Highview Parking - Charge Notice - Advice Appreciated
Discussion
I have received a charge notice from High View parking this morning. The usual...
1) your vehicle was parked at our clients property
2) your vehicle was in violation of the terms and conditions displayed on the signage (not mentioned what the violation is)
3) They've checked with the DVLA and I am the registered keeper of the vehicle
4) Please confirm that you were the driver (I believe that I am legally entitled to refuse to do this?)
5) Pay £35 in 14 days, or an admin charge of £40 will be levied.
I did have a look at historical threads, but there wasn't a lot of current information.
My understanding is as follows.
Only the council or the police can issue an enforceable parking ticket, and this can only be done if the driver of the vehicle is ascertained.
Should I reply to them with a final letter quoting all manner of reasons why the charge is not legal or enforceable, should I write to them asking why my vehicle was in violation of the signage, or should I just ignore the letters and tough out the wave of threats that I will receive from this point forward?
Advice much appreciated, in particular anyone with direct experience of Highview Parking.
Many thanks.
1) your vehicle was parked at our clients property
2) your vehicle was in violation of the terms and conditions displayed on the signage (not mentioned what the violation is)
3) They've checked with the DVLA and I am the registered keeper of the vehicle
4) Please confirm that you were the driver (I believe that I am legally entitled to refuse to do this?)
5) Pay £35 in 14 days, or an admin charge of £40 will be levied.
I did have a look at historical threads, but there wasn't a lot of current information.
My understanding is as follows.
Only the council or the police can issue an enforceable parking ticket, and this can only be done if the driver of the vehicle is ascertained.
Should I reply to them with a final letter quoting all manner of reasons why the charge is not legal or enforceable, should I write to them asking why my vehicle was in violation of the signage, or should I just ignore the letters and tough out the wave of threats that I will receive from this point forward?
Advice much appreciated, in particular anyone with direct experience of Highview Parking.
Many thanks.
PurpleMoonlight said:
You know when.
You know where.
What do you think you likely did wrong?
It hasn't been confirmed who the driver was, only that I am the registered keeper of the vehicle. You know where.
What do you think you likely did wrong?
Until they advise me I don't know. Alleged Violation aside, I'm really after some advice as to whether I hit them at an early stage with how private charge notices are unenforceable, or simply ignore them. As mentioned in the opening post, my understanding is that only the police or council can enforce a parking charge?
B.J.W said:
It hasn't been confirmed who the driver was, only that I am the registered keeper of the vehicle.
Until they advise me I don't know. Alleged Violation aside, I'm really after some advice as to whether I hit them at an early stage with how private charge notices are unenforceable, or simply ignore them. As mentioned in the opening post, my understanding is that only the police or council can enforce a parking charge?
Were you the driver at the time or not?Until they advise me I don't know. Alleged Violation aside, I'm really after some advice as to whether I hit them at an early stage with how private charge notices are unenforceable, or simply ignore them. As mentioned in the opening post, my understanding is that only the police or council can enforce a parking charge?
1) 'Soft' appeal directly to the company. They will most likely reject but they need to provide you with a POPLA code. Ignoring private parking charge notices hasn't been correct advice for a couple of years now.
2) Appeal to POPLA. Cite the correct arguments (MSE & Pepipoo can help you with this) and you'll probably win.
2) Appeal to POPLA. Cite the correct arguments (MSE & Pepipoo can help you with this) and you'll probably win.
You have a private sector PCN for parking on private land and breaking the terms posted on the parking signs (like overstaying in a supermarket car park). I think it has all changed, some time back. The Protection of Freedoms Act 2012, which came into force on 1 October 2012, gave enforcement companies access to ‘keeper liability’. Prior to the Act, a registered keeper (RK) did not have to provide details of the driver to a private enforcement company. If the RK said they weren’t driving the car, the PCN debt was effectively unrecoverable. A number of internet forums (as suggested above) provide advice to motorists to ignore private sector PCNs. Before 1 October 2012, this was sound advice.
But now Enforcement companies have been given the power to hold the RK liable for a parking charge, or allow the RK to identify the driver. They can pursue it through the Courts. Suggest you pay the lower fine, and move on, or if you think there was fault with the sineage, take it to POPLA.
But now Enforcement companies have been given the power to hold the RK liable for a parking charge, or allow the RK to identify the driver. They can pursue it through the Courts. Suggest you pay the lower fine, and move on, or if you think there was fault with the sineage, take it to POPLA.
red griff roger said:
You have a private sector PCN for parking on private land and breaking the terms posted on the parking signs (like overstaying in a supermarket car park). I think it has all changed, some time back. The Protection of Freedoms Act 2012, which came into force on 1 October 2012, gave enforcement companies access to ‘keeper liability’. Prior to the Act, a registered keeper (RK) did not have to provide details of the driver to a private enforcement company. If the RK said they weren’t driving the car, the PCN debt was effectively unrecoverable. A number of internet forums (as suggested above) provide advice to motorists to ignore private sector PCNs. Before 1 October 2012, this was sound advice.
But now Enforcement companies have been given the power to hold the RK liable for a parking charge, or allow the RK to identify the driver. They can pursue it through the Courts. Suggest you pay the lower fine, and move on, or if you think there was fault with the sineage, take it to POPLA.
