IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
PCN & POFA re lease car in Scotland
josefeen
Posts: 4 Newbie
Hello lovely people!
I have received a PCN from Highview Parking, for staying too long at a Tesco car park. (I can provide more detail on this, but my questions relate to other things for now.)
First, the details:
-- Date of incident: 28.05.18
-- Date of notice: 24.07.18 (although I didn't receive it till 27.07)
-- I do not own the car, but instead lease it from Volkswagen - so they are the registered keepers.
(I would attach images of the PCN and accompanying letter from Tesco, but not sure how!)
My questions are:
1. Since POFA only applies to England and Wales, and I live in Scotland (and the incident took place in Scotland), can I cite sections 13 & 14 of schedule 4 as grounds for contesting the charge?
2. If not, what should I do - since the advice is not to ignore the letters if you are leasing the car?
3. Since it's important not to admit to the identity of the driver, should I complain to Tesco, or does that get tricky when you're trying to walk that fine line?
I promise faithfully that I have read and re-read the Newbies thread, followed various links, studied the POFA text, and generally tried to answer my own questions without having to take up anyone's valuable time. Apologies if I have missed something, but POFA is the thing that really keeps tripping me up.
For now I have done nothing, but I should probably contact VW to see if, and when, they provided HV with any documentation. Does that even matter if POFA doesn't apply here though??
Any advice would be much appreciated.
I have received a PCN from Highview Parking, for staying too long at a Tesco car park. (I can provide more detail on this, but my questions relate to other things for now.)
First, the details:
-- Date of incident: 28.05.18
-- Date of notice: 24.07.18 (although I didn't receive it till 27.07)
-- I do not own the car, but instead lease it from Volkswagen - so they are the registered keepers.
(I would attach images of the PCN and accompanying letter from Tesco, but not sure how!)
My questions are:
1. Since POFA only applies to England and Wales, and I live in Scotland (and the incident took place in Scotland), can I cite sections 13 & 14 of schedule 4 as grounds for contesting the charge?
2. If not, what should I do - since the advice is not to ignore the letters if you are leasing the car?
3. Since it's important not to admit to the identity of the driver, should I complain to Tesco, or does that get tricky when you're trying to walk that fine line?
I promise faithfully that I have read and re-read the Newbies thread, followed various links, studied the POFA text, and generally tried to answer my own questions without having to take up anyone's valuable time. Apologies if I have missed something, but POFA is the thing that really keeps tripping me up.
For now I have done nothing, but I should probably contact VW to see if, and when, they provided HV with any documentation. Does that even matter if POFA doesn't apply here though??
Any advice would be much appreciated.
0
Comments
-
you should appeal as KEEPER/LESSEE using the edna basher template as the basis for the appeal
also you should make sure you have added that POFA2012 does not apply in Scotland so there is no keeper liability whatsoever
1) in contesting the charge you are stating that as lessee you are not liable as they can only pursue the driver who shall not be named (as POFA2012 does not apply)
2) use the edna basher template and adapt it accordingly
3) NEVER tell anyone who was driving, not even your dog
any tesco complaint will be as a patron of the store , plenty of people shop in supermarkets but havent driven there , including people ferried by taxi
ideally you provide proof of patronage of the store and insist they cancel the HV pcn0 -
Hello Redx!
Apologies for the delay in responding; my crazy life got the better of me there. Thank you so much for the clear (and prompt) feedback—I have just filed my appeal online via Highview's portal, using the following text. I did have to edit the Edna Basher template quite a bit, since most of it relates to POFA, but I think this covers your points above:I appeal and dispute this ‘parking charge’, as the keeper of the vehicle. I deny any liability.
You are no doubt familiar with the Protection of Freedoms Act 2012, and that it does not apply in Scotland. Therefore there is no keeper liability whatsoever—you can only pursue the driver, but there will be no admissions as to who was driving and no assumptions can be drawn.
Given that Highview has no right to keeper liability in this case, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with a unique POPLA appeal reference so that I may escalate the matter via the independent adjudication service.
Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.
We shall see what they say...0 -
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
And sure enough...
Dear Madam,
Thank you for your correspondence relating to your Parking Charge Notice (PCN).
Further to your representations, we have investigated your claims and can confirm that your Notice has subsequently been cancelled in full and no further action will be taken.
Yours faithfully,
Highview Parking Limited
Result! Thank you so much, MSE Forums! =D0 -
Haha course they did! Well done for taking that leap of faith with us!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Hello Redx!
Apologies for the delay in responding; my crazy life got the better of me there. Thank you so much for the clear (and prompt) feedback—I have just filed my appeal online via Highview's portal, using the following text. I did have to edit the Edna Basher template quite a bit, since most of it relates to POFA, but I think this covers your points above:I appeal and dispute this ‘parking charge’, as the keeper of the vehicle. I deny any liability.
You are no doubt familiar with the Protection of Freedoms Act 2012, and that it does not apply in Scotland. Therefore there is no keeper liability whatsoever—you can only pursue the driver, but there will be no admissions as to who was driving and no assumptions can be drawn.
Given that Highview has no right to keeper liability in this case, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with a unique POPLA appeal reference so that I may escalate the matter via the independent adjudication service.
Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.
We shall see what they say...
Is this what you sent HV? Near exact circumstances happened to a friend who is wondering if they can contest?0 -
The OP has not visited the forum since their last post in August last year, so you can either: -
a) send a PM to the OP or
b) read the NEWBIE thread where it answers all your questions and then start your own thread0 -
Highview are so easy to beat it is laughable.Is this what you sent HV? Near exact circumstances happened to a friend who is wondering if they can contest?
No need to post on old threads.
Read the NEWBIES thread, and use the template, even if the case is in Scotland.
NO LINK NEEDED - SEE MY SIGNATURE.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Hi folks! I did post on 27 Aug that Highview had replied cancelling the notice (you'll see the wording on their letter if you look further up the thread here).
Personally, although I understand why the more experienced posters say just to read the newbies thread, I felt that it didn't actually answer all my questions, and I had to do a bit of research on a few different threads to feel comfortable that I was working from advice that fit my circumstances. I then adapted a popular template to suit.
So yes, if your friend is in almost exactly the same situation, go ahead and use my adaptation and hopefully that should sort things out for them! =D0 -
Apologies, I'm not sure how to access the Newbie thread. Can you please advise ? Thanks0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards