Highview Parking Ltd -Charge Notice - Scotland

ManxRed

RBSB wrote: »

Leasing company replied-summary=If appeal is successful, will be able to credit admin fee charged to Dad's account.

This rather depends on what the language is in your Dad's lease with regard to parking tickets and admin fees. Get the exaqct language.


Oh! Stroma's beaten me to it!

RBSB

'You will pay to us any charges penalties or fines under the Road Traffic Act 1974 or any similar Act for which a Summons (or that which supersedes it) may be made against the Vehicle or us in respect of a fixed penalty notice or an excess charge or any other breach of the Law arising out of use of the Vehicle during the Term. In the event we are required for whatever reason to pay such charges fines or penalties then you shall on demand reimburse us for all such amounts together with a reasonable administration charge which we will tell you from time to time.'

ManxRed

Bingo!

The ticket you are speaking to them about was not issued under any legislation or law whatsoever. Nor is it a fixed penalty notice, nor a excess charge, nor a fine, nor a penalty.

So that clause does not apply to private invoices and hence they have breached the terms of the lease agreement, and they owe your Dad a refund.

Stroma

Yep send them a letter with a copy of that text, if they don't issue a refund tell them you will sue them as they have broken the terms of lease. Don't ask demand the money back.

RBSB

Thanks guys, this was the wording I quoted when writing to them. their reply is as above referencing Civil Law, trespass and breach of contract then finally stating they treat private parking notices with the same integrity as fines issued by councils.

Stroma

RBSB wrote: »

Thanks guys, this was the wording I quoted when writing to them. their reply is as above referencing Civil Law, trespass and breach of contract then finally stating they treat private parking notices with the same integrity as fines issued by councils.

No they cannot unless its specifically on their T&Cs , saw another thread with a similar reply so it's probably the same leasing company. All this civil law junk and breach of contract garbage is exactly that, if its not on their terms and conditions of lease they by charging are in breach of the agreement.

They are obviously not listening so send them a letter with that text highlighted, tell them that they cannot treat an invoice like this as a fine or penalty, and if there is not a refund forthwith from them you will take legal action against them.

RBSB

Cheers for your contribution!

Coupon-mad

RBSB wrote: »

Thanks guys, this was the wording I quoted when writing to them. their reply is as above referencing Civil Law, trespass and breach of contract then finally stating they treat private parking notices with the same integrity as fines issued by councils.

As well as going against your car t&cs, they are also going against the industry guidelines from the BVRLA.

LINKY

See the bit about the Protection of Freedoms Act and the recommended action being simply to pass on the driver's details to gain zero liability for the Fleet/Lease co.

I would tell them that and say, ''With respect, the statement 'On a final note, we treat parking issued notices with the same integrity as fines issued by councils' is naive at best and asking to be scammed. It follows, then, that the Fleet would therefore take seriously ANY letter on headed notepaper from ANY firm which mentioned any local car park and one of their cars...clearly this is not the best policy when the BVRLA already gives very straightforward advice.''

Mrs_Scrooge_2

Not had any further letters since the one around 10th Jan, so hopefully this means they've accepted that they were wrong about the alleged 22 hour stay? Anyway I know not to worry if we do get any more!

tomba_2

AltheHibby wrote: »

My friend appealed to this mob and, not surprisingly, it was rejected.

He now knows the way forward and why he should ignore future attempts to extract his money. The only problem is that he posted the cheque last night.

My question to Coupon-mad, Alexis etc is: What should he say to the bank tomorrow morning when he tells them to stop the cheque? I thought that something like" I have been made aware since sending the cheque that I do not legally owe this amount and that I need it to be cancelled"

Also, should he phone/e-mail and tell them it's been stopped and offer to pay any actual parking fee that should have been paid (it was Livingston)? Please note, I don't care about any inconvenience I cause them, I just want to occupy the moral high-ground.

Grateful for a reply from the respected posters. (No oinkers or hasbeens please!)

Quick edit: Despite being in Scotland it mentions POPLA. Sadly, it does state that POPLA only applies in England and Wales. Drat, I thought I had them for a minute!

Well.........i know of two people who are at the second Debt Recovery Plus Ltd letter (same people as Highview...different address)...and it quotes "Registered in England and Wales" and "may issue County Court proceedings" :eek: Oops!
We do NOT have County Courts in Scotland....and they're NOT registered in Scotland....just like all the other scam emails and letters I get I'm ignoring it (as is my friend). I didn't see any signage....there are no meters (FREE CAR PARK). BUT i'll not be going back to Currys/Halfords/Maplins/Argos as i did that day in Livingston :T