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Highview Norwich Parking Notice 3.5 months after the event

This is my first post on here....I sometimes find the appeals process and the expertise some of you have a little overwhelming....so do be kind!

I received a parking charge from Highview for Riverside Norwich - I parked there on the 9th August and got the letter on the 22nd Nov! I know someone else asked today, on the other Norwich thread, about the 14 day notice period and I have looked at the sticky thread but I just don't see a clear answer to it!

Are they in breach of anything, notifying me this late?

I have stupidly appealed via Highview online and also via Resolver and I have said who was driving. I didn't have time to do lots of research first, I just wanted to lodge my appeal. Don't judge...baby crying and hands full when I got the letter.

Any info or advice welcome.

TIA
«134

Comments

  • chubbzilla
    chubbzilla Posts: 13 Forumite
    edited 23 November 2017 at 4:01PM
    Hi Denise105,

    I had a similar situation recently with Highview Parking...waited 35min in a car park and got fined £95!. My appeal was rejected by Highview as well. Have they given you a POPLA code yet?

    Please see my post at hxxp://forums.moneysavingexpert.com/showthread.php?p=73421377#post73421377 (Mods could you activate my link?)

    On the basis the PCN didn't arrive in your hands within the 14-day period breaches the Protection of Freedom Acts (POFA) 2012 Schedule 4 legislation. Schedule 4, paragraph 9, sub-paragraphs 4-6. The Act states the following:

    9

    (4)The notice must be given by—

    (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

    (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

    (5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

    (6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

    Additionally, as confirmed by Coupon-Mad on the forum thread linked, Highview tickets are typically Non-POFA 2012 compliant, meaning that there is no mention of the Protection of Freedom Acts (POFA) 2012 and no mention of keeper liability. You can reject the PCN on that basis as well.

    Thanks,
  • KeithP
    KeithP Posts: 37,432
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    Here's the link to Chubbzilla's thread: http://forums.moneysavingexpert.com/showthread.php?p=73421377#post73421377


    But Chubbzilla, Denise105 has already admitted who was driving.

    So all that PoFA stuff about transferring liability to the keeper is irrelevant in her case.
  • Thank-you very much for such a useful and detailed reply re: the 14 days notice period. So it looks like I should be able to contest that if nothing else.
    I don't have a POPLA code yet as have only just appealed.
  • KeithP
    KeithP Posts: 37,432
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    edited 23 November 2017 at 8:23PM
    Denise105 wrote: »
    Thank-you very much for such a useful and detailed reply re: the 14 days notice period. So it looks like I should be able to contest that if nothing else.

    Sadly Denise, that is to do with transferring liability to the keeper.
    As you have already told them who the driver is, the fact that the NtK took more than fourteen days to reach you is unimportant.

    Wait patiently for your appeal to be rejected.
    This situation is probably salvageable at the PoPLA appeal stage.
  • KeithP wrote: »
    Sadly Denise, that is to do with transferring liability to the keeper.
    As you have already told them who the driver is, the fact that the NtK took more than fourteen days to reach you is unimportant.

    Wait patiently for your appeal to be rejected.
    This situation is probably salvageable at the PoPLA appeal stage.

    Thank-you.
    Under what grounds will I be able to appeal again then, at the next stage? If you don't mind me asking.
  • Sorry, one more question, if I get my appeal rejected (which I fully expect) outside the two week window in which i can pay the reduced fee, can I still pay that lower price?
  • Redx
    Redx Posts: 38,084
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    edited 23 November 2017 at 10:26PM
    Denise105 wrote: »
    Thank-you.
    Under what grounds will I be able to appeal again then, at the next stage? If you don't mind me asking.

    NO CONTRACT WITH LANDOWNER
    NO CONTRACT WITH DRIVER
    POOR AND INADEQUATE SIGNAGE
    BPA CoP failures (if any)
    not the same as BEAVIS

    had you stayed as keeper it was a slam dunk win due to HIGHVIEW having failed POFA2012 so spectacularly

    we have has maybe a dozen this week and similar PARKING EYE failures over the last few months

    you can see the points in post #23 here http://forums.moneysavingexpert.com/showthread.php?t=5747908&page=2 , but not 1) and 2) due to blabbing about being the driver
  • Ralph-y
    Ralph-y Posts: 4,563
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    "Thank-you.
    Under what grounds will I be able to appeal again then, at the next stage? If you don't mind me asking."

    there are lots ...

    you need to have a read through the newbies thread ....

    http://forums.moneysavingexpert.com/showthread.php?t=4816822

    "Sorry, one more question, if I get my appeal rejected (which I fully expect) outside the two week window in which i can pay the reduced fee, can I still pay that lower price?"

    forget the bribe and pay £0.00

    Highgate should be easy to beat at POPLA if you follow the forum advice

    good luck

    Ralph:cool:
  • had you stayed as keeper it was a slam dunk win due to HIGHVIEW having failed POFA2012 so spectacularly

    I am so annoyed with myself. I had no idea until I started looking into it. This is how they get people.

    Does it matter, that I haven't mentioned these issues in my original appeal?

    Thanks
  • Ralph-y - I have read through it but have found it pretty complex (and I am not stupid)!

    I will have to have another look when I hear back from Highview and look at my next move.
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