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Highview Parking (The saga continues)


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As usual, not looking for anything, just posting this so that others can have a giggle at Highview's expense.

 

Since my last update on these clowns, I've received another 7 NTK's from the Muppet Show, all for different parking events.

 

Date of Parking: 05/05/17 - Date of NTK: 03/07/17 - Received: 06/07/17 - (62 days after event)

Date of Parking: 03/06/17 - Date of NTK: 04/07/17 - Received: 07/07/17 - (33 days after event)

Date of Parking: 16/07/17 - Date of NTK: 10/08/17 - Received: 15/08/17 - (29 days after event)

Date of Parking: 22/07/17 - Date of NTK: 27/09/17 - Received: 30/09/17 - (69 days after event)

Date of Parking: 28/07/17 - Date of NTK: 02/10/17 - Received: 05/10/17 - (68 days after event)

Date of Parking: 01/09/17 - Date of NTK: 15/09/17 - Received: 27/09/17 - (25 days after event)

Date of Parking: 25/10/17 - Date of NTK: 09/11/17 - Received: 11/11/17 - (16 days after event) - Close, but no cigar! :wink:

 

Various threats of "LEGAL ACTION PENDING" from Highview, but I'm still waiting and still looking forward to them taking me to court.

 

Oddly, absolutely nothing from DR+ on any of the above. I think they (at least) might have learned their lesson on wasted postage :roll:

 

 

Also, a windscreen ticket from Highview's mates UKPC (who also operate on the same site), this one for "not displaying a permit" (despite the fact that their own 'evidence' pictures show a permit in the windscreen) :|

 

Date of Parking: 07/09/17 - Date of NTK: 23/10/17 - Received: 03/11/17 - (57 days after event) - D'Oh!

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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A self imposed blackist for DR+, that is a good idea.

 

they could start off with every property listed on the electoral roll and report themselves to the FCA for being an unlicenced deposit taker if anyone does pay them

 

DF if would be interestting to see when they applied for your keeper details for each event.

 

you may well have enough now for a harassment claim rather than just the breach of the DPA for breaking their KADOE contract.

 

It is time the DVLA started taking these events seriously so get complaining and see if you can get your MP involved.

 

You can put a coherent argument together so dont stop at their cut and paste response they always start off with.

 

They know that there are a number of complaints about their lack of quality control over the unlawful behaviour of some companies and they have powers they choose not to use.

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  • 2 months later...

Just a bit of an update on this...

 

I've had a letter from "Zenith Collections" (oooh scary) :lol:

 

 

So I've decided to throw rocks at them, just for kicks & giggles. I've sent the following to Zenith via email (disposable, no reply address EB :wink:)

 

 

Dear Zenith Collections (or Debt Recovery Plus in a party frock).

 

Thank you for your letter regarding a supposed unpaid parking charge (number in subject). Unfortunately I will not be taking up your kind offer to pay it, either by instalments or otherwise, as no valid parking charge has ever been issued to me by your client (UKPC).

 

I did indeed have a Notice To Keeper from your clients, which arrived outside of the time as allowed by the Protection of Freedoms Act 2012. Schedule 4. Part 8. Paragraph 5.

 

The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

 

The Notice to Driver was issued on 7th September 2017. Allowing for the legislation which says that the clock starts from the day after the parking event means that the Notice to Keeper MUST have arrived to my address on or before 2nd November 2017. Unfortunately for your client, the Notice to Keeper arrived on 3rd November 2017 which is outside of the timescale allowed by the Protection of Freedoms Act 2012. Close, but no cigar!

 

However, that aside. The reason for issuing both the Notice to Driver and Notice to Keeper is "Parked in a permit area without displaying a valid permit".

 

As the vehicle is mine, I know very well what is displayed in the windscreen, and this is rather confirmed by looking at the pictures of the vehicle on your clients website (I have copies), more than one of the images that your clients employee took of the vehicle show that the vehicle is displaying a "Yate Shopping Centre - Staff Parking Permit" (there's even a close up!) which was issued by the Managing agents of Yate shopping centre.

 

And as the land in question forms part of the land controlled by Yate shopping centre, as confirmed on the NtK, your client (and/or their member of staff) has no case and had no reason to issue either the Notice to Driver or Notice to Keeper and has (in the case of the latter) obtained and processed my details from the DVLA without good reason, which is a breach of both the KADOE agreement with the DVLA and the Data Protection Act 1998.

 

Please inform your client to either put up or shut up! If they want to lose money by issuing a court claim against me, I will be more than happy to vigorously defend that claim using your clients own "evidence" and will also be making a counter claim against your client for their misuse of my personal data.

 

I hear Gladstones, BW Legal, SCS Law and the like are quite adept at losing their clients money (while making sure that their services are paid for by the client of course (nice work if you can get it)) when it comes to well defended county court claims.

 

I'm afraid that both you and your clients will need to go and find some other mug to secure a pay day. You might want to tell your clients to speak to their friends at Highview Parking and give them my vehicle index. It should be enlightening for them.

 

 

Please note that this is a disposable email address and as such I will not see any reply that you send to it and replies may be rejected by the mail server in any case.

 

You have my home address (acquired illegally) so I would would ask that any reply you wish to make withdrawing from this mess before getting yourselves in any deeper be sent in writing to that address. I would further suggest that you advise your client to quietly drop this matter before they go to far and it backfires on them.

 

 

Signed.

Recorded Keeper.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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A bit to polite for me dragonfly, but you do a nice line in scathing. Probably lost on those muppets.

 

Oh, no doubt, but it'll give them a little something to think about and I've no doubt that the email will be forwarded to UKPC.

