Highview Parking Notice - Waterfields Retail Park, Watford

[Dee Jay]

Received a CHARGE NOTICE from Highview Parking for £85 as the registered keeper. Initially, got surprised to see the notice and couldn't trace the reason for the Charge Notice. But, upon calling one of the store(s) i.e. Next and speaking with the Store Manager, found out that there was a parking limit of 2 hour and after that there's a penalty of £85.

The driver was not aware of the parking restriction of 2 hours. The driver would have visited this place perhaps only once or twice before this incident happened on 31st March. Earlier one or two trips must be under 2 hours but on 31st March 2018, the driver went there with family (before Easter Sunday) and ended up staying for 3 hours and 46 minutes (as per the records from Highview Parking).

Since, the driver was ignorant of the fact, is there a way an appeal can be made for relaxation and exemption. The driver has a clear and clean record and has never got any parking notice(s) till date, which only provides an evidence that the driver has followed the rules. This time, it's clearly a case of ignorance and therefore reaching out to this forum to get ideas / suggestions.

Thanks

[ostell]

First of all edit you post so that the identity of the driver cannot be surmised. Use "the driver....." etc.

Post up a copy of the pCN, suitably redacted. Did you receive this within 14 days? Tight but might just help.

If you bought anything in the stores in question now is the time to get in there and speak to the managers and get them to get the PCN cancelled.

[Dee Jay]

Thanks for editing the post appropriately. I spoke with the Store Manager for Next but he mentioned that he wouldn't be able to help. I can spoke with Boots tomorrow. Please find attached the copy of the Charge Notice.

[ostell]

That looks as though it has failed POFA to create any keeper liability. C an you post up a full scan so we can see the dates at the top and also copy the back. Was this received on Saturday?

It looks as though it will be a simple BOGOFF response.

[Dee Jay]

Thanks for a quick revert. Please find attached copy of front page and back page. I opened my mailbox on Friday i.e. 13th April, not sure if it arrived on 13th or before but the date of notice says 10th April, which was Tuesday

[ostell]

Repost those pictures with PCN no. and VRN removed. OK it looked as though it arrived before the 14 days, just.

Simple BOGOFF response:

Sirs,

I am the keeper of vehicle XXXXX and have received your Charge Notice XXXXXX

You notice fails to meet the requirements of schedule 4 of the Protection of Freedoms Act 2012 namely, but not limited to, failing to include the information mandated by section 9 (2), all of which must be present for the keeper to be held liable.

Accordingly I, as the keeper, cannot be held liable for the actions of the driver at the time. There is no legal requirement for me to identify the driver and I decline your invitation to identify them. I have passed your notice to the driver as requested and leave it up to them as to whether they contact you.

I do not expect to hear from you again other than to confirm that no further action will be taken against me on this matter.



They may cancel but no doubt will keep trying for a while. Here's POFA for you to check

[Dee Jay]

I checked section 9 (2) of POFA 2012 but it looks like that all the conditions have been met. Even though, you would know it but I am pasting the section 9(2). Can you please guide me, which part of the section, I can use to my advantage.
9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

(d)specify the total amount of those parking charges that are unpaid, as at a time which is—

(i)specified in the notice; and

(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;

(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

[ostell]

Where is 9 (2) (f) ?

9 (2) (e) is incorrectly stated.

Where is period of parking required in 9 (2) (a)? They have the time between the cameras. That is not parking as the car was moving.

[Dee Jay]

Thanks for your help and guidance.

Borrowing your draft and adding 1 line around "images shared only depicts that vehicle was moving and not parked. It could have been very well possible that the Driver may have dropped the passenger for shopping and exited the property within the stipulated time and returned later to pick the passengers".

Kindly if you may confirm...if it would make sense to add the above note / line to your draft.

Also, if you may confirm that once I have send this appeal online ; does my 14 day period stops or it continues. What I want to check is that if I pay before 14 days i.e. 24th April, there is a discount and instead of £86, only £51 is to be paid.

Avoiding the situation, where the appeal is rejected and also time period is lost and then end-up paying £86. Please do advise on this point as well.

Thanks

[ostell]

I wouldn't add anything to the original, just let them know that you know that they have failed.

[Dee Jay]

Thanks. Just responded with the template suggested with no addition.

To the other question, should they take more time to revert on the appeal and I do not hear from them until 23rd April ; does the right to pay the reduced sum of £51 is still valid or I forgo that option. Any suggestions...!

[16Hollywood]

Hi, I'm a newbie to this forum - Hello!

I've seen this thread and have an almost identical issue at the same car park - I can't see that there was an outcome to it, nor can I see the attachments mentioned. I have received a penalty notice and attach.

Any views ideas on the way forward.

16Hollywood

[ostell]

Suggest you create your own thread instead of hijacking this one so details don't get confused

Remove your image and before you post again in the new thread remove identifying details such as PCN numbers and scribble through thise QR codes and the line above your name

After a quick look I would say you have a very good chance

[Innocent111]

Thanks. Just responded with the template suggested with no addition.

To the other question, should they take more time to revert on the appeal and I do not hear from them until 23rd April ; does the right to pay the reduced sum of £51 is still valid or I forgo that option. Any suggestions...!

Hi Dee Jay,

Just wanted to know if the ticket was cancelled after you sent the above template? How did you respond via their website or by post?


Thanks.