**CANCELLED!!** Highview Parking ticket

[Orangebanana]

Hi there.

Ive had fantastic help & advice from you guys in the past & I'm looking for some more please.

I have received a charge notice from Highview Parking. When the driver parked the car it was late at night & they didn't see any signs to tell them there would be a fine for parking there.

I have downloaded an appeal letter from your site provided by Parking Cowboys & Pepipoo but wanted to make sure I was doing the right thing? I also wanted to check if I should be sending this by good old fashioned post or if I can do it by email?

I have attached a picture of the letter

Thank you

[charitynjw]

Re: Highview Parking ticket

Hi Orangebanana, welcome to LB.

First & foremost, never ID the driver, not even in forum posts.
Best that you edit your post....something like

I have received a charge notice from Highview Parking. When the driver parked the car it was late at night & the driver didn't see any signs informing that there would be a fine for parking there.

I'm guessing that this is via ANPR (No windscreen ticket?).
If so the Notice to Keeper is not compliant with s9 Protection of Freedoms Act 2012 Schedule 4.
The NtK must be served (received by you) within 14 days of the parking event. ((09/07/2017).
It is dated 24/07/2017 (Monday).
2 days (deemed) for post, so deemed service would be 26/07/2017 earliest.
That is 17 days.

(4)

The notice must be given by—

(a)

handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)

sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)

The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)

A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Make a 'representation' to the parking co (see NtK) as the registered keeper, stating that you reject the Notice to Keeper as it is not compliant with the Protection of Freedoms Act 2012 Schedule 4 s9.
Do not ID the driver.
If they have a brain cell between them they will quash it.
If they turn you down they must send you a unique code number for a POPLA appeal.
You can then send a more detailed defence to POPLA.

[Orangebanana]

Re: Highview Parking ticket

Hi there

Thank you for your quick reply & advice.

Should I send this by mail or email?

[charitynjw]

Re: Highview Parking ticket

The reverse side of the NtK should give the options.

If you do so via one of those website electronic reply forms (**spit**) keep a copy (screenprint or similar) & email it to yourself as proof of sending.
As always, do not ID who was driving.....respond as 'registered keeper'.

[Orangebanana]

Re: Highview Parking ticket

The only option on the other side is to appeal the charge. I'm sure I'm read not to do that? I should make a representation like you've said. So should I do it by post instead?

Here's a pic

[charitynjw]

Re: Highview Parking ticket

If it were me I'd do so by post, with proof of postage & a copy for the evidence file.
I really don't like those on-line forms.....usually there is no way of proving that you have completed one, or what the submitted content was.
Choice is yours, though.

[Orangebanana]

Re: Highview Parking ticket

Hi there!

I just wanted to say thank you so much for your help.

I had this letter as a reply & the notice has been withdrawn.

Thank you again

[charitynjw]

Re: Highview Parking ticket

Nice one, Orangebanana.

I'll give our [MENTION=49370]Kati[/MENTION] a nudge, see if she will update your thread title.