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  • FIRST POST
    • jennifernil
    • By jennifernil 3rd Oct 16, 11:00 AM
    • 4,924Posts
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    jennifernil
    Highview Parking
    • #1
    • 3rd Oct 16, 11:00 AM
    Highview Parking 3rd Oct 16 at 11:00 AM
    Have read the "newbies" thread, so understand it is important not to identify the driver or give any personal info on here, so can I start by asking whether it is OK to talk about this "incident" using "we" and "us" to refer to the occupants of the vehicle?
Page 1
    • Carthesis
    • By Carthesis 3rd Oct 16, 11:03 AM
    • 445 Posts
    • 783 Thanks
    Carthesis
    • #2
    • 3rd Oct 16, 11:03 AM
    • #2
    • 3rd Oct 16, 11:03 AM
    I think you should try to avoid it.

    I'd refer to "the driver" and "the passenger(s)" if it were me.

    It's only Highview anyway. If you've had a postal NtK through from ANPR cameras, scrutinise it and locate the reasonss why it is likely non-compliant with POFA2012, and invite them to cancel it before you take their laughable attempt to defraud you further.
    • Coupon-mad
    • By Coupon-mad 3rd Oct 16, 11:04 AM
    • 40,408 Posts
    • 52,292 Thanks
    Coupon-mad
    • #3
    • 3rd Oct 16, 11:04 AM
    • #3
    • 3rd Oct 16, 11:04 AM
    Yes that's fine to say 'we' on here in your first post - good first question, you have to play the game to win. Highview PCNs cannot hold a keeper liable as you may have seen on the other thread your posted on. Hence why a keeper appeals!

    As Carthesis says, in your actual appeal, stick to the third person.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • jennifernil
    • By jennifernil 3rd Oct 16, 12:37 PM
    • 4,924 Posts
    • 2,033 Thanks
    jennifernil
    • #4
    • 3rd Oct 16, 12:37 PM
    • #4
    • 3rd Oct 16, 12:37 PM
    Thanks.

    So.....we have this "charge notice", we have compared it with POFA2012, but are not sure exactly on which grounds it is non-compliant

    It states "the vehicle was recorded on our client's property at"........ and then gives the name of, presumably, a car park, no address, so we initially had no idea where it referred to.

    It gives the date (09/09/2016) and alleged entry and exit times.

    It shows 2 photos of a car which they say show this car entering and leaving this car park, the photos show no means of identifying the location.

    It states "the recorded duration of the stay was 30 minutes, and we do not have any evidence that a sufficient parking payment was made for this vehicle to cover the full duration of the visit"

    It then goes on to say .......

    "In accordance with the Terms and Conditions clearly and prominently displayed and agreed to when your vehicle parked on our Client's property, the payment of £100.00 is required within 28 days from the date of this Notice........."

    Followed by other stuff on discount, and request to identify driver as they do not know who was driving, and the reference to "Parking Eye v Beavis"

    The date of the notice is given as 15/09/2016.

    I think this is a pretty standard Highview "charge notice".

    On the back it has info on "how to make a payment"

    Info on " appeals and complaints procedure"

    It states "how to contact us"

    And at the bottom there is a "charge notice payment slip"

    stating "TO; Highview Parking Ltd" and a PO box address.

    We believe that the car park in question may be the one referred to in this thread......

    http://forums.moneysavingexpert.com/showthread.php?t=5528215

    and like the OP there, we had no idea that it was a "paying car park", for the want of a better description. We did not see any of the claimed signage.

    We live in Scotland, were on an extended holiday, just passing through the area and stopped to shop at Lidl, we have the Lidl receipt. As far as we can remember, there were a few other retailers served by the same car park.

    Have shopped in Lidl stores all over UK and Europe and never come across one where we had to pay to park.

    We just arrived home yesterday afternoon to find this among the accumulated mail, so we are almost out of time on this.

    Above and in the other thread, Carthesis, you said that the Highview "charge notice" is non-compliant, so we would appreciate any pointers you, or any othe poster, can give us on this.
    • Coupon-mad
    • By Coupon-mad 3rd Oct 16, 12:51 PM
    • 40,408 Posts
    • 52,292 Thanks
    Coupon-mad
    • #5
    • 3rd Oct 16, 12:51 PM
    • #5
    • 3rd Oct 16, 12:51 PM
    We live in Scotland,
    Doesn't matter then about identifying the non-compliance! It is non-compliant with ENGLISH law (POFA 2012) but you have the trump card.

