Highview Parking and Protection of Freedoms Act 2012

KayDare84

Hi,

I have a Charge Notice from Highview Parking and I see lots of people saying ignore the letter.

It states the law changed 1st Oct 2012 - has this had any affect to the advantage of Highview? Am I ok to keep ignoring?

Has anyone had bailiff's or CCJs as a result of ignoring Highview?

Thanks
Kay

SodG24

KayDare84 wrote: »

Hi,

I have a Charge Notice from Highview Parking and I see lots of people saying ignore the letter.

It states the law changed 1st Oct 2012 - has this had any affect to the advantage of Highview? Am I ok to keep ignoring?

Has anyone had bailiff's or CCJs as a result of ignoring Highview?

Thanks
Kay

Continue to ignore them. POFA only gave them the right to hound the Registered Keeper as well as the driver. Nothings really changed.

The only way you'll get a CCJ is if they take you to court ( which they won't ), you lost ( which you wouldn't ) and if you didn't pay what the judge said ( which you would ). Then and ONLY then could bailiffs become involved.

KayDare84

Hi,
Thanks for you quick reply.

If it did come to court, who would take me to court? The land owner, Highview Parking or the debt collection agency that Highview sell unpaid debts to?

Thanks
Louis

ManxRed

They could (under certain criteria) hound the registered keeper for the same money as the driver would have been liable.

As this is, legally speaking, zero, then it changes very little indeed.

ManxRed

KayDare84 wrote: »

Hi,
Thanks for you quick reply.

If it did come to court, who would take me to court? The land owner, Highview Parking or the debt collection agency that Highview sell unpaid debts to?

Thanks
Louis

The landowner won't want to. Highview might want to, but the crux of the matter is that only the landowner can bring a legitimate legal claim. Any claim from Highview would be easily seen off, and they know it.

The Debt Collector cannot bring a claim unless they legitimately buy the debt, which (a) we've never seen done properly before and (b) they'd be foolish to do that as the debt is legally zero.

The_Slithy_Tove

This is deja vu! I'm sure I've seen almost exactly this thread several times just this week, with the same initial questions and even the same follow-ups.

Coupon-mad

KayDare84 wrote: »

Hi,

I have a Charge Notice from Highview Parking and I see lots of people saying ignore the letter.

It states the law changed 1st Oct 2012 - has this had any affect to the advantage of Highview? Am I ok to keep ignoring?

Has anyone had bailiff's or CCJs as a result of ignoring Highview?

Thanks
Kay

In the time it took you to type out 'Protection of Freedoms Act' as your title, you could have searched the forum instead. You must have missed this thread and the HUNDREDS of others on the subject:

http://forums.moneysavingexpert.com/....php?t=4360185

The new law has been discussed to death on here for more than 2 years ever since it was first put forward as a Bill. But that thread is one of the more recent ones.

And no, of course no-one has had bailiffs or CCJs as a result of ignoring Highview's impersonations of parking tickets. Read the forum, any threads on here about any private parking company. Same old advice given day after day...you'll soon see what we mean when you read the forum threads.

HTH

KayDare84

Well it's been a year since the ticket and about six months since I last heard from Highview. I returned the last letter with "return to sender on the envelope". I am assuming they have given up chasing me!

Coupon-mad

We don't recommend returning letters like that...Highview are not litigious but then ParkingEye (generally) weren't, as far as ordinary ignorers were concerned, this time last year. You are always best to keep the whole letter chain just in case - people who have kept their old ParkingEye letters are in a better position to defend court cases than those who blithely binned or returned them. And a firm has up to six years to consider small claims - what if lots of PPCs decided to have a punt in large numbers? We can't assume.

If you get any more letters, then keep them, but complain to Fforestfach Centre Management and to the CEO of the stores, about the harassment of a paying customer.