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Highview Parking PCN Robin Park Wigan HELP
Alex1801
post Wed, 7 Nov 2018 - 18:17
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Hi everyone,

This is my first post on here and I'm really hoping someone can help. I've searched online on various other websites in search of a solution to my PCN with Highview Parking problem, but I just don't know what information to trust. I apologise if this has been mentioned somewhere on this site but I couldn't seem to find any posts similar to mine.

To summarise my situation...

I visited Robin Park Retail Park in Wigan a few weeks ago with friends. Whilst we were there, we went into a few shops and then into Costa for a gossip and a coffee. Anyway, a few weeks later I received a very unwelcome PCN through the door from Highview Parking. (As did my friend who also drove) The retail park is near DW stadium and apparently on match days you are only allowed to park for 2 hours. On a normal day you can park for 4 hours. Anyway, it was a Tuesday afternoon (1pm), no match day signs in site, no stewards or anything around to suggest it was a match day and I really don't care for football so how would I know it was a match day? Having researched after receiving this fine I then realised it was a match day but the match was later on that night, not in the afternoon. I had left hours before the match was even due to start.

As a result of this I appealed on the website which was stated on the PCN. I first appealed on the 29/09/18 and was told it was put on hold why they reviewed my appeal. The next email I received from them (with spelling errors on the emails which infuriates me to begin with) was on the 17/10/18. They basically just asked me to forward them the full name and address of the driver at the time. I did think this was a strange question at the time as they already had my details to send me the PCN in the post anyway. But they told me they would put it on hold for a further 14 days to allow me to provide this information. In fear, I then replied with this information on the 28/10/2018 and received a confirmation email back saying that it has been received, put on hold and someone will get back to me within 14 days and no longer than 35 days. I haven't heard anything back yet but yesterday( 06/11/18) they sent me another letter through the post saying that my fine has been increased. My friend has also received the same letter at the same time which makes me think that it is just an automated letter trying to scare us to pay, as technically I'm still in the appeal process so I shouldn't have even received this yet as I had been told it was on hold. I thought about ringing them today but I read in a different thread that you should never phone them, always via email. So I wanted to post on here before I take any further action.

Has anyone come across this before? I have no knowledge of parking fines and I really don't want anything bad credit wise to go against my name. I would truly appreciate any help anyone can give me.

Thank you.
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post Wed, 7 Nov 2018 - 18:17
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Jlc
post Wed, 7 Nov 2018 - 18:24
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You’ve fallen into their trap - you should never give them the driver’s name.

As they don’t comply with the Protection of Freedoms Act to pursue the keeper they now have the missing piece of information.

Normally these are the easiest company to beat at POPLA but that’s now compromised.

Although, having said that they don’t issue court claims and your credit record will not be marked. Ignore the inevitable rejection unless in the unlikely event they issue a letter before claim or an actual claim.

Without any clear indication of ‘match days’ you have a good case anyway.

Do not ring them or contact them unless advised so here.

This post has been edited by Jlc: Wed, 7 Nov 2018 - 18:27


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Alex1801
post Sun, 11 Nov 2018 - 19:45
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QUOTE (Jlc @ Wed, 7 Nov 2018 - 18:24) *
You’ve fallen into their trap - you should never give them the driver’s name.

As they don’t comply with the Protection of Freedoms Act to pursue the keeper they now have the missing piece of information.

Normally these are the easiest company to beat at POPLA but that’s now compromised.

Although, having said that they don’t issue court claims and your credit record will not be marked. Ignore the inevitable rejection unless in the unlikely event they issue a letter before claim or an actual claim.

Without any clear indication of ‘match days’ you have a good case anyway.

Do not ring them or contact them unless advised so here.



Thank you for replying. I know I really wish I hadn't have given them my name and address now, I just assumed because they had sent the notice to my house with my name on that it wouldn't do any harm.

I haven't rang them. Should I just completely ignore it then?
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ostell
post Sun, 11 Nov 2018 - 20:41
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They knew your name and address as the keeper as they got the details from the DVLA.

