PCN from Highview, is it over 14 days? |
PCN from Highview, is it over 14 days? |
Mon, 25 Jun 2018 - 13:23
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#1
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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 |
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Mon, 25 Jun 2018 - 13:23
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Mon, 25 Jun 2018 - 13:30
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#2
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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. |
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Mon, 25 Jun 2018 - 13:31
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#3
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
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. -------------------- |
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Mon, 25 Jun 2018 - 13:38
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#4
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Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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. |
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Tue, 26 Jun 2018 - 09:07
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#5
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Member Group: Members Posts: 15 Joined: 16 Jun 2014 Member No.: 71,317 |
Thanks all, so whats best advise for the keepers response?
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Tue, 26 Jun 2018 - 09:16
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#6
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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. |
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Tue, 26 Jun 2018 - 09:17
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#7
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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.
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Tue, 26 Jun 2018 - 12:46
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#8
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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! |
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