Lease Car PCN Issue

Shadoman · 18 September 2018 at 9:19AM

Hi All,
I could really do with some advice. I have read through the newbies thread but am not sure how to proceed. I have received a few PCN's now from Highview Parking for overstaying in a car park.

My car is leased and the lease is registered under a family members business. So the lease company has been providing his name to Highview who are pursuing him.

Should my family member do as per the instruction and pass on the PCN to me and I appeal the PCN as per the standard template?

Would appreciate any guidance/help as I am really stressed about this.

Shadoman · 18 September 2018 at 6:05PM

Hi, Ive edited my post to simplify it. Can someone offer any advice?

Edna_Basher · 18 September 2018 at 8:10PM

If your family member is willing to help, the best way to get each PCN cancelled is for him to "appeal" as the vehicle's lessee / hirer.

There's some suggested wording for a hirer "appeal" in post #1 of the NEWBIES thread (towards the end). He can do this through Highview's web portal - a separate "appeal" for each PCN - so long as these PCNs are not more than 28 days old.

Highview don't even attempt to hold keepers / hirers liable and a standard "appeal" usually results in the PCN being cancelled within days if not hours.

Shadoman · 18 September 2018 at 8:28PM

Thanks for this Edna, I think when I was going through the newbie posts I saw a letter that you sent as a hirer that was successful if I'm not mistaken?
Does it matter that we didn't appeal the first few PCNs?

Coupon-mad · 18 September 2018 at 8:31PM

It does matter. Get them all cancelled.

The hirer/lessee business should appeal the older PCNs now as well, never too late even if the business has to post a letter version for those where the appeals system might not be available.

Highview will likely fold.

The business appellant obviously DOES NOT choose the option that they were the driver, they choose the other one online.

Shadoman · 18 September 2018 at 8:53PM

Thanks! I had no idea that they could be appealed after they've been paid for. I am also pursuing the gym to have any new PCN's cancelled. Should I not bother or continue on both fronts?

Coupon-mad · 18 September 2018 at 9:01PM

I had no idea that they could be appealed after they've been paid for.

Gaaahh, didn't see that, what madness is this?

PAYING Highview who would have folded with one email? How sad.

No chance with those then.

Grrrr. How did you not suss it's a scam that's easy to beat...so sad to read someone actually paid a huge & silly sum of money for no reason at all.

Shadoman · 18 September 2018 at 9:15PM

Tell me about it. Id never been issued with a PCN before in my life so just innocently paid them. Never again

But even now, it could be a drop in the ocean compared to how many may turn up.
So, am I still right in thinking that any more PCN's I get I should just appeal them and it wont go against me that we paid for the first few?

Coupon-mad · 18 September 2018 at 10:13PM

It will not go against you that you were mugged before you came here, no.

Highview are the easiest one to appeal, and they will fold each time. Just do not choose the appeal box option that says 'I was the driver' (of course not!)

Shadoman · 18 September 2018 at 10:25PM

Thanks! Im going to send the following. I actually reviewed the signage and the minimum stay is different between signs. Is that worth mentioning?:

Re PCN number:

I appeal and dispute your 'parking charge', as the lessee of the vehicle. I deny any liability. I therefore request that you cancel this PCN with immediate effect.
Subsequently I request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established inParkingEye Ltd v Beavis, which is fully distinguished.

Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.
I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Highview has no reason to contact LEASE COMPANY again regarding this PCN.
Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

I will be making a formal complaint about your conduct to your client landowner, as well as complaining in writing to my MP.

Formal note:

Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.

Yours faithfully,

Coupon-mad · 18 September 2018 at 10:35PM

I actually reviewed the signage and the minimum stay is different between signs. Is that worth mentioning?

No, just use that template for each and every PCN.

Let the signage stay wrong, it might help another victim in future, at POPLA, if they appeal on signage, and never come here to learn how tho kill it by appealing as keeper.

Lease Car PCN Issue

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