PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

PCN from Highview, is it over 14 days?
ninthtoe
post Mon, 25 Jun 2018 - 13:23
Post #1


Member


Group: Members
Posts: 15
Joined: 16 Jun 2014
Member No.: 71,317



Hi as registered keeper I just received a "charge notice" from Highview Parking for Cannon park shopping ctr, Coventry
Stay was 3hrs 26 mins, maximum is 3 hours
Date of notice is 19/6/2018 date of stay was 9/6/2016
My question. I received the notice today Monday in the post (25/6/18) which is 16 days after the "offence" but the letter states 19/06/18 (last tuesday) as date of notice, but clearly wasnt posted then. No date on envelope, but sent 2nd class royal mail
Is my best appeal to state that this has taken 16 days to arrive
Thanks
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 7)
Advertisement
post Mon, 25 Jun 2018 - 13:23
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Mon, 25 Jun 2018 - 13:30
Post #2


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



They do not seek 'keeper liability' under Protection of Freedoms Act.

So, being over 14 days does not invalidate the charge but means they can only pursue the driver.

The keeper is under no obligation to name the driver and therefore has no liability...


--------------------
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.
Go to the top of the page
 
+Quote Post
peterguk
post Mon, 25 Jun 2018 - 13:31
Post #3


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



QUOTE (ninthtoe @ Mon, 25 Jun 2018 - 14:23) *
Hi as registered keeper I just received a "charge notice" from Highview Parking for Cannon park shopping ctr, Coventry
Stay was 3hrs 26 mins, maximum is 3 hours
Date of notice is 19/6/2018 date of stay was 9/6/2016
My question. I received the notice today Monday in the post (25/6/18) which is 16 days after the "offence" but the letter states 19/06/18 (last tuesday) as date of notice, but clearly wasnt posted then. No date on envelope, but sent 2nd class royal mail
Is my best appeal to state that this has taken 16 days to arrive
Thanks

This is not a Notice of Intended Prosecution so forget the 14 days.


--------------------
Go to the top of the page
 
+Quote Post
Jlc
post Mon, 25 Jun 2018 - 13:38
Post #4


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



QUOTE (peterguk @ Mon, 25 Jun 2018 - 14:31) *
This is not a Notice of Intended Prosecution so forget the 14 days.

True but 14 days is mandated in the Protection of Freedoms Act... (IF they were seeking keeper liability)


--------------------
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.
Go to the top of the page
 
+Quote Post
ninthtoe
post Tue, 26 Jun 2018 - 09:07
Post #5


Member


Group: Members
Posts: 15
Joined: 16 Jun 2014
Member No.: 71,317



Thanks all, so whats best advise for the keepers response?
Go to the top of the page
 
+Quote Post
Jlc
post Tue, 26 Jun 2018 - 09:16
Post #6


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



Simply that they've written to the keeper without using or complying with the Protection of Freedoms Act.

The keeper has no requirement to name the driver, therefore there is no liability.

Either cancel the charge or provide a POPLA code for them to cancel it at their cost...

Some wording here. (But draft any response here first)


--------------------
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.
Go to the top of the page
 
+Quote Post
ManxRed
post Tue, 26 Jun 2018 - 09:17
Post #7


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992



Dear Parking Parasites,

Re: Charge Notice ref number xxxxxxxxx

I have received your charge notice, and can confirm that I am the Registered Keeper of the vehicle XXX 1234.

I note that you have not met the conditions laid down in Schedule 4 of the Protection of Freedoms Act 2012, and as such cannot hold me liable for any alleged charges for which you believe the driver may be liable. I am aware that there is no legal obligation to name the driver, and on this occasion I will not be doing so.

I am perfectly aware of the lack of relevance of CPS v APH Films, or Elliott v Loake, in the context of any attempt to assume I was driving the vehicle at the time of the incident.

The matter is therefore closed. Do not write to me again, other than to confirm that you have cancelled the above referenced 'charge'.

Yours lovingly,

This post has been edited by ManxRed: Tue, 26 Jun 2018 - 09:18


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Tue, 26 Jun 2018 - 12:46
Post #8


Member


Group: Members
Posts: 18,751
Joined: 20 Sep 2009
Member No.: 32,130



Either that version or the template appeal from this MSE thread, will cause Highview to give up first try:

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

They are the easiest PPC to beat. I'd happily collect PCNs from them so you chose the car park well!
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 18:34
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here