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Highview Parking Charge, third letter, should I ignore or respond?

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I wasn't sure if I should create a new thread for this as there's so many already, but that's what people seem to be advising so...

I have received a charge notice from Highview Parking (Tesco's car park).

My first course of action was to ignore this, as I'm aware how these differ from PCN's etc. However, I have created this thread after noticing the sticky saying more people are being issued with court notices over these.

The first letter stated £70 charge, with half of that being due if paid within 14 days. I then received a letter demanding the full £70. I ignored this, and have now received a further letter stating the charge to be £110 (£70 plus a £40 admin fee). The most recent letter features a bit of scaremongering red text explaining that my credit rating could be affected , etc. The letter looks fairly typical of the ones I have seen posted on this forum from this company before.

What should my next course of action be? I thought I was safe to ignore this, but having noticed more people are actually being taken to small claims court, I'm now wondering if this is the best course of action.

In terms of information about the actual parking dispute, I was over the 2 hour time limit because heavy congestion meant I physically couldn't get out of the car park! It's very tight and in a town centre, so very busy at the time of parking, and was gridlocked for well over an hour!

Thanks in advance for any help offered, much appreciated.
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Comments

  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    You were correct in starting a new thread which means the advice given on it will be relevant to you. Hijackers are normally chased away to start their own thread.

    You seem to be a little way down the line on this one (probably missed the appeal opportunity deadlines) so ignore is likely to be your only option until such time as the PPC makes any more serious move (Letter Before Claim which indicates they are going to pursue this via the small claims court), but Highview aren't known for this type of action. They rely on 'scary' letters from Debt Collectors, which can also be ignored.

    But just to properly check this out for you, could you please provide a short timeline of events:

    Date of parking event
    Date of receipt of first letter from Highview
    Was the first letter headed up (something like) Notice to Keeper and mention the Protection of Freedoms Act 2012
    Within that letter was 'The Creditor' identified - a statement such as 'The Creditor is.......'
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    First Post Combo Breaker
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    There's another thread on the same subject running. That OP got Tesco to make it go away proof was her club card.

    Have you tried that?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
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    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • fridge_raider
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    Thanks very much for the responses, here is the information you asked for -

    Date of parking event
    22/06/13

    Date of receipt of first letter from Highview
    28/06/13

    Was the first letter headed up (something like) Notice to Keeper and mention the Protection of Freedoms Act 2012
    The letter is headed 'Charge Notice Reminder - Do Not Ignore'

    'The vehicle was recorded parked on our client's property....etc.'

    Mentions that DVLA confirmed I am registered keeper. Mentions the 'Protection of Freedoms Act 2012'.


    Within that letter was 'The Creditor' identified - a statement such as 'The Creditor is.......'

    Nothing in the wording about the creditor.


    Hope this helps, and thanks again. :beer:
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    Thanks very much for the responses, here is the information you asked for -

    Date of parking event
    22/06/13

    Date of receipt of first letter from Highview
    28/06/13

    Was the first letter headed up (something like) Notice to Keeper and mention the Protection of Freedoms Act 2012
    The letter is headed 'Charge Notice Reminder - Do Not Ignore'

    'The vehicle was recorded parked on our client's property....etc.'

    Mentions that DVLA confirmed I am registered keeper. Mentions the 'Protection of Freedoms Act 2012'.


    Within that letter was 'The Creditor' identified - a statement such as 'The Creditor is.......'

    Nothing in the wording about the creditor.


    Hope this helps, and thanks again. :beer:

    Just struggling a bit with the 'Charge Notice Reminder' if it was sent just 6 days after the event. Are you sure it's not your 2nd letter from them?

    In a way it's a bit academic as you're some 6 weeks into this. You could try a soft appeal with a hope of hooking a POPLA code where you could probably quite easily win an appeal. However, as most PPCs know they're all on thin ice with POPLA when faced with a forum-assisted appeal, their reluctance to issue a code is becoming more widespread, and given you're beyond the timescales, it's unlikely the PPC will entertain this.

    So, this just leaves you to continue on the ignore track, put up with the likely trail of threatograms and ride this out.

    As I said anything resembling court papers, or even for a bit of moral support as events unfold, get back to us for further advice and help.

    HTH
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Buzby
    Buzby Posts: 8,275 Forumite
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    The sequence is 5 letters - so sit tight. There is a gap of 6 weeks between 4-5, and this is the discounted offer which you also ignore.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
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    It won't effect your credit rating as Highview are lying about taking you to court, put simply they never go there, here is the proof of it on this freedom of information request to the courts.

    My personal opinion on Highview and Tesco is that they are not allowed to issue a small claim, not saying that this will always be the case, but its highly unlikely to happen

    https://www.whatdotheyknow.com/request/small_claims_from_bpa_aos_member
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • fridge_raider
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    Umkomaas wrote: »
    Just struggling a bit with the 'Charge Notice Reminder' if it was sent just 6 days after the event. Are you sure it's not your 2nd letter from them?

    In a way it's a bit academic as you're some 6 weeks into this. You could try a soft appeal with a hope of hooking a POPLA code where you could probably quite easily win an appeal. However, as most PPCs know they're all on thin ice with POPLA when faced with a forum-assisted appeal, their reluctance to issue a code is becoming more widespread, and given you're beyond the timescales, it's unlikely the PPC will entertain this.

    So, this just leaves you to continue on the ignore track, put up with the likely trail of threatograms and ride this out.

    As I said anything resembling court papers, or even for a bit of moral support as events unfold, get back to us for further advice and help.

    HTH

    Yeah, sorry, I'm quoting the second letter demanding the full £70 charge. The first one I didn't have to hand, it's in my drawer at work.

    3 letters in total so far, I only scanned the internet briefly upon receipt of the first letter, saw all the 'ignore it' advice and didn't bother with further action. I wish now I'd looked into this forum and mounted the appeal early.

    Thanks very much for the help anyway, I'll certainly post any more developments. I can't believe how helpful you all are on this forum, and the effort you put in.
  • fridge_raider
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    Hi everyone, thanks again for your help. I just thought I would let you know that this has now been cancelled by Tesco customer services, following an email I sent to them detailing the events of the day and the reasons I felt the charges were unfair. They sent me a response within 2 days to apologise and cancel the charge.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
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    Well done on getting this cancelled :)
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
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