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Another Highview parking ANPr ticket at Asda., Parking too long in Asda.
A75
post Sat, 7 Jul 2018 - 14:44
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Hi all.

Please see attached letter. You may recall my other post for the same place and company.

That one was appealed successfully with the response below. Would it be safe to assume this one can be appealed under the same grounds with the same response?


"Dear Sirs,

I am the keeper of vehicle XXX XXX responding to your Parking Charge Notice XXXXXXX. The PCN fails to comply with the requirements of Schedule 4 of The Protection of Freedoms Act 2012, namely, but not limited to, 9 (2) (f), failing to give the keeper notice of possible liability. I can not have any liability in this matter. I have no requirement in law to provide details of the driver at the time of the event and will not be doing so. I do not expect to hear from you again, other than to confirm that there will be no further action"

The letter is conveniently dated exactly two weeks after the parking, though It was received today. sleep.gif
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post Sat, 7 Jul 2018 - 14:44
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ostell
post Sat, 7 Jul 2018 - 14:59
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It may be dated 2 weeks after the parking but the relevant time is delivered within 14 days so if it was posted on day 14 then it could not have been delivered within 14 days.

(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.

You hid the date of posting but if it was posted Thurday then it is presumed delivered on Monday, some 4 days later. Similarly a Friday posting is not presumed delivered till Tuesday, again 4 days later. I would prefer to name the time as the main factor in your BOGOFF letter. And ask that as there is no further liability then your personal data is removed from your files as required under GDPR

This post has been edited by ostell: Sat, 7 Jul 2018 - 15:01
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Jlc
post Sat, 7 Jul 2018 - 15:00
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Yes.


--------------------
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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A75
post Sat, 7 Jul 2018 - 15:05
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Hi, the day of notice is the 29th of June. Which is 14 exactly (unless I can't count!!).

I have no issue with adding that to the template in my OP if it will help the appeal. Ive read on parking cowboys that there is an assumed 2 working days between sending and the letter being delivered?

Thanks

This post has been edited by A75: Sat, 7 Jul 2018 - 15:10
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SchoolRunMum
post Sat, 7 Jul 2018 - 19:09
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Honestly none of this matters (especially the date! It's a non POFA PCN so why pore over the deadline in the POFA that doesn't apply?!).

It's Highview, use the MSE template and they'll cancel:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

I promise.



QUOTE
Ive read on parking cowboys that there is an assumed 2 working days between sending and the letter being delivered?


Nothing useful on ParkingCowboys, give that website and the links there a wide berth.
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A75
post Sat, 7 Jul 2018 - 19:17
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QUOTE (SchoolRunMum @ Sat, 7 Jul 2018 - 20:09) *
Honestly none of this matters (especially the date! It's a non POFA PCN so why pore over the deadline in the POFA that doesn't apply?!).

It's Highview, use the MSE template and they'll cancel:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

I promise.



QUOTE
Ive read on parking cowboys that there is an assumed 2 working days between sending and the letter being delivered?


Nothing useful on ParkingCowboys, give that website and the links there a wide berth.



Thanks. Would be worth using the appeal written in my OP? I've used that with the last PCN from the same company and that was cancelled successfully or is the MSE template better to use
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A75
post Sat, 7 Jul 2018 - 20:44
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Schoolrunmum, just read through the MSE forums and I get what you mean. I will copy the template as is and appeal. I'm assuming there no need to post it here...

Will update once I hear back from highview.

Thanks again.
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SchoolRunMum
post Sat, 7 Jul 2018 - 21:18
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No need to post it here, just report back when it wins like this person did:

https://forums.moneysavingexpert.com/showth...d.php?t=5865458

With Highview it's best to use the MSE template as they seem to have instructed their minimum wage appeal staff/students to cancel those ones.
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A75
post Sun, 8 Jul 2018 - 12:59
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So, couldn't beat the record but think I came close at 3.5hrs:

"Dear Sir/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."

Thanks again for the help!!

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