PCN from Highview Parking, Watford Waterfields

pencilpot1

Just want to say thank you to you all for your assistance Keith & Coupon-mad, i have done what you both have said, the land owner has been contacted and i will reply to Highview later. Then await the response.
I just want to say thank you to for the responses for your help and insight, it really does make a huge difference   

pencilpot1

This is my letter to the land owner that i emailed. Sent to waterfields@mjmapp.com info@wearemapp.com london@mjmapp.com

Good Morning

I received the following PCN number: 200001xx Registration xxx from Highview Parking at Waterfield’s retail Park Watford on 23/06/2023

I dispute Highview’s 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I am making a complaint about Highview’s predatory conduct to you the landowner.

I am well aware that Highview can't hold me liable, this is appalling harassment.  

Were you aware that Highview, your agents, do not comply with the POFA 2012 (the only to hold registered keepers liable) and would be beatable in court?

I would prefer to avoid that level of anxiety and time/cost for my family, of course, and not be left with a nasty taste in my mouth about how driver(s) of my car have been harassed for being a genuine patron of your retail car park. 

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

Furthermore, the time limit is 2 hours and the PCN offence states 2 hours 16 was the duration, evidence must include the actual grace period agreed by the landowner (can you confirm what this is?), this was not specified in the PCN.

Failure by Highview to evidence the actual grace period that applies at this site or suggest that only one period applies, is as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

That additional 20 minutes would also mean the PCN would not be enforceable on this account alone.

Why should registered keeper be inflicted with this harassment by your managing agent.

I am aware that Highview are your agents and you can cancel these charges whenever you wish, when it is pre-court (as this PCN is PCN number: 200001xx Registration xxxx). 

Please step in and restore my faith in Waterfield’s retail Park in the future.

Kind Regards

pencilpot1

Also in response to Highviews reply to my appeal i wrote the following

To appeal@appealpcn.co.uk

There has not and will not be any admissions as to who was driving and no assumptions can be drawn, I have also formally complained to Waterfield's the landowner about this harassment!.

Furthermore to my original points raised i would like to add that

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

 ----------------

Now i will await the response from both....

KeithP

pencilpot1 said:

...I have also formally complained to Westfields the landowner...

It's Waterfields.  

Le_Kirk

Were you aware that Highview, your agents, do not comply with the POFA 2012 (the only way to hold registered keepers liable) and would be beatable in court?

I hop you corrected this omission before you sent it!

pencilpot1

Land owner update..

Not confirmed by High view yet though.

Dear 

Thank you for your reply.

The parking company insists that they act in compliance with PoFA2012, and that the grace period does not have to be stated but should be at least 10 minutes.

Nevertheless, as a gesture of goodwill in this instance we have instructed them to cancel this charge.

I trust this is a satisfactory outcome.

pencilpot1

Thank you to everyone who posted comments you really are legends! You need a buy me a beer link on here or something!

I as others I'm sure appreciate your help and assistance.

Coupon-mad

pencilpot1 said:

Land owner update..

Not confirmed by High view yet though.

Dear 

Thank you for your reply.

The parking company insists that they act in compliance with PoFA2012, and that the grace period does not have to be stated but should be at least 10 minutes.

Nevertheless, as a gesture of goodwill in this instance we have instructed them to cancel this charge.

I trust this is a satisfactory outcome.

Nicely done!

Please could you post about this, what you put in your complaint and who to contact, in the SUCCESSFUL COMPLAINTS ABOUT PPCS thread, to help others at Waterfields in future?