Thanks to the last 2 replies. I will send an appeal letter back to the parking company asking them to confirm exactly what violation has been committed and take it from there...But now Enforcement companies have been given the power to hold the RK liable for a parking charge, or allow the RK to identify the driver. They can pursue it through the Courts. Suggest you pay the lower fine, and move on, or if you think there was fault with the sineage, take it to POPLA.
B.J.W said:
I did have a look at historical threads, but there wasn't a lot of current information.
You're looking in the wrong place. PH is not it.B.J.W said:
Thanks to the last 2 replies. I will send an appeal letter back to the parking company asking them to confirm exactly what violation has been committed and take it from there...
Before you do this I would suggest you take the time to find out whether this is the best approach.It may be, but be in no doubt that an incorrect choice at this stage could cost you later.
Some homework now could pay dividends. Google Highview Parking MSE and Highview Parking pepipoo.
Also, check out PoFA 2012 to ensure that the NTK is fully compliant.
For starters, Highview have particular form for breaching Section 9 (2)(h).
My guess is that the violation which they have carefully omitted to mention is an overstay.
Do not answer them, do not listen to the guys on here who say "things have changed since october 2012". Just bin it. They will write once or twice more, then threaten court action, then send unstamped court papers that "will be sent by xx/xx/xx". Then they'll leave you alone. Hold your nerve, and ignore.
One of mine jumped from £75 to around £340 including court cost if it went to court. That was the last I heard on that one.
One of mine jumped from £75 to around £340 including court cost if it went to court. That was the last I heard on that one.
Edited by fatboy b on Saturday 8th November 20:27
B.J.W said:
Should I reply to them with a final letter quoting all manner of reasons why the charge is not legal or enforceable
I think you should do this, they're probably completely unaware, they will probably thank you for you advice, wave the charges and go back and rethink their business modelging84 said:
B.J.W said:
Should I reply to them with a final letter quoting all manner of reasons why the charge is not legal or enforceable
I think you should do this, they're probably completely unaware, they will probably thank you for you advice, wave the charges and go back and rethink their business modelI've had a couple from Highview. The first I ignored. They sent me letters for quite a while actually, about six months. Nothing came of it in the end.
The second I also ignored, but they only chased me for about two months.
All sorts of letters, price hikes, and "we may do this that and the other", but despite the fact that I had massively overstayed on both occasions they eventually did nothing.
Just my experience with them.
The second I also ignored, but they only chased me for about two months.
All sorts of letters, price hikes, and "we may do this that and the other", but despite the fact that I had massively overstayed on both occasions they eventually did nothing.
Just my experience with them.
Out of interest I Googled High View and it seems their favourite income ploy is to claim an overstay ,and there is plenty of examples of this on the net. aLSO THIS ONE -http://parking-prankster.blogspot.co.uk/2014/01/highview-parking-admit-all-their.html.
Might be an idea to see if car park in question is enforced on behalf of a store etc. If so ,get in touch with store customer service. I, and others locally had tickets for overstaying in local supermarket park .Mine was for five % half hours. It was actually two visits, the ticket showed a photo of my vehicle entering and leaving, but not the first exit or second enter( which was more than two hours after first). Store cancelled the ticket. Days later, some one wrote into local paper.Same story. Panic reply in paper asking customers in this situation to go to customer services. Peppipoo has a few mentions of Highview. These days with stories as per Google, I'd appeal ,first to company and then to Popla. It might benefit to get evidence of the signage in the car park .
Might be an idea to see if car park in question is enforced on behalf of a store etc. If so ,get in touch with store customer service. I, and others locally had tickets for overstaying in local supermarket park .Mine was for five % half hours. It was actually two visits, the ticket showed a photo of my vehicle entering and leaving, but not the first exit or second enter( which was more than two hours after first). Store cancelled the ticket. Days later, some one wrote into local paper.Same story. Panic reply in paper asking customers in this situation to go to customer services. Peppipoo has a few mentions of Highview. These days with stories as per Google, I'd appeal ,first to company and then to Popla. It might benefit to get evidence of the signage in the car park .
It's up to you OP. The business model probably relies on those people who will be frightened by the idea of a court summons and will just pay up to avoid aggro. Those who ignore it are potentially putting themselves at risk of court proceedings but in 99% of cases will get a procession of increasingly threatening letters and eventually they'll give up.
And even if they do take Court action......
http://www.thecourier.co.uk/news/local/dundee/uk-p...
(in Scotland)...
http://www.thecourier.co.uk/news/local/dundee/uk-p...
(in Scotland)...
B.J.W said:
Thanks to the last 2 replies. I will send an appeal letter back to the parking company asking them to confirm exactly what violation has been committed and take it from there...
What is your basis of appeal, given that you do not know what the contravention is or who was driving so that you can ask them?fatboy b said:
Do not answer them, do not listen to the guys on here who say "things have changed since october 2012". Just bin it. They will write once or twice more, then threaten court action, then send unstamped court papers that "will be sent by xx/xx/xx". Then they'll leave you alone. Hold your nerve, and ignore.
One of mine jumped from £75 to around £340 including court cost if it went to court. That was the last I heard on that one.
This is my experience and method to, never had the threat jump that high and actually have them reducing it all the way back down in the last letter when they know they've not caught anything...One of mine jumped from £75 to around £340 including court cost if it went to court. That was the last I heard on that one.
Edited by fatboy b on Saturday 8th November 20:27
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