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  • FIRST POST
    • jp1181
    • By jp1181 31st Jan 18, 11:59 AM
    • 47Posts
    • 4Thanks
    jp1181
    Highview Parking PCN by post 5mths+ after!
    • #1
    • 31st Jan 18, 11:59 AM
    Highview Parking PCN by post 5mths+ after! 31st Jan 18 at 11:59 AM
    Received a PCN from Highview Parking for the driver staying over the 3hr limit at a retail park. The date of the supposed 'offence' was 6th August 2017.
    Received the PCN today 26th January 2018 - nearly 6 months afterwards! Do this need payings? Does it need to acknowledging?

    This was not in a pay and display carpark, but rather one where they use ANPR to track drivers coming into and leaving the carpark.

    I've tried reading through all the posts here about private PCNs and have some mentions of a 14 day limit in which parking companies have to issue PCNs - is this correct? does the fact this has been sent so long after the incident mean it is invalid?

    Thanks!
    Last edited by jp1181; 05-02-2018 at 2:05 PM.
Page 1
    • pogofish
    • By pogofish 31st Jan 18, 12:17 PM
    • 8,484 Posts
    • 8,797 Thanks
    pogofish
    • #2
    • 31st Jan 18, 12:17 PM
    • #2
    • 31st Jan 18, 12:17 PM
    Stop thinking in terms of 'validity' - this concept barely applies in private parking. You are in cowboy territory!

    Have you read the Newbies Sticky yet?
    This lays out everything and what to do and when.

    If they took this long to send you an NTK, then your chances of getting shot of it easily are very good but you need to be very clear about where in the chain you are and just what letter it is.
    • Quentin
    • By Quentin 31st Jan 18, 12:24 PM
    • 35,594 Posts
    • 19,809 Thanks
    Quentin
    • #3
    • 31st Jan 18, 12:24 PM
    • #3
    • 31st Jan 18, 12:24 PM
    Throughout here the advice is to never reveal who was driving.


    You need to edit your OP to remove details of who was driving - refer to "the driver" stayed over etc


    The ppcs monitor this forum and can use your posts against you
    • The Deep
    • By The Deep 31st Jan 18, 12:28 PM
    • 9,204 Posts
    • 8,968 Thanks
    The Deep
    • #4
    • 31st Jan 18, 12:28 PM
    • #4
    • 31st Jan 18, 12:28 PM
    Read Schedule 4 of The Protection of Freedoms Act.

    http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
    You never know how far you can go until you go too far.
    • Ralph-y
    • By Ralph-y 31st Jan 18, 12:42 PM
    • 2,606 Posts
    • 3,262 Thanks
    Ralph-y
    • #5
    • 31st Jan 18, 12:42 PM
    • #5
    • 31st Jan 18, 12:42 PM
    as above ....

    plus . search the forum for 'golden ticket' ...... it will help

    Ralph
    • jp1181
    • By jp1181 3rd Feb 18, 10:58 PM
    • 47 Posts
    • 4 Thanks
    jp1181
    • #6
    • 3rd Feb 18, 10:58 PM
    • #6
    • 3rd Feb 18, 10:58 PM
    Thanks for the replies, I'm trying to read through all the info on this and Golden Tickets, POPLA etcm but I'm getting a bit confused! Also I said in my initial post that it was a Parking Eye PCN, infact it's from 'Highview Parking'

    caThere's no mention at all of Protection of Freedoms Act 2012 anywhere on the document. There is only an section on how to make an appeal, which says if the appeal is rejected, they will provide a 'full details of how to appeal your notice through POPLA'.

    Can a kind soul point me in the direction of a template I can use for my appeal? thank you.
    • Quentin
    • By Quentin 3rd Feb 18, 11:02 PM
    • 35,594 Posts
    • 19,809 Thanks
    Quentin
    • #7
    • 3rd Feb 18, 11:02 PM
    • #7
    • 3rd Feb 18, 11:02 PM
    The newbies faq has an appeal template to copy and paste
    • jp1181
    • By jp1181 3rd Feb 18, 11:11 PM
    • 47 Posts
    • 4 Thanks
    jp1181
    • #8
    • 3rd Feb 18, 11:11 PM
    • #8
    • 3rd Feb 18, 11:11 PM
    thanks, but the template I see there makes no mention of POFA2012? isn't that the main thrust of my case?
    • KeithP
    • By KeithP 3rd Feb 18, 11:22 PM
    • 7,184 Posts
    • 6,665 Thanks
    KeithP
    • #9
    • 3rd Feb 18, 11:22 PM
    • #9
    • 3rd Feb 18, 11:22 PM
    Just send the appeal template as it is. No changes needed.
    .
    • Quentin
    • By Quentin 3rd Feb 18, 11:24 PM
    • 35,594 Posts
    • 19,809 Thanks
    Quentin
    Assuming you have not yet appealed, that letter is designed to get you a popla appeal code
    • jp1181
    • By jp1181 3rd Feb 18, 11:32 PM
    • 47 Posts
    • 4 Thanks
    jp1181
    OK, thanks I've submitted the template with an addition about POFA2012 I found on another thread as below:

    "
    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    Furthermore, as the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.

    Therefore, there will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than 250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,

    "

    hopefully that will work
    • KeithP
    • By KeithP 3rd Feb 18, 11:36 PM
    • 7,184 Posts
    • 6,665 Thanks
    KeithP
    I said in my initial post that it was a Parking Eye PCN, infact it's from 'Highview Parking'.
    Originally posted by jp1181
    Can you please edit your thread title to reflect this?
    .
    • Redx
    • By Redx 3rd Feb 18, 11:59 PM
    • 18,114 Posts
    • 22,902 Thanks
    Redx
    post #1 needs the same edit too
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 4th Feb 18, 12:06 AM
    • 57,436 Posts
    • 71,029 Thanks
    Coupon-mad
    OK, thanks I've submitted the template with an addition about POFA2012 I found on another thread as below:

    "
    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    Furthermore, as the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.

    Therefore, there will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than 250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.



    hopefully that will work
    Originally posted by jp1181
    Yes that's fine, you might even get a Sunday cancellation email if Highview spot it soon.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • jp1181
    • By jp1181 13th Feb 18, 9:48 AM
    • 47 Posts
    • 4 Thanks
    jp1181
    Not heard anything back since the initial appeal after 10 days... here's hoping they've just got a backlog.
    • pappa golf
    • By pappa golf 13th Feb 18, 9:56 AM
    • 8,706 Posts
    • 9,307 Thanks
    pappa golf
    Not heard anything back since the initial appeal after 10 days... here's hoping they've just got a backlog.
    Originally posted by jp1181

    probably a 5 mth backlog
    Save a Rachael

    buy a share in crapita
    • Coupon-mad
    • By Coupon-mad 13th Feb 18, 12:21 PM
    • 57,436 Posts
    • 71,029 Thanks
    Coupon-mad
    Not heard anything back since the initial appeal after 10 days... here's hoping they've just got a backlog.
    Originally posted by jp1181
    They have, as you will have sen on the other Highview thread on page one here, just cancelled.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • jp1181
    • By jp1181 13th Feb 18, 1:24 PM
    • 47 Posts
    • 4 Thanks
    jp1181
    And so it came to pass, email just received with cancellation in full! Thanks to everyone here who gave advice - you're all great!
    • The Deep
    • By The Deep 13th Feb 18, 2:41 PM
    • 9,204 Posts
    • 8,968 Thanks
    The Deep
    They have wasted your time, so now waste a bit of theirs, watch this, and complain to your MP.


    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
    You never know how far you can go until you go too far.
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