PCN from highview parking

youknowluke

Hi all

Hopefully you can help me out.

So I've received a PCN from highview parking, I was clocked 34 minutes and not paying for a car parking ticket at a Gala Bingo, they've said I need to pay them £50 within 14 days or it will be £85 !!!! This is absolutely a rip off. The machines were out of order on the day in question so I couldn't pay at the machine so I walked round to check the gala bingo opening times (they were closed) then I was on the phone to my grandad trying to find out when they open as I was getting some times for him.

Anyway I know in the past you could just ignore these but reading various internet forums I understand this isn't the case anymore? Could I just ignore the letters and any proceeding ones and say I never received them as they aren't signed for?

It says at the bottom of the ticket about the landmark supreme court ruling saying that parking charges on private land is enforceable.

I've contacted Gala bingo they said contact the club where the parking people issued the ticket but they doubt there is anything they can do and to contact the parking company (highview parking) but I'm wondering whether to do that as by contesting it I am admitting liability and that I received the ticket.

I don't want to end up in court for something so stupid as I really don't have the money. The other thing is going through POPLA which again I would have to contact the highview to get the POPLA number and thats a tedious process by the looks of it.

Anybody any help or experience people?

If you need anymore info just ask

thanks in advance

Umkomaas

First you need to calm down a bit. No one is taking you to court, certainly not at this early point, and in the long run you'd be the first HV have ever stepped into a courtroom with - and they issue up to 100 thousand tickets a year.

http://www.bmpa.eu/companydata/Highview_Parking.html

No you don't ignore this, unless you know exactly what you are doing and the risks of doing this.

Secondly you risk far more serious consequences if you lie and are exposed than any 50 quid parking charge. Read up on the Interpretation Act if you're still going to chance your arm on arguing you received nothing.

http://www.legislation.gov.uk/ukpga/1978/30/contents

Please read the NEWBIES FAQ sticky near the top of the forum threads' list, one page back from here, use the Forum Jump button to navigate there.

You do need to read and understand that sticky as you will have to do a bit of work to try to get rid of your problem. We will help and guide you, but won't be able to do it for you, so the more knowledge you gain about how to deal with this, the better you will handle it, and the more likely you will be successful. The sticky is very detailed, but for the moment post #1 (and #2 for explanation of acronyms) is all you need to get your head around at this stage.

pogofish

The Newbies Sticky at the top of this forum will bring you up to date on the private parking situation and outline your options for seeing them off.

Don't pay but do not ignore is the way to go now.

Post back here for further help and advice when you have something together to send to them.

Quentin

youknowluke wrote: »

Hopefully you can help me out......


.....The other thing is going through POPLA which again I would have to contact the highview to get the POPLA number and thats a tedious process by the looks of it.

This forum helps those that are prepared to do the footwork themselves which you see as tedious.


Read through the newbies faq thread at the top of the forum.


If all this is not for you, you can either pay up or search for an appeals company to do it for you at a cost or try doing nothing (not recommended) and see if they are prepared to take you to court, at which time you can then decide whether to pay up or put up a defence

The_Deep

It says at the bottom of the ticket about the landmark supreme court ruling saying that parking charges on private land is enforceable.

It says no such thing. Your case is entirely different from the one they quote, Mr Beavis was in a free time-limited car park with no facility to purchase extra time, you were in a P&D car park, and any contract which may have been applicable was frustrated by out of order machines.

Had this have happened in a council car park the penalty would have been instantly cancelled, and by mentioning the Beavis case they are in effect attempting to obtain monies by misrepresentation or deception. You should complain in writing to your local Trading Standards Department, and, fwiiw to the BPA. Cost them a bit of money.

They do not know who was driving so do not tell them, contest the charge as the keeper or registered keeper. Ask them to cancel or supply a PoPLA code

If, as you say, the P&D machines were not working they have no entitlement to any money at all, in fact, you could ask them to pay you for wasting your time.

In my opinion, you should spend the minimum time possible on this. I would not jump through their hoops, nor would I bother with PoPLA, but defy them to take you to court, if they are daft enough to do so, it could be a nice little earner for you.

All of this of course is written on the assumption that you are not scared of booing gooses and do not use a belt, braces, and a piece of string to keep your trousers up.

youknowluke

Ok so the pay and display machines were out of use but you could pay by phone... however does this make the terms and conditions displayed void? what happens if I didn't have a phone with me at the time?

I've used the template in the newbies to create this based on your advise. Would this work any ammendments would be appreciated or if you think I should take out bits etc.

Thanks


Date 1/01/2016


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that the signs were not seen/are ambiguous and the terms unclear to drivers before they park, further to this the pay and display machines were out of order on 18/12/2015 making the terms and conditions displayed void.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as I believe the driver may well be eligible for cancellation.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Umkomaas

I've used the template in the newbies to create this based on your advise. Would this work any ammendments would be appreciated or if you think I should take out bits etc.

Depends what you're expecting.

Was the PCN sent in the post, or was it stuck on your windscreen? Just please confirm which as it's not crystal clear from your initial post.

Redx

youknowluke wrote: »

Ok so the pay and display machines were out of use but you could pay by phone... however does this make the terms and conditions displayed void? what happens if I didn't have a phone with me at the time?

simple, if you cannot comply with the terms and conditions you should have vacated the car park asap, certainly within 10 minutes

so no it doesnt make the signage null and void

send the template letter around day 25 and appeal it, then take it to popla if you have to, same as hundreds or thousands of other people have done

if you have already received a postal pcn, then appeal it asap, no need to wait

The_Deep

simple, if you cannot comply with the terms and conditions you should have vacated the car park asap, certainly within 10 minutes

I disagree. I suspect the owners of the Bingo club do too.

Redx

I have personal experience with Gala Bingo and their car parks and can assure people that they dont give a rats **** !!!

it took a popla appeal based on legal arguments to cancel an Excel pcn on one of their car parks and Gala Bingo washed their hands of it, referring that keeper to the PPC

the basis of the Horizon submission to popla will be "comply or leave" like the one I helped to deal with , but this OP decided to bilk the system by parking anyway for "free" despite the payment machines being out of order, which is a strange action considering the number of fly on the wall tv programmes like Caught on Camera and Big Brother so should have known that cameras would be monitoring the car park entrance and exit and that is what led to his predicament which is how this firm and many others operate

not hard to fight this off at popla, but nevertheless the point of "comply or leave" is what counts and I am surprised the OP had to ask which is why I answered that particular point

The_Deep

I disagree, the car park is there for the convenience of the patrons of the surrounding businesses, it is not there for a PPC to enrich themselves. The needs of the customers override the wishes of the contractor.


I very much doubt that any of the businesses there would agree with you that, if the pay machines are out of action, clients should not park there.