that I might be successful in appealing I saw a previous post and formulated the following initial response below.

Initial reply to PCN by me ..

Re PCN number: 20000x Registration XXX

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 concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.
As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore that you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.

Furthermore it is understood the car park was fully populated that day with over 25 minute waiting time for a space that allowed suitable provision to open both doors to allow 1 small child and a baby out was not possible. The vehicle would not have been parked for the 2 hours that this charge is indicating.
Thanks in advance.

AppealPCN.co.uk Response

Dear Madam,

Thank you for your correspondence relating to your Parking Charge.

The representations stated in your correspondence have been noted and considered.

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.
Also, in light of your claims, we are prepared to reconsider the status of this Charge should we receive evidence of your custom at the site on the date in question.

However, until such time as this evidence is received this Charge will continue to remain outstanding.
We are placing this Charge on hold for 14 days from the date of this letter to allow time for the documentation requested to be received.

Yours faithfully,
Highview Parking Ltd.

Please help as I am not sure how to respond and I only have 14 days as of today!

Many Thanks

Fruitcake

Ignore their response and await your PoPLA code. Meanwhile enact Plan A, a complaint to the landowner and your MP, without revealing the driver's identity.

For your PoPLA appeal, use all the points available to you from the third post of the NEWBIES and show us your draft before you submit it, but only after exhausting Plan A.

Other points should include,

Not the landowner
No standing to issue charges in their own name.
Inadequate signage
BPA CoP failures
Anything else relevant.

Get photos of the site and signage in readiness.

pencilpot1

Thanks Fruitcake 
When you say "Ignore their response and await your PoPLA code" what do you mean in 14 days by doing nothing will i become liable?

Coupon-mad

Of course not.  Ignoring it forces them to send you a POPLA Code in August.

The retail park will cancel it when you do Plan A this week anyway.  This is all explained in NEWBIES PLEASE READ THESE FAQS FIRST.

pencilpot1

Hi Coupon-mad, sorry I'm just unsure of the next step, post the indicial reply above 

I have looked at the newbie thread and I'm unsure of the next step.. sorry i have been reading similar threads at this car park but they are 8+ years old.

The car park is a shared car park (multiple retailers in there) So im not sure who i will write too, will it be on the signage of the car park?

And the letter template in the newbie thread in blue i email them with and cc high view parking?

Sorry for the questions i have been looking at the pinned posts, 

1. find the landowner
2. Write to them..
3. wait for the 14 days?

Fruitcake

I don't understand why you are fixated on 14 days.

Plan A means "Do this first". Often details of the landowner or their agent can be found on the information boards at the entrance to a retail park. Google Streetview images or a return visit may reveal this information.
An internet search may also produce the information about the landowner's identity, or that of their managing agent.

Ignore the letter you have received.

If you don't get a landowner/landholder cancellation, wait for Highview to send a rejection letter with a PoPLA code, then appeal to PoPLA.

Umkomaas

The car park is a shared car park (multiple retailers in there) So im not sure who i will write too, will it be on the signage of the car park?

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Coupon-mad

pencilpot1 said:

i have been looking at the pinned posts, 

1. find the landowner
2. Write to them..
3. wait for the 14 days?

You simply email the retail park managers if the place has a website, or ring the number given on the bottom of the 'welcome' entrance plinth at the site.

And the letter template in the newbie thread in blue i email them with and cc high view parking?

No.  You are not 'appealing' again. You are COMPLAINING ANGRILY.  The Newbies thread has s hyperlink to an entire thread of SUCCESSFUL COMPLAINTS ABOUT PPCS.

pencilpot1

Hi All, 

Thank you for the replies, i have been trying to track down the land owner and its not easy, cant see anything on signage and High view are the management agent https://www.waterfieldspark.co.uk/park_information.php. I have read all previous appeals at this site no one has references to the land owner either.

I have been looking at the next stage appeal and looked at their email reply to me. And the cheeky Sods have put the website options below... I 100% did not click i was the driver on the submission!! via there website. I'm fuming! Also i wasn't the driver so there is no way i would put this anyway!!, can they mess with evidence?

Dear Madam,Thank you for your correspondence relating to your Parking Charge.The representations stated in your correspondence have been noted and considered.

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.Also, in light of your claims, we are prepared to reconsider the status of this Charge should we receive evidence of your custom at the site on the date in question.

However, until such time as this evidence is received this Charge will continue to remain outstanding.We are placing this Charge on hold for 14 days from the date of this letter to allow time for the documentation requested to be received.Yours faithfully,

Highview Parking Ltd. 

On Fri, 30 Jun 2023 at 14:38, <> wrote:

New Appeal Form Submission
PCN No.	2000012744
VRM
Was Driver?	Yes
Site	00494 - Waterfields Retail Park, Watford
Email Address
Name of Appellant
Reason for Appeal	Other
Follow up Questions
No of Documents attached	1
F
Submitted on	30/06/2023 13:38:45

Coupon-mad

Just reply next week - no rush - and say you were not the driver and WILL NOT be naming them, and that you have complained to Westfields about this harassment.

Surely there's a 'contact us' link on that Westfields Website? You don't have to read their FAQs drivel about contacting Highview only. Obviously you can ignore that and make your complaint ASAP.

KeithP

Coupon-mad said:

Just reply next week - no rush - and say you were not the driver and WILL NOT be naming them, and that you have complained to Westfields about this harassment.

Surely there's a 'contact us' link on that Westfields Website? You don't have to read their FAQs drivel about contacting Highview only. Obviously you can ignore that and make your complaint ASAP.

Yes there is a 'contact us' email address on their website - www.waterfieldspark.co.uk.
It is waterfields@mjmapp.com