Highview Parking - Damages or contractual fee?

gavcradd

Highview Parking have signage on one of their car parks that says the following :

"£85 parking charge. All vehicles must display a valid staff permit or purchase a ticket from the machine.... a parking charge will be issued when you allow your vehicle to remain in this car park in breach of the above terms and conditions".

The fake PCN that they send out then says :

"In accordance with the terms and conditions clearly displayed when your vehicle parked on our client's property, the payment of £85 is required with 28 days"

Just double checking that this is a case where damages are being claimed and so the GPEOL line is a winner? I was fairly sure until I read the POPLA annual report and that put doubts into my mind that it could instead be a "consideration".

Thanks!

Umkomaas

'Breach' is your key word. Therefore it will be GPEOL every day of the week. This is not a contractual fee.

Time for you to turn to the NEWBIES sticky for advice on how to deal with this.

Hot_Bring

You're correct with GPEOL - the key word they have used is 'breach' - i.e. if you break the contract.

gavcradd

Thanks for the replies - I've won a few of these before for friends, but never with Highview.

Does it make a difference that this was a pay and display car park where the driver didn't get a ticket? I've seen some POPLA decisions recently where they agree that the fine is not a GPEOL because there's no initial loss? In this case, there IS an initial loss (even if only £1 or so). Any difference?

Hot_Bring

Not really. So the GPEOL should be £1 plus a small admin charge and they are charging £60 ? £100 ? - hardly a GPEOL.

Coupon-mad

gavcradd wrote: »

Thanks for the replies - I've won a few of these before for friends, but never with Highview.

Does it make a difference that this was a pay and display car park where the driver didn't get a ticket? I've seen some POPLA decisions recently where they agree that the fine is not a GPEOL because there's no initial loss? In this case, there IS an initial loss (even if only £1 or so). Any difference?

So just use an example POPLA appeal where it was a P&D car park (e.g. there's a Parking Eye one like that you could adapt for Highview easily, in the Newbies sticky thread examples of 'How to win at POPLA').