Highview Parking at Tesco

Paddyathome

Hi, my wife received an invoice on 15th June 2013 from highview parking for staying 33 minutes over while shopping at tesco and other shops on their free carpark, they are asking for £40 if i pay straight away.

They have picture of car entering and leaving the car park and she is the registered keeper. This car park also services other shops as it is in a shopping center but it is owned by Tesco I think.

Do we pay or ignore this.?

I have been reading up on this site and it seems that the thing to do is send them something like the following in the first instance.

"Name
Address

Date

Dear sirs,

In regards to the invoice received with ref number xxxxxx dated xxxxxx, the keeper denies all liability to your company, if you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 2 of the BPA Code of Practice.

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the popla code.

The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the timeframe stipulated above.

Yours Faithfully
xxxxxx"

Also is it acceptable to send it via email?


All advice greatly accepted as I don't want to pay but the wife does.

Regards

Paddy

Coupon-mad

Yes you can send that by email if Highview give an email addy for 'appeals'.

The registered keeper certainly should respond to Highview in the first instance (but do NOT the same short appeal at the independent POPLA second appeal stage ‘Parking On Private Land Appeals’). We can help to give examples of strong wording for the POPLA appeal for her in due course.

If she wants to change this short template (if she wants to enclose a COPY of the receipt for ''the driver's'' shopping, for example) then she can amend the challenge template but NOT say ‘I was shopping’. It should all be written in the third person, e.g. she could add: ‘the driver was shopping and I attach a copy of their receipt’. She should not state who was driving nor give them that information by implying it was her.

But you really should both start off by taking her receipt and the ‘fake PCN’ to the CS desk at Tesco and being VERY assertive with the Store Manager to cancel it. Only see the Store Manager (not a random Duty Manager and not the CS desk clerk teenager).

It deserves a complaint and you should be angry at Tesco about this harassment of a paying customer by their agent, Highview!

As an alternative to the short but sweet challenge here's a Highview version of a longer challenge I wrote for someone, if you want to use some/all of it:



''Dear Highview,

In regards to the invoice received with ref numberxxxxxx dated xxxxxx, I am the registered keeper and I deny all liability to your company.

For your information, the driver was shopping in Tesco but this sudden demand from you has made my family and friends reconsider ever shopping there again. I do hope you will cancel this ‘ticket’ under the circumstances, without too much protracted correspondence.

I was surprised and upset to receive this invoice and feel that the amount demanded is punitive and unfair in law. There was no loss suffered by Tesco at all, and certainly none suffered by Highview, and neither did the driver enter into any contract agreeing to pay you any amount.

In addition, relying upon camera recordings of a car being driven in and out does not take account of the time spent at first, with the driver having to wait to find a space in this busy car park, then at the end, loading shopping and returning the trolley before joining the queue to leave. You have no evidence of parking time at all.

For my own peace of mind I have been to check the signs in that car park, having receiving this unsolicited demand, and your signs are placed to high up to be readable to a driver on arrival. And there is no clear sign as the driver enters the car park - which is a breach of the BPA Code of Practice as regards required clear signage at the entrance. I also checked the wording on a sign and from what I could read of your small print I saw nothing about any ‘grace period’ in your signage which is another breach of the BPA Code of Practice.

Your Notice to Keeper wording is also not compliant, which calls into question the basis of this invoice and the basis upon which you obtained my data from the DVLA under the guise of ‘reasonable cause’ which is only allowed for fully-compliant AOS members. A non-compliant Notice to Keeper fails at the first hurdle, to satisfy the requirements for 'registered keeper liability' as defined in Schedule 4 of the Protection of Freedoms Act 2012.

If you reject this challenge from myself as the registered keeper, I require within 35 days a POPLA verification code in order to appeal independently, in accordance with the BPA Code of Practice.

The challenge will be deemed accepted if there is no POPLA code provided in any letter that you send within the timeframe stipulated above. I sincerely hope a POPLA appeal is not going to be necessary to get this cancelled. I will complain to Tesco for your unwarranted harassment if you pursue the matter. I have also noted the BPA CoP breaches so far and will report you to the BPA and DVLA if you persist, as well as drawing them to the attention of POPLA.

Yours Faithfully


Your name (printed, do not sign it as such as they do not need your signature of course)

Paddyathome

Thanks for that, the wife is searching her purse for receipts but she said she usually shreds them if they are only for shopping so don't hold out much hope.

I am going to the store on Fri and going to take some photos of the signs and camera positions as the photos they provided show the car leaving the store slip road, after passing the petrol pumps, so she could have taken 10 mins to find a parking space then on leaving gone for petrol and cleaned car how would the camera show that?

Coupon-mad

Paddyathome wrote: »

Thanks for that, the wife is searching her purse for receipts but she said she usually shreds them if they are only for shopping so don't hold out much hope.

I am going to the store on Fri and going to take some photos of the signs and camera positions as the photos they provided show the car leaving the store slip road, after passing the petrol pumps, so she could have taken 10 mins to find a parking space then on leaving gone for petrol and cleaned car how would the camera show that?

Credit or debit card transaction slip? She could march in with that, or just march in with the offending 'Demand' (no receipt) and 'demand' to know what the Store Manager is going to do about it to retain the customer of your family and friends?

Pics of the lack of clear signs at the entrance (in particular) and around the whole car park is a good plan. Great ammo for POPLA in due course.

This will give you a laugh! Parking Prankster's hilarious exploits against Highview so far. I think he's won 2 or 3 POPLA appeals so far (using strong wording at that stage of course) after his comical first appeals to Highview, who hate it!

