Highview Parking - Charge Notice - Borehamwood Shopping Park

[xeme]

Hi all

As a registered keeper, today (09/01/20) I received a Charge Notice from Highview Parking, which stating the vehicle was recorded and exceeded the maximum stay duration.
The vehicle was recorded on 23/12/19 and the Charge Notice was dated 06/01/20.
With the consideration of 2 days of postage (deemed), it looks like the Charge Notice arrived and was served after the given time period (14 days), which it is not compliant with PoFA Schedule 4.

Having to read other similar threads regarding Highview Parking's Charge Notice, I am looking to write the following back to them, based on the fact above. Could anyone kindly to advise?
Meanwhile please see attached the redacted Charge Notice for your information.

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.

Secondly, your notice also fails to serve, mandated by section 9 (4) and (5), within the relevant period, which is 14 days beginning with the day after the parking event (dated 23/12/2019).

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, 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 Sincerely.


Thanks in advance for any useful information and your advise.
*

[luxardo]

Looks good to me, they have lost the case on the notice to keeper alone, they have admitted the date was 23/12 and admitted posting it on 6/1 so it can't possibly arrive on time as it is posted after the statutory 14 days. I could also pick a 1000 holes in the notice as not being compliant. This is a walkover if they went to court.

[xeme]

Thanks Luxardo.
Will post it first thing tomorrow with recorded.

Will also post the outcome shall I receive response from them.

[ostell]

Not with recorded as they can reject and you have proof that it was not served. Send first class mail with a free certificate of posting from a post office.

Make a mention of 9 (6) so that they are left in no doubt.

[xeme]

Thanks Ostell, noted.*

[xeme]

Hi all, thanks for your advice first of all.
Received a letter from Highview Parking few days ago and confirmed the Notice has now been cancelled in full and no further action will be taken.