Highview Parking Ltd -Charge Notice - Scotland

Maciver22

Hi I just got the exact same letter stating I must pay this within 14 days for it to be £50 and all that carry on when I first got it I thought Ye right what right have they got aw well suppose I'll have to pay it then I thought no that's not right and looked it up and here I am all these people sayin to ignore it guess what I'm gonna do just that since when do u get charged £75 or £50 for a parking tickets robbing F*****s until I get a notice from the police sayin I need to pay it DO ONE haha thanks for letting me know bout this scam

Coupon-mad

Good, another newbie has found out the truth about this scam.

See my signature, click where it says on the breadcrumb trail top of this page (blue small writing >link>chain). You will then see the current thread list about parking - almost all of which talk about this type of scam as there are lots of companies fleecing people in this way with fake PCNs.

Read the second one 'PPC letters & threats', watch the Watchdog clip and check out the letters to ignore from your fave PPC. Play snap with each letter and tell your friends & family about this con as well.

pogofish

Maciver22 wrote: »

until I get a notice from the police sayin I need to pay it DO ONE haha thanks for letting me know bout this scam

You won't - This is a totally civil matter, so dinnae hud anything that might turn you blue!

AltheHibby

Buzby, my point was that it's contract law and therefore the same across the UK. Thanks for your comment.

nso11

Hi there
I too received a charge notice from HighView for at the Livingston,Scotland, retail park, for parking over the 'restriction' in the car park at Pets at Home, Hobbycraft, etc.

Again, they say pay £75, or if paid earlier, then drops to £50.

I dont recall seeing any notice at the car park informing customers of the so-called restriction in Jul 2012.

Can anyone else who uses the car parks in Livingston shopping area, remember seeing any signs displaying the notice and warning customers of the charge if exceed length of time of stay, in this car park?

I am 100% sure there was nothing on display (at the time.)

They claim to have signs up (now?!)

They got my details from the DVLA.

ps - I wasnt even driving at the time.

Anyone able to help and advice re what to do with this suspicious charge?

many thanks

Half_way

Parking over the restriction?? is that some arbitary time limit to go with the arbitary out of proportion fee?

Ignore it, signs or no signs it makes no difference, just out of interest does
it mention anything about balifs?

As for the who was driving issue, it makes no difference, if you were driving you should be honest about it, if you werent then so be it.

nso11

Thank you.

No mention of bailiffs yet, but I'm sure it will come in the form of a threatening letter or several.

Stephen_Leak

nso11 wrote: »

Hi there
I too received a charge notice from HighView for at the Livingston,Scotland, retail park, for parking over the 'restriction' in the car park at Pets at Home, Hobbycraft, etc.

Again, they say pay £75, or if paid earlier, then drops to £50.

I dont recall seeing any notice at the car park informing customers of the so-called restriction in Jul 2012.

Can anyone else who uses the car parks in Livingston shopping area, remember seeing any signs displaying the notice and warning customers of the charge if exceed length of time of stay, in this car park?

I am 100% sure there was nothing on display (at the time.)

They claim to have signs up (now?!)

They got my details from the DVLA.

ps - I wasnt even driving at the time.

Anyone able to help and advice re what to do with this suspicious charge?

many thanks

Only councils, the police, some train operators and Transport for London can issue legally enforceable fines or penalties. A private ticketing company can't. What they issue are “speculative invoices”.

Any warning signs are usually so badly positioned and worded, that they won’t have created a fair and legally binding deemed contract with a driver entering the car park in the first place. See The Unfair Contract Terms Act 1997 and Excel Parking Services vs. Cutts, Stockport, 2011.

All the car park owner can claim from a driver in damages for an alleged breach of a contract is what they’ve lost as a result. If it’s in a free car park or the driver paid, this is £0.00. Demanding more has been judged to be unreasonable and, therefore, an unfair contract penalty under the terms of The Unfair Contract Terms Act 1997. See Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914 and countless cases since.

There are also now landmark court cases, VCS Parking Control vs. Ronald Ibbotson, S!!!!horpe, 2012, HM Revenue & Customs vs. VCS Parking Control, Lower Tax Tribunal, 2012 and VCS Parking Control vs. HM Revenue & Customs (Appeal), Upper Tax Tribunal, 2012. In these cases, the judges ruled that only the car park owner can charge for parking and take alleged offenders to court. The Upper Tax Tribunal is equivalent to the High Court and, therefore, its judgements set legal precedents.

We don’t condone not paying or overstaying in a pay car park. If you owe the car park owner the original charge, then you ought to write to them, offering this in “full and final settlement”.

In any event, you should write to the car park owner, advising them that they’re "jointly and severally liable" for the actions of their agents and that any further actions by either of them would be regarded as harassment under the terms of The Protection from Harassment Act 1997. This ought to make the car park owner call off the private ticketing company and, maybe, also realise the potential cost of doing business with them.

Don’t appeal to the private ticketing company. They always reject them. What’s in it for them to let anyone off?

The private ticketing company, then a debt collector and then a solicitor will send you a series of letters. The debt collector and solicitor are usually the same people, but using different headed paper. These letters will threaten you with every kind of financial and legal unpleasantness imaginable to try and intimidate you into paying.

The final and more unpleasant threats usually include mentioning that, if the case goes to court, a county court judgement (CCJ) will be issued, that bailiffs will be appointed and that your credit rating will be ruined. For things to actually get to this stage, the car park owner would have to take you to court and win the case. Then, you would have to refuse to pay, to get a CCJ issued after 28 days. Then, you would have to still refuse to pay, to get bailiffs appointed.

Continue to ignore everything you get from them. Eventually, they’ll run out of empty threats and stop throwing good money after bad.

nso11

Thank you so much. I feel a bit better. I'll brace myself for the onslaught of threats, and make paper planes with the letters as per the video.

livingstonc

Hi all,

Got reminder in from Highview Parking advising "Do Not Ignore" and full amount now due £75.00. If not paid within 14 days additional administration charge will be incurred (in nice red I may add).

Tried to upload, no luck.