Highview Parking & Waterfields Retail Park Watford

[16Hollywood]

Received a Charge notice (attached) from Highview Parking at Waterfields Retail Park in Watford, for a ridiculous sum - never spotted the notices before - amazing how they stick out like a sore thumb after you know they are there!!. I have read a lot that these are not legal / can be successfully contested and am after some advice from those in the know.
16Hollywood

[ostell]

They are legal and can proceed to a court claim. However, as they do not know the identity of the driver then they can claim from the keeper, but only if the comply with the requirements of Schedule 4 of The Protection of Freedoms Act 2012. http://www.legislation.gov.uk/ukpga/...dule/4/enacted. Fortunately for you, the keeper, they gave failed

Sirs,

I am the keeper of vehicle VRM xxxxxx and have received your PCN xxxxx

You have failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 mainly, but not limited to, failing give the invitation to keeper required by 9 (2) (e) nor the warning to keeper required by 9 (2) (f). As such you can not hold me liable for the actions of the driver at the time.

There is no legal requirement to identify the driver and I will no be doing so.

I do not expect to hear from you again other than to confirm that there will be no further actions in this matter and my details have been removed from your records

yours etc

[16Hollywood]

Hi Ostell.

Thanks you so much for your swift response - it is very much appreciated.

Hopefully I am worrying unnecessarily, but....if I appeal and send the note suggested, and it fails, is the reduced fee still applicable? Or is it a slam dunk to win?

[ostell]

It will fail as they want their money but you will get the chance to appeal to POLA, which should be successful

[16Hollywood]

I appealed in exactly the fashion you suggested and have just head from Highview Parking - SUCCESS!

"Further to your representations, we have investigated your claims and can confirm that your Notice has subsequently been cancelled in full and no further action will be taken"

Great news and so many thanks to you OSTELL.

[Innocent111]

They are legal and can proceed to a court claim. However, as they do not know the identity of the driver then they can claim from the keeper, but only if the comply with the requirements of Schedule 4 of The Protection of Freedoms Act 2012. http://www.legislation.gov.uk/ukpga/...dule/4/enacted. Fortunately for you, the keeper, they gave failed

Sirs,

I am the keeper of vehicle VRM xxxxxx and have received your PCN xxxxx

You have failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 mainly, but not limited to, failing give the invitation to keeper required by 9 (2) (e) nor the warning to keeper required by 9 (2) (f). As such you can not hold me liable for the actions of the driver at the time.

There is no legal requirement to identify the driver and I will no be doing so.

I do not expect to hear from you again other than to confirm that there will be no further actions in this matter and my details have been removed from your records

yours etc

Hi Ostell,

I have the same parking notice come through today. I am happy to see 16Hollywood has been successful with your advice. I just have a simple question, Should this appeals template be sent via Highview Parking's website or via Post or email?

Thanks.

[ostell]

I prefer 1st class mail with free certificate of posting from any post office.

Are you sure everything is the same?

[carpark123]

They are legal and can proceed to a court claim. However, as they do not know the identity of the driver then they can claim from the keeper, but only if the comply with the requirements of Schedule 4 of The Protection of Freedoms Act 2012. http://www.legislation.gov.uk/ukpga/...dule/4/enacted. Fortunately for you, the keeper, they gave failed

Sirs,

I am the keeper of vehicle VRM xxxxxx and have received your PCN xxxxx

You have failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 mainly, but not limited to, failing give the invitation to keeper required by 9 (2) (e) nor the warning to keeper required by 9 (2) (f). As such you can not hold me liable for the actions of the driver at the time.

There is no legal requirement to identify the driver and I will no be doing so.

I do not expect to hear from you again other than to confirm that there will be no further actions in this matter and my details have been removed from your records

yours etc

Hi Ostell,

Have searched far and wide on legal beagles and you seem to have the most consistent responses to this issue! I received the same letter as 16 Hollywood - date wise the 'offense' occurred on 22/05/2021, the date of issue on the letter was 01/06/2021 and I received it through the post on 11/06/2021. I just wanted to check if you could explain why/how your response works legally in this instance, and whether it's still a valid response now for my case? I emailed highview parking immediately on Friday when I received my parking notice, sharing screenshots of where I parked (using google street view) to show there is no "prominently displayed signage" in that row, but I didn't quote any of my PCN/vehicle registration details. I was about to formally appeal through the online portal with the same lines but don't want to identify myself as the driver if this is not the most successful route to appeal, and your template is better, but I'd like to better understand the legal basis if you're able to explain!

Thanks for your time!

[ostell]

Please don't hijack someone elses thread. Start your own and post up a redacted copy of the PCN