    YOU are out of jurisdiction for the English county court and the POFA 2012 does not apply in Scotland or to people living in Scotland.

    So, send the usual template from the NEWBIES thread (blue writing, please do not repeat it here - drives us mad!). You can add a line or two, saying that:

    ' As you can see, we stay in Scotland and we are aware that the POFA 2012 does not apply to us and we are out of jurisdiction for English Courts. We are also aware that, because the event alleged was in England, we can still have a POPLA code if you do not cancel. We strongly advise this is cancelled as you cannot win against a Scottish registered keeper appellant. '

    DO NOT add anything silly suggesting who parked. You win, hands down!
    Last edited by Coupon-mad; 03-10-2016 at 12:54 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Carthesis
    • By Carthesis 3rd Oct 16, 3:19 PM
    • 445 Posts
    • 783 Thanks
    Carthesis
    • #6
    • 3rd Oct 16, 3:19 PM
    • #6
    • 3rd Oct 16, 3:19 PM
    http://forums.moneysavingexpert.com/showpost.php?p=71117396&postcount=4

    The above is a link to my letter to Highview, explaining where I found their NtK to be non-compliant. Feel free to use as references / template, but be aware that the exact circumstances will not match yours, hence you should take care to adjust accordingly if you use it.

    As C-M says - you live in Scotland, so you *CAN* just ignore them and their increasingly-hysterical letters begging for money. Depends if you want to have the hassle, or whether you want the quiet life.

    Also, I note the NtK states "we do not have any evidence that a sufficient parking payment was made for this vehicle to cover the full duration of the visit" - well then tough. The onus is on them to prove you *DIDN'T* pay to justify the charge. You could simply respond "I paid." and then they'd be stuffed if they don't have any evidence one way or the other.

    Ignore the PE vs Beavis link - it doesn't apply as you're (seemingly) in a PnD carpark. Beavis was not - it was "three hours free for customers" type affair, so not applicable to your situation.

    Although - again - living in Scotland means you can just ignore this.
    • jennifernil
    • By jennifernil 3rd Oct 16, 4:56 PM
    • 4,924 Posts
    • 2,033 Thanks
    jennifernil
    • #7
    • 3rd Oct 16, 4:56 PM
    • #7
    • 3rd Oct 16, 4:56 PM
    Many thanks to both of you, we did wonder if the " we live in Scotland" bit would make a big difference as I had read something about that on the forum.

    Will get an e mail off to them this evening with the "blue text" plus the additional info as suggested.

    Then wait to be hassled by them....we can take it!

    Thanks again.
    • Coupon-mad
    • By Coupon-mad 3rd Oct 16, 8:17 PM
    • 40,408 Posts
    • 52,292 Thanks
    Coupon-mad
    • #8
    • 3rd Oct 16, 8:17 PM
    • #8
    • 3rd Oct 16, 8:17 PM
    You can do POPLA and quash this as well, as it took place in England. So have fun & come back when perfecting your POPLA wording.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • jennifernil
    • By jennifernil 4th Oct 16, 12:43 AM
    • 4,924 Posts
    • 2,033 Thanks
    jennifernil
    • #9
    • 4th Oct 16, 12:43 AM
    • #9
    • 4th Oct 16, 12:43 AM
    Slight problem, there is no regular e mail address on the form. Using the online appeal you have to tick to agree either that you were the driver or to confirm that you were not the driver. Without doing this you cannot progress to the appeal bit.

    So looks like we will have to post it, does it need to go recorded, or is proof of posting enough?
    • Coupon-mad
    • By Coupon-mad 4th Oct 16, 1:18 AM
    • 40,408 Posts
    • 52,292 Thanks
    Coupon-mad
    We've seen that mentioned before, it is nasty and a trap. Yes, you can post it (2nd class stamp but with a free 'certificate of posting' receipt from your PO Counter). Not recorded or special delivery, nor just popping it in the postbox on street. Go into the PO and get a cert/receipt.

    Keep the proof of posting stapled to a printed copy of the exact appeal and give them 35 days to respond as set out in the BPA code of practice.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Carthesis
    • By Carthesis 4th Oct 16, 10:17 AM
    • 445 Posts
    • 783 Thanks
    Carthesis
    The other option - which I have used - is to tick to confirm you weren't the driver, and then if it ever comes up, just state that you are unable to recall who the driver was, and the form gave no other options such as appealing as Registered Keeper.

