Highview Parking LTD and Debt Collection Plus LTD

give_them_FA

They would have an even tougher time trying to convince the Court they had any right to sue at all in respect of someone else's car park, in the light of V.C.S. v HMRC. Followed in VCS v Ibbotson.....

andrew-the-cat

Indeed - it would need to be Tesco who took you to court.

27col

ManxRed wrote: »

They are legally entitled to their actual losses incurred (provided they own the car park, but that's another issue again...), which in your case are zero.

They can ask for whatever they like, legally you owe them £0.00.

My thoughts exactly. It can go up to any figure you like to mention but, as you are not needing to pay it anyway, the level it goes up to is irrelevant.

andrew-the-cat

I cannot WAIT for the day when I get a "PCN" in my work car park. I know it is bound to happen one day, although for a site which supposedly has 24 hour patrols I have yet to see a single ECP employee there. Needless to say I will be firmly ignoring any letters they send me, and should my employer get involved I'll tell them to either cancel the invoice or they can shove their job. They've recently spent a LOT of money on training for me, so I doubt they'd want to lose me over a silly £40 invoice when I haven't caused them any actual losses.

malkyh

andrew-the-cat wrote: »

should my employer get involved I'll tell them to either cancel the invoice or they can shove their job. They've recently spent a LOT of money on training for me, so I doubt they'd want to lose me over a silly £40 invoice when I haven't caused them any actual losses.

Really? Are you sure?

A bit extreme if you ask me and with so many unemployed just now maybe not advisable to chuck in your job just like that. I'm sure you could be replaced very easily.

andrew-the-cat

It wouldn't be chucking in my job, because I know they would be on my side.

frustrated_motorist

Under the data protection act, can and should the DVLA be giving out details of the cars ?:(

ManxRed

There's many a lengthy debate on this on these forums and others on the internet.

They hide behind two words which are written on the documents you sign registering your vehicle with the DVLA - "reasonable cause".

This enables them to give your data to anyone demonstrating 'reasonable cause' for wanting it. This is supposed to be for the likes of the police or people taking legal action against motorists, etc.

However the DVLA have discovered that if they can tailor the term 'reasonable cause' to include PPCs tracking down car onwers so they can be harassed by them for money which is legally unenforceable, then they pocket over a £1M a year in fees. This is a powerful argument for the DVLA to twist this 'reasonable cause' argument as far as they think they can, but there are many fine people (some of whom post on here) who are making waves for the DVLA about what constitutes 'reasonable cause'.

The fight continues. A lot of us believe that yes, the DVLA twist this far beyond their remit and that they are effectively breaching the DPA, but it is an ongoing campaign. A recent ruling (HMRC vs VCS) gave us more ammo, so things are looking better than they used to, but there is still some way to go.

Coupon-mad

frustrated_motorist wrote: »

Under the data protection act, can and should the DVLA be giving out details of the cars ?:(

Here is how the DVLA attempt to excuse their behaviour:

http://www.dft.gov.uk/dvla/data/parking.aspx

Reads as if it's been written by the BPA = propaganda! :eek:

ntypeman

Hi people...

sorry to re-awaken a sleepy thread... We got a letter off these clowns last week having over-stayed on a retail park (you have to visit ALL the shops within 3 Hrs???) on 6th October.

Went shopping in an enormous Tesco superstore today & my 7 month old son kicked off his brand new shoe(s) unbeknown to us & we spent the best part of 90 minutes looking for it...!!!) and guess what... :mad: ME!!! The car park is enforced by the same clowns!!! I went back into the store & spoke to a duty manager but she said she couldn't do anything but should call the store when we get the letter... Best part is, I managed to evade the camera on the way out (I think!!!) so don't know what'll happen as the camera must have got us going in but it won't (shouldn't) have got us leaving!!! I felt such a rebel...!!! Are Tescos now saying that we must speed shop within 3 hrs (I know I know... My partner is a slow shopper... She loves looking around!!! but wasn't helped by our son losing his shoe...) Pick up your roller skates at the entrance to the store!!! :rotfl:

Reading your advice I have so far ignored the letter we received HOWEVER... On the back of the letter it says:

"NEW LAW EFECTIVE FROM 1st OCTOBER 2012

The "Protection of Freedoms Act 2012" came into force on 1st October 2012. Schedule 4 of the act sets out changes in legislation in England & Wales regarding parking on private land and the rights and obligations of drivers & vehicle keepers, as well as the provision for a new independant appeals process. Full details of the new legislation can be found at (www). legislation.gov.uk or alternatively fact sheets can be found on the Department for Transport and the Home Office websites."

(Sorry... being a newbie I can't post links to websites hence how I've done it)

I've had a look through the legislation website but not being a "legal beagle" I can't make head nor tail of it...!!!

I haven't contacted Highview directly but did contact our local free paper to see what they had so say. I think they were going to call Highview on our behalf. That was Friday & they haven't gotten back to us yet...

In the meantime, what are anyones thoughts on "Protection of Freedoms Act 2012"??? Is it a load of bull or not???

Thanks

Eric