 

So should it go to court (unlikely I reckon) I'd be happy to produce that email (as opposed to one containing a lot of swear words) to show that even before they considered issuing a claim, I'd already told them that they had no case.

 

What with that and their own pictures, I'd say that the chances of them making a successful claim against me would be about the same as my chances of becoming the next King.

 

But they're welcome to try if they like, it'll be a nice payday for me :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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I quite like the sound of King Dragonfly. :)

 

Good letter.

 

HB

 

LOL. I'm not sure that 'Chas' would be too chuffed. He has been waiting a while :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Now when I baited DR+ some years back they liked to claim they would get a Norwich Pharmacal order to force me to reveal the name of the driver but then they stopped writing to me after that. I must admit that would be an interesting one for them (or a parking company they represent) to take to court as they know that more recent law has supremacy so the POFA says no cigar. Clutching at straws is a term that comes to mind.

I do hope they respond though and then we can see what else they have in mind to scare you into paying.

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That's the funny thing EB.

 

Even if DR+ got a Norwich (which I assume would cost them a few quid) it wouldn't do them any good. Yes, they'd have the name of the driver, but it was the driver that works at Yate shopping centre that was issued the staff parking permit. So they'd be back to square one anyway.

 

In a way, I hope they do go down that route and waste a bit more of their money, we'd all have a laugh at their expense :wink:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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It will cost them a couple of grand at least and get them nowhere.

I agree, I wish they would try these things they threaten because like with CPS v AJH films the law isnt applicable anyway, your vehicle is not driven by your " servants" and the parking co cant really argue that they have been seriously disadvantaged by not having access to the information as they can always follow the protocols of the POFA if they really wanted to get someone to pay! Similarly they would have to give full and frank details of their claim and reasons why the NPO is used instead of CPR 31.17 discovery.

I just love their arrogance in their assertiions that they have these superpowers they are prepared to use if you dont pay them

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  • 4 weeks later...

And, I spoke too soon! :lol:

 

Had a further 2 NtK's from Lowlife Parking this morning. One was out of time (not even generated by them until 17 days after the parking event *rolls eyes*) and the other, amazingly, was generated in 7 days :shock:

 

I've appealed online (I'm not wasting my money on these clowns) with a duff email address, thus...

 

My my, someone at Highview has upped their game! Unusually for you lot, I've actually received this NtK in time to create keeper liability in line with the POFA. Unfortunately however, there is no keeper (or driver for that matter) liability. I've told you that often enough, but it still hasn't sunk in.

 

However, I'm feeling generous today, so I'm going to save you a few quid on issuing me a POPLA code and just refer you to previous POPLA cases. 3 should do. 2921087046, 2921287040 & 2921317034. (all long expired now, so not worried about the codes showing)

 

If you'd like to go again, you can issue yet another POPLA code. Or you can just concede now and send me your withdrawal. Up to you.

 

It might save you (and your mates at Daft Recovery Plus, I've had 6 letters from those clowns this morning!) a few quid on postage if you just add the vehicle index to the whitelist for the site. Again, it's no skin off my nose, it's not me that's wasting money on postage and I find all of these charge notices that arrive out of time most amusing.

 

Given that the POFA states that an NtK generated by ANPR "MUST" arrive on my doormat within 14 days from the day after the parking event, it's hilarious when you send me NtK's that are only generated 17 days after the event, 26 days after the event & 23 days after the event. I have lots more, but I'm sure you get my point. I've not even bothered to appeal those.

 

On the odd occasion when your NtK has arrived in time, you've run away when I appealed to POPLA as we both know that you have absolutely no grounds to a) obtain my details from the DVLA for reasonable cause (as you're fully aware that there is no reasonable cause) or b) unlawfully process my details, which is a breach of the Data Protection Act (for the same reason as a).

 

So, I now call on you to either put up or shut up. If you think you've got a case, issue me with a letter before action and then take me to court. Be warned that there will be a counter claim against you for each and every breach of the Data Protection Act. See Google v Vidal-Hall and VCS v Phillip if you think I'm joking.

 

Failing that, add this vehicle to the whitelist and go and find some other mug that will just roll over and pay!

 

I will let you know via email if and when the vehicle is changed so that you don't start writing to me all over again.

 

-

 

And as I mentioned above, I've had SIX letters from Daft Recovery Pass this morning, all "reduced payment offers" (so kind), and all relating to NtK's that were out of time. You really couldn't make it up sometimes. But I suppose God loves a trier!

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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If they were serious about this they would send you a bundle of freepost envelopes so you could send them some cheques. have you thought about asking fro this?

 

I like your thoughts. I will next time :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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If they do provide a stack of prepaid envelopes, slip a sheet of lead in to each one and pop the pile in the post. For every one that weighs more than 100g, Royal Mail will charge them a little extra before delivery.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

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If they do provide a stack of prepaid envelopes, slip a sheet of lead in to each one and pop the pile in the post. For every one that weighs more than 100g, Royal Mail will charge them a little extra before delivery.

 

They’d charge the missed postage & an admin charge (now where have I heard “admin charge” before?)

 

That would be naughty.

Of course, if the envelopes were mislaid, and someone (that you have no connection to the OP) were to send them the lead sheets : thst’d be nothing to do with the OP.

 

I mean, it is the sort of company that doesn’t win friends, so any list of suspects would be quite a long one!

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  • 3 weeks later...

Another 6 letters from Daft Recovery Pass. Now "Notice of Intended Court Action". :!:

 

Righty'o. I'll put them with all the other "Notice of Intended Court Action" letters I've got then :lol:

 

The way this is going, I'm going to need a second drawer on my document file box. I've just had a quick scan through and I'm now up to 27 of them! :-D

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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