Tesco - Highview Parking June 2013

nigelbb

malkie76 wrote: »

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

What loss did Highview &/or Tesco suffer because you parked there? None at all which is why they cannot claim any money from you. That's the law. These aren't fines or penalties passed by an Act of Parliament these are invoices from a private company.

The only way that they could have suffered a loss in a free car park would theoretically be for example if it was Xmas & the car park was full so a genuine customer was prevented from parking there to shop at Tescos.

malkie76

But they could claim that, as the car park is always full day time, which is when I parked there.

Again, I'm struggling with the point of POPAL if they've got no leg to stand on legally.

Stroma

Look we are going in circles with this.

This is how it us , was there an actual loss to the landowner, not highview but tesco? The answer is no, as you were a customer!

Can a private company fine or penalise you ? The answer is no they cannot!

Will highview do court ? The answer is that its highly unlikely, you would be the first!

Can popla cancel tickets ? Yes they can if you present the correct defence, mitigation is not correct

Is a popla decision binding ? Yes on the parking company, but not on the motorist

Does it cost anything to use popla ? Yes it costs £27+vat to the parking company, free for the motorist

Are we getting anywhere with this? One would hope that you are getting the gist of our advice and realising that the whole parking industry is a scam

trisontana

malkie76 wrote: »

But they could claim that, as the car park is always full day time, which is when I parked there.

Again, I'm struggling with the point of POPAL if they've got no leg to stand on legally.

But how can that supposed "loss" be quantified, even if Tesco say they have lost money because somebody who was unable to park and thus was prevented from to using the store? Was that theoretical customer going to spend 40p on a chocolate bar, or £400 on a case of vintage champagne?

malkie76

Thanks again, sorry if I appear to be frustrating you. I just don't get the point of Popla - I can see the value if they stop further letters appearing, but if Highview have no legal grounding then I don't see the point in appealing.

I just keep ignoring the letters.

It was you who confused me by saying the law had changed, and I needed to take a new approach as I was reading outdated information.

[edit]

It's been highlighted elsewhere that while I can ignore, if I move house (which I might) and I get a court request in a years time then I'd miss it. Is that how courts work?

Stroma

A popla win for you stops all letters and stops any potential further action on this, the parking company must drop it completely.

The new law as in the Protection Freedoms Act 2012 basically only adds keeper liability providing everything in the BPA Code of Practice is complied with. It's a bit more complex than that, but this is not a discussion on the Act.

I told you that in theory they could issue a claim within 6 years if you just ignore and do not pay, a simple popla appeal with a win stops that. But as highview have never done court I can't see them in future changing that, though nothing is guaranteed.

malkie76

Brilliant. Popla it is then

Is the wording you used on the previous page appropriate ? ie sufficient to not inadvertently admit to to anything ?

They reject, then I pop back here for help.

Got it.

Stroma

Just use that to highview only, if they reject it come back here for help with a popla appeal, please don't do it alone

Coupon-mad

malkie76 wrote: »

But they could claim that, as the car park is always full day time, which is when I parked there.

Again, I'm struggling with the point of POPAL if they've got no leg to stand on legally.

Did you actually read the Parking Prankster blogs linked by Stroma in post #17? They are about challenging Highview fake PCNs and are hilarious!

Relax - all it takes to get this fake PCN cancelled is two poxy emails or letters, no recorded delivery, nothing special, just copy & paste appeals with the second one following a set format we have discussed on threads ad infinitum. Here's on from earlier where it was explained yet again, post #14:

https://forums.moneysavingexpert.com/discussion/4653023

and an early example of a strong Highview POPLA appeal wording (but there's more we can add to that nowadays):

http://forums.pepipoo.com/index.php?act=attach&type=post&id=21565

This is easily dealt with and people who pay up are mugs to fall for such a scam. Let us know when the idiots reject it.

lgparry2013

Hi,

Just wanted to say I read this as I was about to pay fine for overstaying as couldn't be faffed to fight it. Anyway felt all fired up so copied Stromas initial appeal letter (with a nicer salutation!), emailed it and have had appeal upheld and confirmation notice cancelled - from one email. So a big thanks guys, very grateful for saving me £40+

Jay