Highview PCN at New Square

[amolb]

Hi I am new to this forum and hope someone can help. I have received a charge notice from Highview parking, I was not the driver at the time of the alleged offence but the driver who was has a disabled badge and was parked in a disabled bay, displaying the badge. It is the first time the driver has visited this location and although is familiar with the blue badge disabled logo and also understood the 4 hours free parking which was written in capitals on the sign was unable to read or understand the rest of the sign that required the driver to validate the parking at Tesco or Shopmobility before exiting the car park to qualify for the free parking. The driver was under the impression that as with a majority of other disabled parking was entitled to the 4 hours free parking as long as the disabled badge was displayed. Are there any grounds for appeal.

[ostell]

Edit so that the driver cannot be inferred. Use "The driver....." etc.

Blue Badge does not entitle the holder to free parking in a private car park.

Post up the redacted PCN that was received but leave dates. If the driver was a customer of Tesco has she complained.

It could be other disabilities have not been taken into account.

Can you post up the sign?

[amolb]

Hi and thanks for your reply. I spoke to the manager at Tesco but got the usual response about it being out of there control. I have also written to Tesco customer services and waiting for a response. Copy of PCN and Signs uploaded. I appreciate your help with this.

[ostell]

They have failed to comply with several of the requirements of POFA and therefore the keeper cannot be held liable.

no period of parking 9(2)(a) moving in front of a camera cannot, by definition, be parking
no warning of keeper liability as required by 9(2)(f)
no creditor identified 9(2)(h)
invitation to keeper not in the format prescribed 9(2)(e)

There is no legal requirement to identify the driver, and will not be doing so

you do not expect to hear from them, or any debt collectors, except to confirm that no further action is being taken


They will, of course, reject but should be good at POPLA

[amolb]

Thanks Ostell, I have drafted the following and would welcome your thoughts,

Dear Highview,

Re Notice Ref No: XXXXX

I am the registered keeper of vehicle XXXXX and in receipt of your Notice to Keeper XXXXX, dispute your 'parking charge', deny any liability or contractual agreement. I will also be making a formal complaint about your conduct to the landowner (Tesco) and to my MP.

I challenge this Notice based on the points below and will also exercise my right to appeal to POPLA should you reject this challenge.

As you will already be aware the Blue Badge scheme does not lawfully apply in private car parks, however one of the occupants of the vehicle possessed and displayed a Blue Badge and stayed for less than the allotted 4-hour free time period but due to circumstances beyond their control was unable to validate their parking. Failure to make suitable accommodation for those protected characteristics, may be a criminal matter. I enclose a copy of the Blue Badge to help resolve this issue.

In addition,

• The charge applied is not a genuine pre-estimate of loss, it is a disguised penalty and not commercially justified
• I believe that the wording on the signs were not clear and ambiguous, and therefore the PPC need to prove that the driver actually saw, read and accepted the terms. In all cases, you must include a close-up actual photograph of the sign you contend was at the location on the material date
• There is no evidence that you have any proprietary interest in the land
• Your 'Notice' fails to comply with several of the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to,
  • Section 9 (2) (a) - moving in front of a camera cannot, by definition, be parking
  • Section 9 (2) (e) - invitation to keeper not in the format prescribed
  • Section 9 (2) (f) - failing to give notice of keeper liability
  • Section 9 (2) (h) - no creditor identified

Therefore, I as the keeper, cannot be held liable for the actions of the driver at the time and there is no legal requirement for me to identify the driver 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. I have kept proof of submission of this appeal and look forward to your reply.

Yours Faithfully,

Registered Keeper

[ostell]

Forget about pre-estimate of loss, that died with Beavis

forget about the last sentence in the last paragraph.

2(a) needs better definition add period of parking

[amolb]

Just received notification that the PCN has been cancelled. Thanks for all your help.