Highview Parking "Charge Notice"

Mike12421

Hello all.

I was hoping for some advice to help put my mind at ease regarding a parking notice that I have received from Highview Parking.

In October of this year I was driving home from Wales when I stopped off for a short rest as I was very tired. At around 23:00hrs I decided to use the McDonalds drive-through at the “Rock Retail Park, Birkenhead, Wirral, CH41” and bought a coke. I then parked up in the empty car park of the retail park to have a short rest as I thought I would end up crashing my car on the way home if I didn’t. For anyone who doesn’t know the retail park, it has space for approximately 2-300 cars, and I was the only one there. I ended up dozing off and woke up about 90 minutes later. Feeling a little better, at about 00:30hrs I decided to continue on my journey.

About two weeks later a notice was sent to me by Highview Parking telling me that there is a 1 hour maximum stay at the retail park and that I had gone over that by 34 minutes. I honestly wasn’t aware of this restriction, however regardless I did go over it, and because of this they wanted £75 as a “charge”. The letter included two photographs of my car. I looked on this forum and I read replies to other people who said not to even acknowledge the charge and to throw the letter away, which I did.

A couple of weeks later a further notice was sent to me demanding money or legal action would be taken. Again after reading the advice on here I threw the letter away.

Today I have received a third letter from Highview Parking saying that if I don’t pay £125 within 14 days of the letter then this could result in THEM instructing a debt collection agency to collect any outstanding amount. They go on to state that my ability to obtain credit in the future may be affected if they have to take this matter to their solicitors for further action.
I wanted to query a few things with yourselves, to make myself feel better that I am doing the right thing to be honest.

• I was of the belief that only a court could instruct a debt collection agency to recover money.
• I have read on here that this is a “charge notice” as only the Police and Council can issue fines.
• IF Highview Parking did take this to court, would I be invited to provide my account BEFORE any CCJ is possibly issued?
• I read on here that these companies are only allowed to ask for money if I have prevented another customer from utilising the site and they have lost business. If this is correct, I find it difficult for them to justify my charge as it was the middle of the night, no business was open other than the McDonalds and I was the only one present in the carpark.

*I have not included the specific dates and times just in case Highview monitor these forums and ascertain that I was driving at the time.


Thanks for reading, I hope you can give me some feedback. I have read the newbies thread however it is a little daunting, and I want to make sure I get this right so I thought I would post my own thread. Thanks in advance.

Thanks.

Coupon-mad

I looked on this forum and I read replies to other people who said not to even acknowledge the charge and to throw the letter away, which I did.

A couple of weeks later a further notice was sent to me demanding money or legal action would be taken. Again after reading the advice on here I threw the letter away.

Oh dear - you read two year old threads. Strange how often people do this. Here's yesterday's version where someone also read two year old threads instead of just reading the current forum:

https://forums.moneysavingexpert.com/discussion/comment/67120035#Comment_67120035

Here's another one from October, same issue, why read old stuff as if it's current?

https://forums.moneysavingexpert.com/discussion/comment/66762890#Comment_66762890

You were only ever ONE click away from the Newbies sticky thread telling you to appeal.

You say you have read the NEWBIES thread so you have finally now read what you should have done and realised you are too late to appeal, so did you then read post #4 of the Newbies thread which covers your current situation of 'ignoring the debt collectors' stage? Because that's where you are at unless the keeper is not the driver (a keeper can name the driver to reset the clock so the driver can appeal, but sounds like you can't). Again the Newbies thread covers that possibility too.

This is no big deal - what do you think we all did for years, before POPLA existed as an appeal option? Yep - we used to ignore, as you read on those old threads. You missed a trick, that's all, we haven't told people to ignore these for two years, because we KNOW how to win at POPLA! You missed that.

Your questions answered:

I was of the belief that only a court could instruct a debt collection agency to recover money.

Only a court can instruct a bailiff. This isn't a bailiff, this is a debt collection firm - a pen pushing call centre who send letters...then more letters...and have no powers, do not come knocking and cannot litigate.

I have read on here that this is a “charge notice” as only the Police and Council can issue fines.

True but Highview haven't called it a penalty or fine. It's an invoice, a charge, and you won't be paying it. there are no repercussions as Highview don't sue anyone.

IF Highview Parking did take this to court, would I be invited to provide my account BEFORE any CCJ is possibly issued?

They won't - but OF COURSE you would defend it and we'd help you win. Why do you think in post #5 of the newbies thread there are links about how to defend a small claim case from a PPC? Because we know how to defend and win, certainly against a firm which doesn't know how to start a court case, like Highview. That post about small claims is mainly for people with ParkingEye PCNs so count yourself lucky you accidentally ignored only little old Highview!

