Already paid Highview, can I get it back?

yhempstead

Hey everyone.

Call me an idiot. I received a letter through the post from Highview saying I had stayed too long on one of their carparks, and was issued a £55 fine. I was in a rush and was going to be busy for the next few days so I quickly paid.
I then had a gut-wrenching feeling and remembered a friend telling me these fines were unenforceable and after 30 seconds of Googling, I found out I just got mugged off.

I've seen some amazing advice on these forums for disputing the claim and not paying, but is there any advice for someone who's already paid up? Do I just have to accept my losses or is there a route I can take to get my money back?

I would really appreciate any help, thanks in advance.

[EDIT: Paid online with my MasterCard if this makes any difference?]

Redx

probably too late now, but you can join the challengethefine campaign, you never know !

https://forums.moneysavingexpert.com/discussion/5140119

ps:- its not a fine, its a speculative invoice

Guys_Dad

Saw a program on the Anaconda earlier this week. Its teeth face backwards so that anything it swallows can't get back out.

PPC's have an anaconda as their industry logo. Not only for the above reason, but it squeezes its victim when it gets a good grip and signs of its presence are well camouflaged so it operates by stealth.

Dave_TH

Chances are almost zero, as per Redx, join the group.

bazster

The Consumer Protection (Amendment) Regulations 2014 provide that you can sue a trader for a refund and compensation if you paid as a result of their misleading or aggressive actions.

So, if you can identify any way in which Highview's letter was misleading or aggressive you could give it a go. You might even argue that it was misleading for them to claim you owed them anything at all, given all the usual reasons i.e. there was no contract, it's not a GPEOL and so forth.

However, to the best of my knowledge no-one has yet done this to a parking company (the regs have only been in force for a few weeks) so you would be breaking new ground, and it'll cost you at least £25 to submit a Money Claim Online to find out if it works (which you get back if you win).

In my experience companies simply pay up to avoid the hassle when they receive a MCOL for a small sum, but there are no guarantees. Proceed at your own risk!

Half_way

Call me an idiot. I received a letter through the post from Highview saying I had stayed too long on one of their carparks

Was it really on of their car parks? ( unlikely )
or was it a car park belonging to someone else who allow Highview to infest their car parks? ( probable answer)

if so then whose car park/what car park was it?

If it was someone else car park then it could be argued that Highview are the land owners/car park owners agents, and as such the land owner is responsible for the actions of their agents, so

The Consumer Protection (Amendment) Regulations 2014 provide that you can sue a trader for a refund and compensation if you paid as a result of their misleading or aggressive actions.

You may have a better chance going for the land owner, in a similar way to when clamping was in force, the only chance of seeing a refund was to go for the land owner/whoever employed the clampits.
Someone will have taken Highview on, and that someone is to whom you should be looking at to get your money back.