Tesco - Highview Parking June 2013

malkie76

You can see why I'm struggling with the point of the appeal process.
To be honest, I'd sooner pay £40 than bother with any paperwork - I appreciate that plays directly into their favour, but for me I'd rather ignore or pay up.

Saying that, I've typed up 4 responses on this thread already!

Thanks for the assistance.

Stroma

Well you are playing into their hands then, if you are happy to be ripped off by companies you might as well walk around with mug on your back, i'm sorry if that sounds a bit harsh but its a fact.

Another fact is that once you start paying these companies they will target payers with other fictional parking infringements because they know you are likely to pay.

We can only advise what the realities of this is, if you can't be bothered to even write a few letters, then you might as well pay the scammers, and be done with it, because frankly I am not going to waste time here if you are simply going to pay, there are others who won't pay after the advice from the users here.

malkie76

Ok, I'm more than happy to fight back, if only to avoid being on a 'easily mugged' list.

However, I still don't get the purpose of the appeal process. You suggested above that the law has changed, but if ignoring them has the same bottom line outcome, why bother with any letter writing ?

Does it offer some advantage? It just appears to be to validate the charge.

I must be missing something

Stroma

Yes it does offer some advantages, if it went to popla and you won that's the end of the matter, it costs them £27+vat to use and its binding for them. In theory if you don't pay and ignore then they could back in 5 or 6 years with a claim.

The purpose if the appeal is to get these companies off your back on this situation permanently

malkie76

I do like the idea of them paying money to take things further.
I assume many claims end at this point because the parking firm don't want to pay out?

Stroma

There is some evidence of that, there is also plenty of evidence of them being obstructive in giving codes out, and people have asked plenty of times for it. Here is one such person, read his blogs. The latest is about your new found friends

http://parking-prankster.blogspot.co.uk/2013/05/highview-parking-spurred-into-immediate.html

malkie76

But if they don't give a code out then it's game over.
If I'm clear in my letter to them as you've indicated above, I can ignore all letters from them. If it ever went to court I'd win due to the lack of POPLA case.

My underlying concern is that I am at fault for the length of time in the car park. I can't imagine what defence I'd have in an appeal process!

Thanks again!

surfboy1

malkie76 wrote: »

But if they don't give a code out then it's game over.
If I'm clear in my letter to them as you've indicated above, I can ignore all letters from them. If it ever went to court I'd win due to the lack of POPLA case.

My underlying concern is that I am at fault for the length of time in the car park. I can't imagine what defence I'd have in an appeal process!

Thanks again!

You say you are "at fault" for overstaying. Were you a customer at the store? spending money? If so ,what fault have you caused?
and why do you think that your "overstay" at a store car park gives the PPC the right to demand you pay them £40 or whatever the charge is?
If your overstay caused the store a loss then you might owe the store the value of the loss caused!
Was it a free car park? If so what loss have you caused the store?:)

nigelbb

malkie76 wrote: »

My underlying concern is that I am at fault for the length of time in the car park. I can't imagine what defence I'd have in an appeal process!

Your defence is that Highview have no right in law to charge these outrageous amounts for non-compliance with their own made up parking rules. Under English contract law any damages claimed for breach of contract must be a genuine pre-estimate of losses (in a free car park these will be around zero) & cannot be a penalty.

Let's say I stay at a hotel that costs £50/night now if I don't check out but stay in my room another night the most that I can be charged is another £50. The hotel cannot charge me £1000 if I overstay another night even if they put up a sign in reception claiming they can.

malkie76

I was there for hours, and only went shopping upon return to my car. That's why I see myself as being at fault - I spent money, I was a customer, but I used their car park to do non Tesco related activites.

I do appreciate the input folks!