Highview parking fine

[Postie1794]

Hi
ive received charge notice reminder 28 days from the day of the so called offence
the letter states that a notice was sent to me 17 days earlier. But this is news to me.
the outstanding amount is now £70 the driver & Young daughter was shopping & used a coffee shop in the retail park & had no idea that there was 2hour limit on the car park & overstayed by 50 minutes. Can anybody help me please on what to do next...

[ostell]

Picture of the letters received, suitably redacted but leave dates, and pictures of the signs.

Has the driver complained to the managers of the shops that they used?

[Postie1794]

Thanks Ostell for your reply...
I can't seem to upload some photos I have taken
sorry I'm not very computer savvy...
& answering your question no the driver hasn't been in to complain to the shops but some receipts from the shops have been retained.

[ostell]

So get into the shops, with those receipts, and complain to management and demand they they cancel

Put your photos on an external picture hosting site (NOT photobucket) and link to them from here.

[Postie1794]

Thanks Ostell, this is the first sign you are confronted with as you drive in

[ostell]

That sign is not the offer of a contract and I can't read the letter. It may help to get a picture of a sign inside the parking area with a highview name on it.. Could you get better definition and also the reverse. I would seem that they have "forgotten" to send out the first letter within the required time and are trying it on. I would suggest the following:

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. This is the first communication I have received from you and as such I can have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the prescribed relevant period of 14 days, contrary to section 9 (4) of the Act. You cannot therefore transfer liability from the driver at the time to me.

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

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


P.S. It's not a fine, it is merely a speculative invoice.

[Postie1794]

I hope these pictures are clearer, I will be going down to the retail park to complain a little later so will take more pictures. Also would I send written reply be post or online?

[Amethyst]

You want pics of these kind of signs from around the car park ( if there are any of course )
2018-09-26 09_43_43-Start.png

[ostell]

You've covered up the date of Notice, which may help.

But here's a letter to send to them:

Sir,

I am the registered keeper of vehicle XXXXX and have received your Notice to Keeper xxxxx

This is the first communication I have received from you and I can have no liability in this matter as you have failed to comply with Schedule 4 of the Protection of Freedoms Act 2012, namely, but not limited to, failing to give the required warning as specified by 9 (2) (f), the statement required at 9 (2) (e) and failing to deliver within the relevant period as required by 9 (4).

I have no legal obligation to name the driver at the time and will not be doing so.

I do not expect to hear from you again other than to confirm that there will be no further action on this matter and my personal details have been removed from your records. Further contact after this confirmation, either from you or others, will be considered harassment and may result in action being taken against you.

Yours etc.

I prefer to send by post. Use first class and get a free certificate of posting from a post office.

[Postie1794]

Sorry here is the invoice again

[ostell]

The letter, if it was the first one far exceeds the 14 day limit that they have to get the notice to the keeper. I've updated the letter in post #9

[Postie1794]

I see & yes this is the first letter I have received... Many thanks for the update

[Postie1794]

Hi , good evening. After sending the letter in post 9...I've have now had an update from highview parking. It reads in response to your representations as a good will gesture we will reduce the charge to £42 if received by us within 14 days of this email, after which we will require the full amount of £70. not sure how I should go forward now...

[ostell]

Just ignore and see where it goes from there. Asking for a reduced sum hints that they know they got it wrong.

[Postie1794]

Ok will do...& once again Ostell many thanks...