Parking Charge Advice - Highview Parking

dmsjlloyd

This is fantastic thankyou for posting. I have a highview parking ticket too (I have already started my own thread).

totallytech

Hi,

I've had an evidence pack from Highview Parking, it looks pretty scary... Do I need to do anything?

ColliesCarer

Check it over for anything you wish to challenge/bring to the attention of the assessor before the assessment takes place and submit a letter to the assessor highlighting any failings on Highview's part to rebut your appeal points.

Coupon-mad

totallytech wrote: »

Hi,

I've had an evidence pack from Highview Parking, it looks pretty scary... Do I need to do anything?

No-one has ever posted the word 'scary' in the same sentence as 'Highview' before! This sums up how seriously to take their usual evidence efforts:

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

http://parking-prankster.blogspot.co.uk/2013/07/elvis-walks-free-map-department-fails.html

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

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

http://parking-prankster.blogspot.co.uk/2013/08/highview-parking-and-massive-invisible.html

http://parking-prankster.blogspot.co.uk/2013/08/highview-parking-and-massive-invisible.html

http://parking-prankster.blogspot.co.uk/2013/07/highview-parking-at-it-again.html

totallytech

Well, thats a win for me lol....

---

ME (Appellant)
-v
Highview Parking Limited (Operator)

The Operator issued parking charge notice number 566140409038
arising out of the presence at Riverside Retail Park A, on XXX, of
a vehicle with registration mark XXX.
The Appellant appealed against liability for the parking charge.
The Assessor has considered the evidence of both parties and has
determined that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.

Reasons for the Assessor’s Determination
The operator issued parking charge notice number XXX arising out
of the presence at Riverside Retail Park A, on XXX, of a vehicle with
registration mark XXX. The operator recorded that the vehicle remained
at the site for longer than permitted.
The appellant has made various representations; I have not dealt with them all as I am allowing this appeal on the following ground.

It is the appellant’s case that the amount of the parking charge does not
represent a genuine pre-estimate of loss.

The operator has responded by stating that the amount of the parking
charge notice complies with what the BPA deems reasonable. The operator has submitted a list of the losses they have incurred as a result of the appellant’s breach.

Considering carefully, all the evidence before me, I find that the charge
appears to represent liquidated damages, which is compensation agreed in advance. This means that the amount that can be sought must represent the losses incurred as a result of the breach. The operator has sought to justify the charge however while the individual items listed may amount to a genuine pre estimate of loss, the operator has failed to provide an estimate of the amount lost under the specific items referred to in the breakdown. On a balance of probabilities, I am therefore not satisfied that the operator has sufficiently shown that the charge is a genuine pre estimate of the loss incurred as a result of the breach. As a result, I need not decide any other issues raised by the appellant.

Accordingly, this appeal must be allowed

Coupon-mad

Well done - not so scary after all! Have you added your success to the POPLA Decisions thread already?

hoohoo

High view must be hopping mad. That nice lead assessor went to the trouble of creating a crib sheet detailing what they were allowed to put into a gpeol calculation. He even said they didn't need to add exact costings.

Now high view copied his list of allowed items, didn't put costings and still their appeal wasn't allowed.

One wonders whether they will be spurred into immediate action over this.

totallytech

Coupon-mad wrote: »

Well done - not so scary after all! Have you added your success to the POPLA Decisions thread already?

I'll add in a second

So do I need to contact Highview now to ask them to confirm the charge has been cancelled?

I'd also like to add a but they may not reply lol...

Can this be overturned or the outcome be appealed etc?

Coupon-mad

You are safe - you've won and you need to do nothing at all. It's cancelled and is binding on the PPC.

totallytech

Thats excellent, I'm also planning on reporting these guys to the local trading standards officer as they charge £1.50 for debit and credit cards and I believe - thanks to this post - that this is wrong now...