** CANCELLED ** Highview Parking Charge Notice

[notalawyer]

Hi,

I have read a few previous threads but would like some specific advice please.

As the registered keeper of a vehicle, I have a received a PCN. I have attached the relevant information received from Highview.

Please could someone advise me accordingly.

Thanks in advance - notalawyer

[ostell]

From the look of it they have failed at POFA to be able to hold the keeper liable but all of the first page is not there. Could you repost please and include all of page 1 of the NTK.

Here's POFA Paragraph 9 without a windscreen ticket.

They have also potentially breached GDPR in that they would appear to be keeping a record of VRMs so that they can determine if someone has "offended" before. Keeping data inappropriately is not allowed. Also how can they say it is a car that has offended, a car can not "offend" as it cannot agree to a contract, only a driver and they do not know if it was the same driver for subsequent visits.

[notalawyer]

Thank you for your prompt response.

Please see the top and bottom of the first page of the notice.

I'm not 100% sure on how to query the notice - why and wording.

[notalawyer]

From the look of it they have failed at POFA to be able to hold the keeper liable but all of the first page is not there. Could you repost please and include all of page 1 of the NTK.

Here's POFA Paragraph 9 without a windscreen ticket.

They have also potentially breached GDPR in that they would appear to be keeping a record of VRMs so that they can determine if someone has "offended" before. Keeping data inappropriately is not allowed. Also how can they say it is a car that has offended, a car can not "offend" as it cannot agree to a contract, only a driver and they do not know if it was the same driver for subsequent visits.

I've previously tried to read Paragraph 9 but I am unsure on exactly how they may not have complied with POFA.

[ostell]

Everything that is list in para9 must be in the NTK to be able to hold the keeper liable. Note 9 (2) says "must"

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.

Additionally the invitation prescribed by 9 (2) (e) is not present.

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

First class post with free certificate of posting from a post office
On the web page but screen print every page you complete.

[notalawyer]

Everything that is list in para9 must be in the NTK to be able to hold the keeper liable. Note 9 (2) says "must"

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.

Additionally the invitation prescribed by 9 (2) (e) is not present.

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

First class post with free certificate of posting from a post office
On the web page but screen print every page you complete.

Thank you very much! There's an enquiries email address on the website, would it also be sufficient to send it to that? I'm considering sending this by email and post to make sure it is covered.

[ostell]

Yep Send both ways

[charitynjw]

Also, have you any pics of the site signage?

If so, post them up. please.

[notalawyer]

Cancelled! Thank you so much for your help.

[charitynjw]

Cool!

I'll ask Amethyst to update your thread.

ostell for info.