I read on here that these companies are only allowed to ask for money if I have prevented another customer from utilising the site and they have lost business. If this is correct, I find it difficult for them to justify my charge as it was the middle of the night, no business was open other than the McDonalds and I was the only one present in the carpark.

What do you mean 'allowed'? This isn't something covered by statute, not in terms of when they can issue charges and why. They are a private firm and they can issue a charge for whatever they want - and of course you then can choose not to pay it, as it's spurious drivel from a bunch of chancers.

So IGNORE THEM NOW YOU HAVE MADE YOUR BED AND WILL GET THE LETTER CHAIN FROM THE TEDOIUS DEBT COLLECTORS, REGARDLESS. Nope, they cannot affect your credit rating, it's just letters. Please don't write about every letter you get though, that's my only request!

READ THIS BEFORE YOU START A NEW THREAD ABOUT ROSSENDALES or DEBT RECOVERY PLUS!

The subject of DRP and Zenith letters (and any similar ones from Rossendales or whoever) bores me senseless as we've ignored them for a decade and if people just searched the forum they could find umpteen thousand threads about the letter chain, which never ever needs discussing here again! Please...!

BRguest

Hi, I'm in shock as expected it to be rejected please see below, and it only took them 2 days to reply so sometimes they are decent.

08/12/2014
Re: 145 Bradfield Road

Dear Sir or Madam,

Charge Notice Ref: 0586141125005
Vehicle registration number: xxxxxxx

You issued me with a parking ticket on 03/12/14 but I believe it was unfairly issued. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following


The charge is disproportionate and not a genuine pre-estimate of loss. The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner, as this is a free Car Park and the alleged offence was recorded at 20:35 which is outside off normal trading hours.

According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £50/£85 charge you are asking for far exceeds the cost to the landowner as it is a free Car Park.

Finally the vehicle was only 15 mins over the allotted time plus there were only 2 more cars in Car Park so was not causing any obstruction or lack off spaces for any other potential clientele


If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully,


Appeals (PCN) <appeal@appealpcn.co.uk>
11:58 AM (59 minutes ago)

to me
Dear Madam,

Thank you for your correspondence. With reference to the Charge Notice issued to the above vehicle, after reviewing our data and in view of the representations made in connection with its issue, we can confirm that we have decided to cancel this Notice and no further action is to be taken.

Yours faithfully,

Highview Parking Limited

Coupon-mad

They ducked out because you said there was no genuine pre-estimate of loss. Good one! Never too late to try, then!

Mike12421

Thank you both for the replies.


I have today received a letter from "DRP - Debt Recovery Plus Ltd", demanding payment of £149.99. They say that if I do not pay the money within the next fourteen days then they will advise the creditor's solicitor that court action should be taken.


Should I carry on ignoring them as I have done, or should I send a letter like above stating that I will not pay?


Thanks again for going out of your way to give advice.

Redx

report them both to the BPA and the DVLA and enclose copies of the correspondence , not just this chase up letter but the cancellation etc too

bod1467

One of us is missing something here, Red? Posts #1 and #5 are by the same person, but post #3 is someone else entirely? (Therefore the OP has not receive any cancellation notice).

Mike - you've just received one of the normal threatograms. DRP can't do anything. You will get others, perhaps from Zenith or Rossendales (who are actually still DRP I believe) and then it'll eventually go away. See the link near the bottom of post #2.

Mike12421

Thank you so much for all of the advice, it has certainly put my mind at ease. In regards to the letters, will they more than likely just stop and that be the end of it or will it progress on to court proceedings?

Redx

bod1467 wrote: »

One of us is missing something here, Red? Posts #1 and #5 are by the same person, but post #3 is someone else entirely? (Therefore the OP has not receive any cancellation notice).
.

thanks, missed that , thought it was the same person, no idea why they posted post#3 as its hardly relevant to this OP (I even thought it was the same person, possibly using a different username like some do

anyway, if no cancellation happened then its IGNORE drp as you rightly say - they cannot do anything except send out threatograms to try to pressurise the OP into paying, they dont get paid unless they get a payment

post #4 of the NEWBIES will tell this OP about DRP (and other debt collectors)

its an alleged debt, nothing more

Mike12421

Hello again, apologies for reviving a year old thread however after all this time, I have today received another letter from DRP.

They are demanding payment of £149.99 and then go on to quote a "landmark court decision". They then provide a link to this test case; https://www.supremecourt.uk/cases/uksc-2015-0116.html

Is this just more of the same scare tactics that they have used in the past?

yotmon

Mike12421 wrote: »

Hello again, apologies for reviving a year old thread however after all this time, I have today received another letter from DRP.

Is this just more of the same scare tactics that they have used in the past?

yes - its still just a debt collectors letter..........