Advice please!!! Thanks!

Greatest_Player

Umkomaas wrote: »

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

Anything you feel it is all right for me to reveal that will not make it clear to Highview "ah, this looks like our culprit", just say and I'll gladly tell you. I just thought it was best to avoid anything unnecessary, the relevant points being England, private land, overstaying, ANPR.

Coupon-mad

Greatest_Player wrote: »

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?

Yes, in basic terms, in any consumer contract as long as surcharges are communicated and 'agreed' and 'reasonable'. None of that is true because it would need to state the sums including the extra £40 on the signs, in large letters - but it doesn't stop PPCs adding debt collector fees if people don't appeal. They just add them anyway.

But none of that matters because you are appealing so they can't add costs during the process. And a keeper is only potentially liable for the sum of the parking charge.

Greatest_Player

Not a problem, I can soon find a ghost driver! I'll write solely as keeper, telling them I am ready to pass on driver details (who may or may not be me) once I am satisfied that a contract has been breached (by them telling me the exact time and date to the MINUTE that the same car was aloud to park next, and where it is specified) and that the fee of £110 does not breach POFA and BPA Cop (and it should become this if I sit back while I am on "holiday" for the next 28 days), then I will gladly pass on driver details.

Thanks for confidence boost.

Greatest_Player

Coupon-mad wrote: »

Yes, in basic terms, in any consumer contract as long as surcharges are communicated and 'agreed' and 'reasonable'. None of that is true because it would need to state the sums including the extra £40 on the signs, in large letters - but it doesn't stop PPCs adding debt collector fees if people don't appeal. They just add them anyway.

But none of that matters because you are appealing so they can't add costs during the process. And a keeper is only potentially liable for the sum of the parking charge.

Well well well!

I returned to the location a short time ago and can confirm that NOWHERE in their signage are "additional charges" mentioned. Not in big letters, small letters, or Chinese letters. They trumpet the usual "You agree to pay £70 (reduced to £40 if paid within two weeks)" tripe. One big sign, one small. The first mention of additional charges is on the invoice.

Curiously enough, I have just noticed another howler (though Highview probably drop hundreds of clangers)...but I am not 100% sure here.

The car park has a front and rear entrance but no parking company sign on either entrance, I am sure this breaches BPA Cop. I realise there are clauses where they may escape this measure and yes this is a relatively small car park with some 15 spaces including disabled. But the infrastructure is not such that it prevents Highview from physically erecting signs at both entrances. I'm interested to know whether this is another valid point when contesting the charge.

Anyhow, plan of action is this:

I will wait until they shoot themselves in the foot by introducing their unlawful THIRD charge to whom they know to be keeper only, a figure which also exceeds BPA recommendation.

Then we will explore the "no return by" avenue by asking them when the motorist is welcome to return.

Then if they are not happy, I'll modify a template from the stickies for POPLA. Does this sound all right?

Guys_Dad

Don't get this "motorist return" angle you seem to be bigging up. Was it a windscreen ticket? If so, parked in the same place with tyre valves all at the same o'clock is not going to wash.

Greatest_Player

Guys_Dad wrote: »

Don't get this "motorist return" angle you seem to be bigging up. Was it a windscreen ticket? If so, parked in the same place with tyre valves all at the same o'clock is not going to wash.

No it was ANPR job.

I fail to see what difference it makes if the car is sat there all day.

Supposing (like with CP Plus at Moto service areas) you offer two hours free but do not inform a motorist how long he has to be away. He parks at 0904 which means his time expires at 1104. As such, what time is the vehicle next allowed on the premise?

pappa_golf

unless CP plus state no return , then there is no time limit to when you can


BUT


CP plus like others at motorway services fit their ANPR gear at the entry/exit points , and you cannot do a U turn on a motorway , so there would be a time limit between leaving and returning




it is common for PE etc to claim that people have been parked on the services for 24 hrs , when a person who has called the next day , has not been spotted on the entry camera

Coupon-mad

Anyhow, plan of action is this:

I will wait until they shoot themselves in the foot by introducing their unlawful THIRD charge to whom they know to be keeper only, a figure which also exceeds BPA recommendation.

You can't wait. You must appeal within 28 days or you won't get POPLA. Your plan will just result in a pile of Debt Recovery Plus letters all year and the fact they will add costs to the £70 will neither be here nor there because you will have missed the appeal window.

Greatest_Player

Coupon-mad wrote: »

You can't wait. You must appeal within 28 days or you won't get POPLA. Your plan will just result in a pile of Debt Recovery Plus letters all year and the fact they will add costs to the £70 will neither be here nor there because you will have missed the appeal window.

I'm in two minds. The beauty of my plan is that once they whack on their third fee to me as "keeper", they will have already screwed themselves POPLA or not. As for recovery agents, there is no contract with them and we know they cannot sue.

But somehow yes, I would like to have them via POPLA so I know they have paid stupid money.

Greatest_Player

pappa_golf wrote: »

unless CP plus state no return , then there is no time limit to when you can


BUT


CP plus like others at motorway services fit their ANPR gear at the entry/exit points , and you cannot do a U turn on a motorway , so there would be a time limit between leaving and returning




it is common for PE etc to claim that people have been parked on the services for 24 hrs , when a person who has called the next day , has not been spotted on the entry camera

You hit the nail on the head with your first remark, no specification? Free period auto-refreshes from contractual perspective. So why would someone have to U-turn?

For what it's worth, you can easily leave and re-enter. Some service areas are located at junctions and as such may only be on one side of the motorway, so you're straight onto a roundabout such as this lot (http://www.motorwayservices.info/chieveley_services_m4).

Alternatively, you don't expect staff to drive ten miles to the next junction only to drive ten miles back do you? Of course not. Where there are twin complexes on two sides of a motorway, there are side entrances and every service area I know has these. If we have to board a coach from the services, then we have no choice ourselves but to use those points.