    Personally - and this may just be me as I like bits of paper, despite being a techno-person - I prefer to handle all correspondence on these matters by physical letter. It's very very very hard to argue with an actual signed bit of paper with a proof of postage receipt stapled to it.
    • surveyor_101
    • By surveyor_101 4th Oct 16, 10:41 AM
    • 92 Posts
    • 77 Thanks
    surveyor_101
    Are these guys anything to do with horizon?
    • jennifernil
    • By jennifernil 4th Oct 16, 8:26 PM
    • 4,924 Posts
    • 2,033 Thanks
    jennifernil
    Letter now sent to Highview and receipt for posting obtained.

    We had also sent an e mail to Customer Services at Lidl enclosing receipt for shopping, stating we are regular Lidl customers etc, and requesting they arrange to have the Charge Notice cancelled, but have today received what I understand to be their fairly standard, unhelpful reply.....

    Re: Parking Charge
    Thank you for your recent communication regarding the parking charge issued to you.
    In order to ensure that adequate parking spaces are available at all times for our customers, Lidl has employed a third-party contractor to monitor and control our car parks.
    I Can advise you to contact the Car Park Company directly as advised at the back of the charge, they will deal with your appeal. Should you require any further assistance please do not hesitate to contact us again.
    Thank you once again for your contact
    Yours sincerely,
    For and on behalf of Lidl UK GmbH


    Karen Johnstone
    Customer Service

    [T] + 44 (0) 370 444 1234/ 0800 977 7766
    [E] customer.services@lidl.co.uk

    Follow us on Facebook and Twitter. For more information on our
    #LidlSurprises advertising campaign visit lidl.co.uk/surprises



    We see they have a new CEO, time now to e mail him presumably?

    • beamerguy
    • By beamerguy 4th Oct 16, 8:38 PM
    • 4,115 Posts
    • 4,724 Thanks
    beamerguy
    Letter now sent to Highview and receipt for posting obtained.

    We had also sent an e mail to Customer Services at Lidl enclosing receipt for shopping, stating we are regular Lidl customers etc, and requesting they arrange to have the Charge Notice cancelled, but have today received what I understand to be their fairly standard, unhelpful reply.....

    Re: Parking Charge
    Thank you for your recent communication regarding the parking charge issued to you.
    In order to ensure that adequate parking spaces are available at all times for our customers, Lidl has employed a third-party contractor to monitor and control our car parks.
    I Can advise you to contact the Car Park Company directly as advised at the back of the charge, they will deal with your appeal. Should you require any further assistance please do not hesitate to contact us again.
    Thank you once again for your contact
    Yours sincerely,
    For and on behalf of Lidl UK GmbH


    Karen Johnstone
    Customer Service

    [T] + 44 (0) 370 444 1234/ 0800 977 7766
    [E] customer.services@lidl.co.uk

    Follow us on Facebook and Twitter. For more information on our
    #LidlSurprises advertising campaign visit lidl.co.uk/surprises



    We see they have a new CEO, time now to e mail him presumably?

    Originally posted by jennifernil
    Interesting, Lidl are normally helpful but this Karen Johnstone of
    Customer Service appears to think that customers who spend money are trash ??

    There is a new CEO at Lidl ... Christian Hartnagel

    This calls for a double complaint to the CEO
    1: About the parking ticket
    2: Asking why Karen Johnstone is treating you like trash ?

    Demand as a customer that the charge be cancelled
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Carthesis
    • By Carthesis 4th Oct 16, 8:40 PM
    • 445 Posts
    • 783 Thanks
    Carthesis
    We had also sent an e mail to Customer Services at Lidl enclosing receipt for shopping, stating we are regular Lidl customers etc, and requesting they arrange to have the Charge Notice cancelled, but have today received what I understand to be their fairly standard, unhelpful reply.....
    Originally posted by jennifernil
    I'd start out by emailing her back, telling her you've submitted an appeal to the PPC already, but that you'd appreciate if she, and her company, would also intervene on your behalf to protect the custom from a valued customer. You understand the need for space management in car parks etc., but you were (and still are, for now!) a genuine customer and you don't see why you should be forced to pay an outrageous "charge" etc. etc.

    Then see what response you get. You can always get the CEO afterwards.

    Highview will normally back down anyway. They're !!!!!cats.
    • Coupon-mad
    • By Coupon-mad 4th Oct 16, 10:44 PM
    • 40,408 Posts
    • 52,292 Thanks
    Coupon-mad
    Letter now sent to Highview and receipt for posting obtained.

