Highview carpark - tesco in Hull

dootar

Hi,

I've just recieved a letter from Highview stating I overstayed the 2 hr limit at the Hull Tescos (England - just in case theres another Hull :-) ). The letter has a picture of my car entering and leaving with some times attached. The fine is £70 or a bargain £40 if i pay quickly!!!

I was going to reply to the letter explaining I really was in tesco and I used their cafe too. I may have overstayed the limit, but i can't remember - I didn't take much notice of my timings as I was using Tesco. I can't find my reciept for that day but there is a 'weekly shop' transaction on my credit card in Tesco for that date. - But judging by other posts, what I actually did seems irrelevant!

Do I go ahead with my letter anyway? And hopefully you guys will guide me through the maze of replies I'll inevitably have to make? I'm not sure whether my issue is with Tesco or the car park company...or both!

Thanks for any help!

Guys_Dad

If it is your regular Tesco, go in and ask for the Duty Manager. Explain that you shop there regularly and as you were with friends, you used their cafe, taking you over the 2 hours.

Ask, nicely at first, if the manager could get the ticket cancelled as it is a disincentive to shop there for a big shop and to use their cafe.

If that fails, then it is a soft appeal to Highview expecting a refusal and getting a POPLA number.

You reason for the soft appeal would be that you do not believe that they are the landowners or have a valid contract with the landowner to pursue customers for these punitive charges and until they give you sight of such a contract, they must either cancel the contract or issue you with a POPLA code. Furthermore, their signage is deficient according to the BPA AOS.

But don't do that until you have spoken to Tesco and wait till you get a Notice to Keeper through the post, as they could screw that up as well.

Come back here when you have done as suggested and before writing your soft appeal.

Coupon-mad

See this:

https://forums.moneysavingexpert.com/discussion/4694547

and this:

http://forums.pepipoo.com/index.php?showtopic=81168

Complain to the Tesco Store Manager first, in person with receipts/clubcard as proof of being a regular T customer. If no joy, complain to the Tesco CEO himself like in that linked MSE thread. If no joy with that then send a challenge within 28 days to Highview - a STRONG challenge like the one that worked in the pepipoo thread.

Let us know how you get on - I would expect Tesco to cancel it.

Paddyathome

Hi dootar,

We have recently appealed to Highview about the very same car park and they cancelled the Parking Charge so write them a challenge letter

http://https://forums.moneysavingexpert.com/discussion/62001637

and

http://forums.pepipoo.com/index.php?showtopic=80277&st=0&gopid=835624&#entry835624

We mentioned that they had posters that referred to the word "Fine" on them ( I got pictures) but not been back so don't know if they have been removed or not as they don't comply to the BPA CoP.

We also copied in phillip.clarke@uk.tesco.com in the challenge.

a copy of what we sent is as follows,

"Dear Highview,

In regards to the Charge Notice received with Ref No xxx dated xx/xx/2013, I am the registered keeper and I deny all liability to your company.

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.

I require you to cancel this ‘Charge Notice’ under the circumstances, with no protracted correspondence.

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. The BPA and POPLA guidelines have specific guidance on this, as I am well aware. You have no evidence of parking time at all.

You’re Notice to Keeper wording is not BPA compliant, which invalidates 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 POPLA’s requirements. I require no further correspondence from you either an acceptance of my appeal or a POPLA code.

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.


Two posters in that car park state that your charges are 'fines' and this is also borne out by the St Stephens Shopping Centre website for that store. This is clearly in breach of the British Parking Association Code of Practice. POPLA's own web site and I intend to report it to the BPA and also in any POPLA appeal.

I look forward to your reply within the timescales laid down by POPLA.

Yours faithfully"

Regards

Paddy

dootar

Thanks for the replies - I tried a quick call to the listed '0845' number, but was just told its a separate company and nothing to do with Tesco. I will drop in and speak to the manager, mid week, but I don't expect much joy, so I'm preparing my letter to Phillip Clark and Highview. I'll keep you updated.

Thanks again.

Paddyathome

dootar wrote: »

Thanks for the replies - I tried a quick call to the listed '0845' number, but was just told its a separate company and nothing to do with Tesco. I will drop in and speak to the manager, mid week, but I don't expect much joy, so I'm preparing my letter to Phillip Clark and Highview. I'll keep you updated.

Thanks again.

dootar,

I assume that it is the tesco in the town centre? if so don't forget to check the portable posters (there was at least 4 last time I looked and are like this

[URL="[IMG]http://i43.tinypic.com/2u7yuzd.jpg[/IMG]"][/URL]

and take photo evidence, as they refer to a "Fine" which is not allowed apparently.

Paddy

bazster

Interesting that that "portable" sign makes no mention of Highview at all i.e. if it causes a contract to come into existence (which is debatable) then that contract is indubitably with Tesco. Accordingly any response to Highview could include a photo of this, and the question "who the hell are you?". Furthermore, it could be sent to DVLA with a complaint that Highview has requested (and received) registered keeper details in respect of a parking contract to which it is not party.

The "sign" also fails to comply with POFA 2012 over keeper liability, in that it does not specify the amount of any charges arising, so any attempt to hold the RK liable must fail. Another point for a complaint to DVLA.

Stroma

That sign looks like something Tesco has put up themselves, probably highview know nothing about it. So as Tesco are not in the BPA it means that the dvla will do nothing as tesco doesn't have to comply with pofa 2012. Though obviously highview should.

bazster

Stroma wrote: »

That sign looks like something Tesco has put up themselves, probably highview know nothing about it. So as Tesco are not in the BPA it means that the dvla will do nothing as tesco doesn't have to comply with pofa 2012. Though obviously highview should.

You are missing my point. The complaint to the DVLA would be about by Highview, not Tesco, because Highview obtained RK details over an alleged contract to which they were not party.

dootar

Result !!!

thanks for all the advice, i called in to the shopped spoke with the duty manager. i showed my receipt for the day and they apologised and cancelled it. Easy!

thanks again for the excellent advice :-).

whilst there i photographed the sign - i thought it may help in future...? i had to stand on the road to do this as there isn't one on the walkway to the shop! I don't know how to add it from my phone, so I'll do it from my pc soon.

dootar

I don't know how to insert a picture!!! Sorry - but heres what the sign says:-

Camera controlled car park

You have told us that you cannot always find a parking space when shopping at our store. To ensure we can always provide an available space the following conditions apply.

2 hours free parking

You agree to pay a

£70 parking charge

When you allow your vehicle to remain in this car park for more than 2 hours at any time.

For further information please call the parking helpline 01382 227820.
We use automatic number plate recognition cameras to monitor this private car park. We will contact the dvla to obtain details of the registered keeper and may send a parking charge notice by post.

Its a lot to take in as you drive past and its not visable from a footpath, nor is it or a copy visable during the walk from car to store. Any thoughts?