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fboy2
Click to view attachmentHi there folks,

recently I have received a letter from Highview Parking through the post, as a Charge notice for me parking on the clients car park for 4hrs39mins and they do not have sufficient evidence that a parking payment was made to cover my visit.

Now I have photos to show that on that date that their parking meters were down, would this alone be enough evidence for them to cancel the charge?

Having done a bit of research it says that I should of received the letter within 14 days of the contravention, now the date I parked was the 10/12/16 but yet the letter was dated the 29th and I didn't receive the letter until today the 4th.

Please could people be of any help on what I should put in my online appeal to these guys.

Many Thanks
Skiddaw
If you have evidence the ticket machines were broken on the day they would be stupid to pursue you. The problem is that Highview are stupid and greedy enough to try and get you to pay.

Essential reading for preliminary stages is the NEWBIEs thread on MSE http://forums.moneysavingexpert.com/showthread.php?t=4816822

However this is non-POFA compliant PCN by the looks of it so DO NOT REVEAL THE DRIVERS IDENTITY unless a hire car.

There has been a few recent threads on ticket machine broken, so search these threads for a start.
Jlc
I think you need a bigger font wink.gif

In their minds, they won't care the meters were down. They think that you should have left and not parked. Have you contacted Gala? (If your visit was 'genuine' then they may well assist)

However, they do not engage (or meet) keeper liability. So a simple appeal to them stating that they have not met the necessary conditions of the Protection of Freedoms Act and you are under no obligation to name the driver. Tell them to either cancel the charge or issue a POPLA code so they can be told to cancel the charge at their cost.
fboy2
QUOTE (Skiddaw @ Wed, 4 Jan 2017 - 16:00) *
If you have evidence the ticket machines were broken on the day they would be stupid to pursue you. The problem is that Highview are stupid and greedy enough to try and get you to pay.

Essential reading for preliminary stages is the NEWBIEs thread on MSE http://forums.moneysavingexpert.com/showthread.php?t=4816822

However this is non-POFA compliant PCN by the looks of it so DO NOT REVEAL THE DRIVERS IDENTITY unless a hire car.

There has been a few recent threads on ticket machine broken, so search these threads for a start.


Hi thanks for the reply.

Ok so in what way is this Non Compliant, I have never had to appeal a ticket before so am pretty clueless, would like some guidance if possible.

MANY THANKS

QUOTE (Jlc @ Wed, 4 Jan 2017 - 16:06) *
I think you need a bigger font wink.gif

In their minds, they won't care the meters were down. They think that you should have left and not parked. Have you contacted Gala? (If your visit was 'genuine' then they may well assist)

However, they do not engage (or meet) keeper liability. So a simple appeal to them stating that they have not met the necessary conditions of the Protection of Freedoms Act and you are under no obligation to name the driver. Tell them to either cancel the charge or issue a POPLA code so they can be told to cancel the charge at their cost.


Haha just wanted it to be clear tongue.gif

how do they not meet the keeper liability etc (sorry so new to this) so with regard to them not meeting the necessary conditions of POFA do I need to specify what they haven't met etc, also should I put anything else in the appeal or would that be substantial enough.

Many thanks
Jlc
14 days is the key one. See here.
ostell
The major fail is the NTK not being received within 14 days. There are others.

So your response, as the registered keeper, is that they have failed to comply with the requirements of pofa by, but not limited to, failure to deliver within 14 days. There is no assumption in law that the keeper was the driver and there is also no requirement in law to provide details of the driver at the time. You claim is against the driver so please do not contact me again. Any contact may be construed as a breach of the DPA and action may be started for the failure.

However the NTK does not seem to contain any attempt to use POFA.
fboy2
QUOTE (ostell @ Wed, 4 Jan 2017 - 18:22) *
The major fail is the NTK not being received within 14 days. There are others.

So your response, as the registered keeper, is that they have failed to comply with the requirements of pofa by, but not limited to, failure to deliver within 14 days. There is no assumption in law that the keeper was the driver and there is also no requirement in law to provide details of the driver at the time. You claim is against the driver so please do not contact me again. Any contact may be construed as a breach of the DPA and action may be started for the failure.

However the NTK does not seem to contain any attempt to use POFA.


this is what I have put in my appeal online based on the answer so far would appreciate the feedback:-

A notice to keeper must be served not later than 14 days after the vehicle was parked. From this PCN it says vehicle SA53 HSE was parked on the 10/12/16, The following correspondence wasn't received until 04/01/2017, even if it was presumed delivered 2 days after the date of the letter which is 29/12/16, you still have not complied with the rules of Schedule 4 paragraphs 8(5) or 9(5) of Protection of Freedoms Act 2012, I am under no obligation to name the driver and request you to cancel the ticket or give me a POPLA code where you will then be told to cancel the ticket at your cost.

Many Thanks

SchoolRunMum
Looks fine - the important thing was not to imply who was driving.

You could add that the driver states that the machines were out of order that day, see attached photos as proof.

Should be enough to get shot of them; if not, then the POFA argument wins it for a keeper at POPLA stage.
Lynnzer
QUOTE (SchoolRunMum @ Wed, 4 Jan 2017 - 19:48) *
Looks fine - the important thing was not to imply who was driving.

You could add that the driver states that the machines were out of order that day, see attached photos as proof.

Should be enough to get shot of them; if not, then the POFA argument wins it for a keeper at POPLA stage.

One has to wonder if there was any reasonable cause to access the DVLA database for this. They must have known of the machine being out of order.
fboy2
thanks to all that have responded think i will go ahead and submit my appeal and we shall see from there.

many thanks
fboy2
Hi guys,

Wondering if you can help me please,

parked for 2hrs 44mins in the car park stated in the charge notice, now there pay machines were out of order and as they do have alternative payment by phone, but I dont have that option open to me being on giff gaff that was not an option.

now the date of the notice is 10/05/2017, the date of offence was 28/04/17, but didnt receive the actual letter until 13/05/17, now what options do i have to argue this.

many thanks
ostell
Exactly the same option, the notice was not received within 14 days. Was there a postmark on the letter that would confirm when it was actually posted?
fboy2
hi ostell, no postmark that i can remember but will check the envelope.

so i need to use that as the main point i will upload proof of machines not working and also use the pofa argument
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