If you haven't heard from them about your appeal for 35 days then you write to them stating that they have failed to contact you with the results of your appeal within the 35 days required by the BPA Code of Practise and you are therefore entitled to consider that your appeal has been accepted. You therefore do not expect to hear from them again other than to confirm that there will be no further action taken.

For possible future use see if you can get a copy of those signs.

This post has been edited by ostell: Sun, 11 Nov 2018 - 20:48
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SchoolRunMum
post Sun, 11 Nov 2018 - 21:14
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Next time, come here first. You could have beaten them in one week flat, with one email.

Anyway, luckily it is only Highview and only idiots and naive victims (none of whom are on this forum) would pay them. Surely the rejection letter has given you a POPLA code?
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Alex1801
post Mon, 12 Nov 2018 - 19:42
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QUOTE (ostell @ Sun, 11 Nov 2018 - 20:41) *
They knew your name and address as the keeper as they got the details from the DVLA.

If you haven't heard from them about your appeal for 35 days then you write to them stating that they have failed to contact you with the results of your appeal within the 35 days required by the BPA Code of Practise and you are therefore entitled to consider that your appeal has been accepted. You therefore do not expect to hear from them again other than to confirm that there will be no further action taken.

For possible future use see if you can get a copy of those signs.


I know, I just thought as I am the owner of the car they would be able to charge me anyway. I'm not used to parking fines/notices so I'm clueless with these situations. Yeah, still no further email or anything from them. It just infuriates me how they can suddenly send me a letter saying that my fine has increased when they haven't even sent me anything to say my appeal has been denied. Cowboy company.

Thank you for replying.

QUOTE (SchoolRunMum @ Sun, 11 Nov 2018 - 21:14) *
Next time, come here first. You could have beaten them in one week flat, with one email.

Anyway, luckily it is only Highview and only idiots and naive victims (none of whom are on this forum) would pay them. Surely the rejection letter has given you a POPLA code?


I know I will do. I didn't even know about this website until a work friend told me when I explained my situation to her. I haven't even received a rejection letter. Technically i'm still in the appeal process as I haven't received anything saying my appeal is denied, the last correspondence from them actually said it was on hold. Then they sent me an automated letter in the post saying my fine had increased. My friend received the same PCN as we both visited the retail park at the same time. Her appeal was immediately denied but mine wasn't, they just emailed me asking for some details and said it was on hold whilst they considered it again. But we both received the fine increase letter on the same day which makes me think they just send automated letters out at specific times to try and get you to pay up.
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ostell
post Mon, 12 Nov 2018 - 22:43
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Does post #4 apply ?
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SchoolRunMum
post Mon, 12 Nov 2018 - 22:52
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QUOTE
we both received the fine increase letter on the same day


It's not a fine and it has not increased and will not increase. It is a scam and the sum to pay is zero.
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Alex1801
post Wed, 21 Nov 2018 - 20:46
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So I have finally received a rejection to my appeal and have been given a POPLA reference number. On the rejection letter is says...

"Clear signs at the entrance of this site and throughout inform drivers of the terms and conditions that apply there, and it is clearly advertised with it is an Event/ Match day and the restrictions that apply. The fact that you were unaware of the restrictions that are in place is not considered a mitigating circumstance for appeal."

However, this isn't the case. Yes the car park states on small notices that on match days there is a 2 hour parking limit, however there were not signs around at all suggesting that the day I visited there was a match day. To add to this, they sent me a letter on the 1st of November saying that my fine had increased as I hadn't paid up yet... but I had appealed and was told it was on hold. Surely them sending me another letter when I'm actually in an appeal process shows how incompetent they are and that they are just trying to use scare tactics.

Any tips on how to appeal to POPLA? I don't want to get this bit wrong.

Thanks.
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SchoolRunMum
post Wed, 21 Nov 2018 - 21:05
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https://forums.moneysavingexpert.com/showth...d.php?t=4816822

3rd post has the template POPLA points.

I can't think of any Highview POPLA appeal examples to show you, because no-one has to go to that stage on either forum, because normally, no-one blabs about being the driver.
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nosferatu1001
post Thu, 22 Nov 2018 - 08:57
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You will need to major on the fact tat they cannot just say "match / event days" and expect you to KNOW it is a match or event day.
That is insufficient signage.
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