Highview parking , watford waterfields car park

[kittycar79]

Hi,
I have just received a charge notice because I am the registered keeper. I include a picture of said parking charge.
After reading similar posts on this forum I suspect that this does not comply with all of the requirements of POFA sect. 9(2)e,f
Am I correct? If so can I send BOGOFF letter as below and in previous posts regarding Highview at this site.

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

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 etc

Can I do it online via appealpcn.co.uk?

Thank you in advance for your opinion
Kx

[ostell]

Yes you can do it online but take a screenshot of every screen before you send, ensure you appeal as the keeper, beware of chaging dropdown.

if by mail then first class and free certificate of posting from any Post Office.

List all the POFA fails in preparation for the POPLA appeal

[kittycar79]

Thank you for your reply... should I add in 9(2) f to the letter above as well then? x

[ostell]

Don't bother, the intention is to get a POPLA code then throw all the POFA fails at POPLA and they should uphold your appeal. There's more than 9 (2) (f).

[kittycar79]

thank you again... quick question... do I tick any of these radio buttons ?


Tick here to confirm that you were the driver and that the PCN you have received contains the correct information
Tick here to confirm that you were not the driver or that the PCN you have received contains incorrect information
picture attached:

or just click straight to appeal?

xxx

[kittycar79]

also I have just seen this on the FAQs..
Are you required to comply with the Protection of Freedoms Act 2012?

We are bound by the British Parking Association’s Code of Practice and registered with the Information Commissioner’s Office. Utilising The Protection of Freedoms Act 2012 when issuing PCNs is optional and we are not required to comply with it. Non-compliance with this legislation in no way affects our ability to issue PCNs and does not in any way affect the validity of the PCN you have received.


is this correct?!!

[ostell]

It's correct but not the whole truth. If they choose not to comply with POFA then they cannot hold the keeper liable, only the driver who they do not know.

try not selecting those buttons but you probably will not be able to continue and so then send by mail

[kittycar79]

thank you so much - my FINAL question they have a dropdown for reason of appeal is it other?

[ostell]

Yep other