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cocteau8
I received a PCN dated 25/09/15 which related to claimed unauthorised parking on 5/09/15. Having looked into the subject before doing anything I noted a 14 day deadline for Highview Parking, or companies such as them to issue notices, but this notice was clearly beyond that timescale. So, with no reference to the parking itself I contacted Highview, quoting the guidance (Department of Transport guidance on Section 56 and Schedule of of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges) and this 14 day deadline. They have now responded, saying: ' The PCN was issued and the signage is displayed in compliance with The British Parking Association's Approved Operator Scheme Code of Practice and all relevant laws and regulations. Contrary to the claim in your appeal, this PCN is not related in anyway to the legislation you quoted in your appeal and does not rely on it to remain valid'.

Are Highview correct? What should my next move be?

Thank you.
ManxRed
Did you state anywhere in your correspondence with them who was driving?

Please say you didn't.
cocteau8
Nope. Specifically said 'making no reference to any other aspects of the charge you are claiming'. Cheers
ManxRed
In that case maybe a short response telling them to take the matter up with the driver, end of correspondence?
The Rookie
It sounds like they are not seeking keeper liability (all PoFA does is make a Keeper liable for a charge the driver may have to pay if they follow certain requirements and the driver isn't named), so if the NtK was sent after 14 days it is no more or less valid that if it were sent earlier, however only the driver is liable, of course they have sent the NtK to you as the keeper so you should reply back thanking them politely for the notice and telling them to go find the driver.
cocteau8
So that's it, pure and simple? 'Thank you for your further correspondence. I suggest, therefore, that you trace the driver'? And on that basis there's nothing further to be done?

Out of curiosity, so is the 14 days quoted in the regulations a complete red herring to this?

Cheers
Albert Ross
No.

If no ticket was placed on a vehicle then they have 14 days to notify the keeper [If they are going to seek to transfer a liability]
The ticket that you received can be valid for chasing for six years, if you were driving.
If no ticket was placed on the windscreen and a notice arrives after 14 days then they can only chase the driver.

Thank them for clarifying that you have no liability and that although they haven't issued a POPLA Code it is now unnescessary.
The Rookie
Read the regulation, the 14 days ONLY apply if they seek to hold the keeper liable for the actions of the driver, if they don't THEN it is a red herring.

Whatever you tell them you can expect a barrage of begging letters from them and any tame debt collection agency, however you have put them on notice that you know what you are on about.

Ref: (insert PCN No.)

Dear Highview,
Thank you for the clarification that you are not seeking to hold the keeper liable, I suggest you now contact the driver at the time of the event and discuss the matter with them. I now consider the matter closed.

Yours Faithfully
Cocteau8 (keeper).

It is worth checking the NtK sent to see if it mentions keeper liability or PoFA in any way at all.
cocteau8
Thank you. Haven't got it with me at the moment, but will check on that and get back, but thanks also for the draft.
cocteau8
Have checked on the letter and attached a copy. Just refers to PoFA Code of Practice and only states that they're writing to me 'because either you were the registered keeper at the time of parking, or the registered keeper has named you as the driver at the date and time of the event.'

Cheers
cocteau8
Hopefully it's attached now!
emanresu
Removed - see below
nigelbb
Parking event was in Scotland & the RK has a Scottish address. There is no POFA & no keeper liability. Any hint in the notice that the RK might be responsible for the unpaid charge will be of interest to Trading Standards Scotland who are already prosecuting on PPC for just such a fraudulent claim.
cocteau8
The alleged 'event' was in Barkingside in Essex, not Scotland, so the Trading Standards path is a no goer, but the RK lives in Scotland. Cheers
emanresu
Had a rant earlier on about leaving personal details on the internet where the parking company can read them and match it up. It was removed when it was pointed out it was a northern address.

Leaving aside the issue of Highview not being able to organise the proverbial pi** up, their choices are limited. They could try to enforce their contact via the courts but it would have to be in a Scots Court but dealing with the issue under English Law e.g. POFA, consideration etc. Since there are no known law courts in Scotland that decide issues on English law, it would be safe to assume they are skewered.

I'd move on and let them waste their time with hollow threats and wasting paper.
nigelbb
QUOTE (emanresu @ Thu, 15 Oct 2015 - 04:33) *
Removed - see below

Really? I can still see the PDF with details of Brian Uncommon Surname from north of the border.
The Rookie
As he explained he removed (past tense) his own post, the attachment isn't from him so he could never have removed it!
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