Highview parking Robin Park, Wigan - Notice cancelled. Options

[Suzuka]

Hi all, just returned from working away, to this trio of invoices. What is the best course to take? Today seems to be the last day before legal action? Apparently it was a match day, though it seems the driver wasn't aware.








This post has been edited by Suzuka: Fri, 25 Jan 2019 - 19:31

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[nosferatu1001]

Oh gods, its highview

IT istn the last day before legaol aciton, just the last day to appeal no doubt


Oh lol, not even that. Issue date of 07.01 so well within the deadline to appeal

Jsut bang in the MSE FORUM -> NEWBIES THREAD -> *BLUE* appeal to higview, three times, and you should get a cancellation.

[Suzuka]

Thanks for the quick reply. Should I email it to their enquiries address or use the appeals page?

[nosferatu1001]

You follow exactly how they tell you to appeal, making careful note of any drop down boxes, and if using forms taking screenshotss as you go so you can prove you when and what you submitted.

[HappyHarry]

One is 7 January but the other two are older. Appeal on that one today.

Nosferatu - what’s your advice for the other two? And are they allowed to only give a 14 day appeal window?
HH

This post has been edited by HappyHarry: Mon, 21 Jan 2019 - 17:23

[Suzuka]

They are all concerning the same 'incident', I haven't done anything about it yet as I've just arrived back in the UK! Shall I submit the appeal in the further information box or appeal evidence? Sorry for the simple questions, I want to get it right first time

[HappyHarry]

So sorry Suzuka, I misread the attachment. Completely ignore me and follow Nosferatu’s advice, though I’m not sure he’s read the attachments correctly either.

Can some of the experts please give your views.

Thank you,
HH

[Suzuka]

No problem HH . I'll hang on for a while just to clarify the right course of action. I like Highview's style though, nothing whatsoever to differentiate between a matchday/ non matchday. Whoever was driving must have forgot their crystal ball.

[ostell]

The first one fails to comply with the requirements of POFA to be able to hold the keeper liable.

I have presumed that you were out of the country


Dear Sirs,

I have just returned from an extended period out of the country and have had sight of your Notice to Keeper xxxxx for vehicle VRM xxxx and the letters that followed.

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


They are then on warning that it is pointless taking it further and may persuade them that you were not the driver and therefore doubly pointless.

This post has been edited by ostell: Mon, 21 Jan 2019 - 18:12

[Suzuka]

Thank you for that ostell. Which box should I put it in on the appeals page? Or just email it to the address on their page?

[ostell]

I'm not familiar with their web page but you can do it either way, just make sure you have a record of sending it

[Suzuka]

I wrote it in the ' further information' field. I have a screenshot of the page, and took a photo for good measure. Thanks for the help everyone, I'll update when I get a response.

[nosferatu1001]

The ones in time - appeal as normal
If their appeals page lets you appeal for the ones out of time, do so, if not appeal va email or post (first class, free proof of posting Aat the post office) - post is last resort.

Highview wil likely cancel the ones in time, if they recieve the BLUE MSE template or Ostells one
If they do, great, if not then POPLA will tell them to cancel

For those out of time, see what happens. Its only Highview, they dont do court, and if the signs do not specify WHEN a matchday is, this has already been shown to be too ambiguous to form a binding term.

[ostell]

@Nosferatu It's all the same event.

[nosferatu1001]

Ah I hadnt spotted that
Still on a travel brain

SO its not a trio of invoices, its three invoices for the same event
WOudl have been good fo rtthe OP to state that....

SO just one appeal. Highview are laughable.

[Suzuka]

Sorry about that nosferatu. My brain is still in another timezone, should have made it clearer.

[Suzuka]

Thank you for your help everyone, PCN cancelled.

[cabbyman]

Brilliant! I honestly thought that this one may have needed a bit more. It just goes to show that the 'sensible' PPCs know when to cut theor losses.

Well done!

[Suzuka]

Thanks Cabbyman, I also thought it may have been a bit of a fight. I'm going to take some pics next time there's a home game, to show the complete lack of notification that it is indeed a match day. Hopefully be of use to anyone else falling foul of this.

Again, thanks all for your help.