Advice please!!! Thanks!

Greatest_Player

Hello everyone, I've kept a clean nose so have not been on much lately.

However...

...I received an invoice from Highview {redacted to provide operator} at a certain location in England (I know these things don't need to be stated) and it was for overstaying by 25 minutes in a one hour zone. I didn't intend to do this but I really did take my eye off the clock. I drove off not thinking anything of it until an invoice arrived.

Since the Beavis instance I have no major ground for appeal but I did notice something on the signage. 1 Hour Maximum, but no period specified that the car needs to be away. Now as I interpret the concept of a "contract", conditions need to be clear and without shortcomings. Parking Eye and many others (as well as council in public) seem to provide the full term, (eg. Maximum stay 1 hour, no return within 4 hours). In my case however, if a motorist enters on camera at 0800, his time initially expires at 0900. But unless there is a notification for when the car may return, then the next time the same motorist be allowed on the car park is 0901, and so on.

Am I missing something?

Does anyone know how this would be looked upon by POPLA and courts? I've read of cases where issues regarding free parking have been the issue but never one where the "no return by" period was questioned; to each there had been a published period that the driver had to be away.

Thanks all.

Ralph-y

".I received an invoice from a certain private parking company at a certain location in England (I know these things don't need to be stated)"

unless I am missing some thing ..... then yes you do need to state

perhaps a catch up on newer ways of appealing

have a re read of the newbies thread while you await more learned opinion

Ralph:cool:

Greatest_Player

Cheers Ralph, this is the thing, I've looked at dozens here and at Pepipoo but could not find anything on this shady matter. Bit of a needle in the haystack scenario if ever it has been addressed.

I'm gonna give it a go and I'll be back to let everyone know what they say if they reject it. At that point I'll probably go ahead and name the parking company (no secrecy intended for the moment, but I think you know this is best - hence the reason I said England so people didn't ask if it happened in Scotland).

But I'll say his much, if the condition does need to be specified, it will costs these pigs THOUSANDS in redressing their scary signs up and down Britain!!

Umkomaas

There's nothing to gain from hiding the name of the PPC. In fact there's more to gain than lose in exposing who they are as this can have a bearing on advice, especially in terms of whether this is a BPA or IPC operator as the initial appeal will be different depending on which AOS is involved.

Greatest_Player

Umkomaas wrote: »

There's nothing to gain from hiding the name of the PPC. In fact there's more to gain than lose in exposing who they are as this can have a bearing on advice, especially in terms of whether this is a BPA or IPC operator as the initial appeal will be different depending on which AOS is involved.

Very well.


Highview!

I'm sure you knew!!!! :rotfl:

Coupon-mad

So you are at POPLA stage v Highview? Easy enough. Just adapt one of the ParkingEye examples of POPLA appeals, pick one about a free car park. They are linked in post #3 of the NEWBIES thread and are all recent examples.

Show us your version suitably tweaked and we'll assist.

Umkomaas

Greatest_Player wrote: »

Very well.


Highview!

I'm sure you knew!!!! :rotfl:

Yeah, right.

Clues - 1 hour limit, somewhere in England! Clairvoyance service comes as an extra!

Highview is a BPA operator, so you need to read post #1 of the sticky and use the blue text initial appeal template - but understand, and get your timing right as to when to send the appeal.

HV are currently not litigious, but they have 6 years to pursue this, so only a clairvoyant is likely to give you any clue as to what they might be doing between now and 2022.

Umkomaas

Coupon-mad wrote: »

So you are at POPLA stage v Highview? Easy enough. Just adapt one of the ParkingEye examples of POPLA appeals, pick one about a free car park. They are linked in post #3 of the NEWBIES thread and are all recent examples.

Show us your version suitably tweaked and we'll assist.

It's not clear where it's at. Too much cloak and dagger!

Greatest_Player

Coupon-mad wrote: »

So you are at POPLA stage v Highview? l

Woo!! Not yet!!!

I am at the "I shall write to Highview" stage. This all happened these past days, not months.

Interestingly enough, the invoice states that the fee is £70 knocked down to £40 if paid now, but will increase by another £40 if not paid by full charge deadline.

Can operators do this now?

POFA only knows two fees, lower and upper, and states that maximum that can be recovered is figure in Notice to Keeper (which is £70), while BPA Cop in Clause 19 sets £100 as maximum unless this is justified in advance. So if Highview prosecute this threat, that would send their settlement demand to £110. I would have thought this "late payment fee" smells like the old "sneaky penalising" methods. It couldn't be for losses as we know from old hearings. And given what we know from the Beavis case, operators get more from their initial demands than that which covers pre-estimate of loss. Might be worth citing that.

Coupon-mad

Interestingly enough, the invoice states that the fee is £70 knocked down to £40 if paid now, but will increase by another £40 if not paid by full charge deadline.

Can operators do this now?

Not under the POFA but bear in mind most appellants drop that protection in the bin by appealing as driver.

So not POFA applies in loads of cases.

Greatest_Player

Coupon-mad wrote: »

Not under the POFA but bear in mind most appellants drop that protection in the bin by appealing as driver.

So not POFA applies in loads of cases.

I will contest this ambiguously from the "keeper dealing with demand" perspective...

...but are you saying they can seek arbitrary unregulated slap-on fees from persons declared as drivers?