    We had also sent an e mail to Customer Services at Lidl enclosing receipt for shopping, stating we are regular Lidl customers etc, and requesting they arrange to have the Charge Notice cancelled, but have today received what I understand to be their fairly standard, unhelpful reply.....

    Re: Parking Charge
    Thank you for your recent communication regarding the parking charge issued to you.
    In order to ensure that adequate parking spaces are available at all times for our customers, Lidl has employed a third-party contractor to monitor and control our car parks.
    I Can advise you to contact the Car Park Company directly as advised at the back of the charge, they will deal with your appeal. Should you require any further assistance please do not hesitate to contact us again.
    Thank you once again for your contact
    Yours sincerely,
    For and on behalf of Lidl UK GmbH


    Karen Johnstone
    Customer Service

    [T] + 44 (0) 370 444 1234/ 0800 977 7766
    [E] customer.services@lidl.co.uk

    Follow us on Facebook and Twitter. For more information on our
    #LidlSurprises advertising campaign visit lidl.co.uk/surprises



    We see they have a new CEO, time now to e mail him presumably?

    Originally posted by jennifernil
    That's because you emailed their CS team, instead of the CEO as we recommend. Look, it is this easy to get these cancelled:

    http://forums.moneysavingexpert.com/showthread.php?t=5529468

    HTH
    Last edited by Coupon-mad; 05-10-2016 at 12:29 AM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • jennifernil
    • By jennifernil 13th Oct 16, 3:03 PM
    • 4,924 Posts
    • 2,033 Thanks
    jennifernil
    Well, we did e mail Lidl again, rather more forcefully, but have not as yet received any reply.

    However, the good news is that the appeal (template letter + the Scotland bit) to Highview has been upheld, letter arrived from them today cancelling the charge.

    Thanks again for the help.
    • Carlo Hossack
    • By Carlo Hossack 3rd Nov 16, 9:49 AM
    • 1 Posts
    • 0 Thanks
    Carlo Hossack
    Highview administer a car park in Tenby " Rectory Fields" The land is owned by St Mary's Church.
    They use machines which take cash and or credit cards.
    On the 27th of Sept 2016. I used the machine to pay a parking fee of £3.00. Machine had a notice Card Payments Only" Used my debit card to pay and machine issued a ticket. A month on received a charge notice, stating vaguely I had failed to pay!
    Bank statements did not show any debit and by this time the ticket had been thrown away.
    Strong appeal launched, I had a car full of witnesses.
    Being tenacious various enquiries disclosed the interface on the card payments relies on a mobile phone network which is known to be unreliable. Hence no link made to the bank.
    I have short circuited the company and liaised with the property agent, a Tenby Estate Agent.
    Hopefully resolving the debacle, but how many people have fallen foul of this specific problem?
    Clearly the Agent and Highview new of the problem, but continue to use the devices. This is a classic example of MALADMINISTRATION. If I hear any more from this corrupt organisation by way of threat I propose to take action against them in the Civil Courts.
    Incidentally to show good faith I forwarded £3.00. The cost of the alledged unpaid parking. Clearly the church needs the funds.
    • Umkomaas
    • By Umkomaas 3rd Nov 16, 10:15 AM
    • 10,968 Posts
    • 16,372 Thanks
    Umkomaas
    Highview administer a car park in Tenby " Rectory Fields" The land is owned by St Mary's Church.
    They use machines which take cash and or credit cards.
    On the 27th of Sept 2016. I used the machine to pay a parking fee of £3.00. Machine had a notice Card Payments Only" Used my debit card to pay and machine issued a ticket. A month on received a charge notice, stating vaguely I had failed to pay!
    Bank statements did not show any debit and by this time the ticket had been thrown away.
    Strong appeal launched, I had a car full of witnesses.
    Being tenacious various enquiries disclosed the interface on the card payments relies on a mobile phone network which is known to be unreliable. Hence no link made to the bank.
    I have short circuited the company and liaised with the property agent, a Tenby Estate Agent.
    Hopefully resolving the debacle, but how many people have fallen foul of this specific problem?
    Clearly the Agent and Highview new of the problem, but continue to use the devices. This is a classic example of MALADMINISTRATION. If I hear any more from this corrupt organisation by way of threat I propose to take action against them in the Civil Courts.
    Incidentally to show good faith I forwarded £3.00. The cost of the alledged unpaid parking. Clearly the church needs the funds.
    Originally posted by Carlo Hossack
    If you're determined to follow through with court action you should read this recent case.

    http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
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