highview parking charge

Coupon-mad

RBSB wrote: »

Thanks Coupon-mad, just there to identify it among the rest, will remove before sending. You don't think there's any issue with referring to BVRLA info for dealing with fines and passing on to a hirer when I am saying this is NOT a fine?

Half_way, the fee seems to be for over-staying their time limit. The car park does have large bright signs in place now but didn't (or I didn't see them) on 20th December.

No I don't think that's a problem - I see what you mean but I think it just shows the Lease firms' Trade Body has also got it a bit wrong in terms of the wording, but they have the correct approach to it, effectively 'pass on the driver's details and wash your hands of it' is what Lease firms should be doing, not treating it like a real PCN.

RBSB

FOR ANYONE WHO CAN USE REFERENCES TO BPA guidance to operators (PPC) in Scotland;


I am now in receipt of your letter dated 29th January 2013 regarding your administration charge applied to my Father's account with you relative to a 'speculative invoice' received from a private Parking company, Highview parking.

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 not very credible. It follows, then, that Lex Autolease 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 on the need to simply pass on the notices from private parking companies.

No administration charge is, therefore applicable, Lex Autolease cannot arbitrarily decide to treat Private Parking companies' invoices in the same manner as fines or council penalty notices. This is not outlined in your terms and conditions at 8.;

· 8. STATUTORY REQUIREMENTS States;

(b) 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.

So, that clause does not apply to private invoices and hence the only breach of the terms of the lease agreement, is yours and I expect a full refund to be credited to my Father's account in respeect of the administration charge levied. It is unreasonable and outwith the terms and conditions agreed to by him. My Father is, therefore entitled to expect a full refund to his account.
The ticket to which you refer was not issued under any legislation or law whatsoever. Nor is it a fixed penalty notice/ excess charge, nor a fine. You are not required to pay it, terms above underlined specify that an administration charge applies when you are required to pay any legitimate charge or fine, I repeat, this is not any such thing and you are not required to pay it regardless of whether it is or not.

The Protection of Freedoms Act 2012 referred to both by Highview Parking and by you applies in England and Wales. Even if it is relevant in Scotland by virtue of the fact that both companies operate from within England and Wales, (despite the retail park being in Scotland) that does not allow the company to recover payment from you, the Registered Keeper unless the driver is not able to be contacted. In this regard, there is no requirement for you to pay (were the charge legitimate) as I am in correspondence with Highview Parking and will continue my dispute with them, not you. Your obligation in this matter was fulfilled when you forwarded the notice received to my Father, your customer and the hirer.

Tort Law-trespass, incidentally, deals with recompense for actual harm done or injury / loss caused to the landowner. There has been no injury, harm or damage, financial or otherwise (suffered or cited) neither by Highview Parking nor the Landowner. I have been passed no information relating to actual loss suffered or claimed to have been suffered. Please note the following guidance for private parking companies in Scotland from the British Parking Association (BPA) code of practice, Scotland;

34.6 Setting parking charges for breach of contract is a matter for operators. These charges will be reviewed every April by the AOS board. If the driver breaks the contract, for example by not paying the tariff/fee or by staying longer than the time paid for, or if they trespass on your land, they may be liable for parking charges. These charges must be shown clearly and fully to the driver on the signs which contain your terms and conditions. The amount of the parking charge that the driver is being asked to pay must be based on a genuine pre-estimate of the loss you suffer, resulting from the breach of contract or act of trespass.

And further;

37.6 A parking ticket may be challenged on the grounds that the vehicle was on hire or lease at the time the unauthorised parking took place. If the rental or lease customer's details have been provided to you by the hire or lease company you should pursue your claim instead with their customer.

To summarise,
l I am the driver.
l I have contacted Highview Parking.
l I am in dispute with Highview Parking.
l You have done all that is required in forwarding mail.
l You have no further obligation or interest in this matter.
l You have no right, per terms and conditions to charge your customer