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

http://parking-prankster.blogspot.co.uk/2013/06/highview-parking-send-in-map-of-wrong.html

http://parking-prankster.blogspot.co.uk/2013/06/parking-poker-highview-parking-take-on.html

And in a similar vein, Spartacus' appeal to another camera-based PPC called G24:

http://notomob.co.uk/discussions/index.php/topic,2789.msg21887/

:rotfl:

horsiejosie

I have followed your advice and used some of the letter you put together ... our car was dropping off and picking up 4.36 hrs later and no parking took place .. i used to be a traffic warden for westmidlands police so documented evidence of a car being parked was needed to process a fine ! how driving in and out is evidence of parking i have no idea .. we will wait and see how this pans out and ill update !!
thanks again :money:

Coupon-mad

horsiejosie wrote: »

I have followed your advice and used some of the letter you put together ... our car was dropping off and picking up 4.36 hrs later and no parking took place .. i used to be a traffic warden for westmidlands police so documented evidence of a car being parked was needed to process a fine ! how driving in and out is evidence of parking i have no idea .. we will wait and see how this pans out and ill update !!
thanks again :money:

Great but DO NOT write the POPLA stage appeal without starting your own thread and reading examples of winning POPLA appeals. It isn't the same as a real PCN and the wording of a POPLA appeal to win is not like a 'normal' challenge, it's more forceful and written to make the PPC fail to produce lots of evidence (not just evidence of parking).

horsiejosie

ill get reading the appeals and see what i can come up with .... i does make me mad as no evidence of my actual stay is documented , the blogger who says it must have been his super powers from when he was bitten by a spider as a child that enabled him to leave undetected really made me giggle

Paddyathome

Oops just found wording on the Shopping Center website that states

"Tesco Superstore (xxxx Street entrance) offers two
hours free car parking for their customers
convenience*

*Any customer parking over the 2 hour limit will result in an
immediate parking fine charge of £70.00"

This is also on a poster stood up in two places in the carpark

Defiantly submitting a challenge now worded as follows:-

HIGHVIEW PARKING
PO BOX 599
Borehamwood
Herts
WD6 4ZL


''Dear Highview,

In regards to the Charge Notice received with ref number xxxxxx dated xxxxx, I am the registered keeper and I deny all liability to your company.

For your information, the driver was shopping in Tesco but this sudden demand from you has made my family and friends reconsider ever shopping there again. I do hope you will cancel this ‘Charge Notice’ under the circumstances, without too much protracted correspondence.

I was surprised and upset to receive this invoice and feel that the amount demanded is punitive and unfair in law. There was no loss suffered by Tesco at all, and certainly none suffered by Highview, and neither did the driver enter into any contract agreeing to pay you any amount.

In addition, relying upon camera recordings of a car being driven in and out does not take account of the time spent at first, with the driver having to wait to find a space in this busy car park, then at the end, loading shopping and returning the trolley before joining the queue to leave. You have no evidence of parking time at all.

For my own peace of mind I have been to check the signs in that car park, having receiving this unsolicited demand, and checked the wording on a sign and a poster and from what I saw your signage is in breach of the BPA Code of Practice.

You’re Notice to Keeper wording is also not compliant, which calls into question the basis of this invoice and the basis upon which you obtained my data from the DVLA under the guise of ‘reasonable cause’ which is only allowed for fully-compliant AOS members. A non-compliant Notice to Keeper fails at the first hurdle, to satisfy the requirements for 'registered keeper liability' as defined in Schedule 4 of the Protection of Freedoms Act 2012.

If you reject this challenge from myself as the registered keeper, I require within 35 days a POPLA verification code in order to appeal independently, in accordance with the BPA Code of Practice.

The challenge will be deemed accepted if there is no POPLA code provided in any letter that you send within the timeframe stipulated above. I sincerely hope a POPLA appeal is not going to be necessary to get this cancelled. I will complain to Tesco for your unwarranted harassment if you pursue the matter. I have also noted the BPA CoP breaches so far and will report you to the BPA and DVLA if you persist, as well as drawing them to the attention of POPLA.

Yours Faithfully

Has anyone got any comments before I send it off

Paddy

Coupon-mad

Go for it, and send a copy by name to the Store Manager at the Tesco branch (should be named on receipts and/or have his/her mugshot behind the CS desk).

Does the Shopping Centre website really call it a fine? If so then copy a screen dump of that page right now in case they change it. Will be useful as extra ammo at POPLA.

Paddyathome

Coupon-mad wrote: »

Go for it, and send a copy by name to the Store Manager at the Tesco branch (should be named on receipts and/or have his/her mugshot behind the CS desk).

Does the Shopping Center website really call it a fine? If so then copy a screen dump of that page right now in case they change it. Will be useful as extra ammo at POPLA.

Wife now informs me she hasn't got a Tesco receipt and now doesn't think she went into Tesco just used their car park to go in all the other shops in the shopping center argghhh.

Really wanted to take them to task over the website and poster stating "Fine" as well.

Paddyathome

Paddyathome wrote: »

Wife now informs me she hasn't got a Tesco receipt and now doesn't think she went into Tesco just used their car park to go in all the other shops in the shopping center argghhh.

Really wanted to take them to task over the website and poster stating "Fine" as well.

Also just complained on Tesco Facebook page and the told me to contact the number on the charge notice. The only number on there is the automated paying number.

Just in the process of drafting my email to appeal now:mad::mad::mad: