Highview Parking Notice on Matchday

leroyj_2

Hi,

Basically I received a Charge Notice from Highview Parking stating the below:

The vehicle was recorded on our clients property "Roker Retail Park, Sunderland SR6" from 17/12/2016 14:15 to 16:52.
The recorded duration of the stay was 02:36 and the vehicle contravened the terms and conditions displayed on the signage.

£70 payment within 28 days or reduced sum of £40 within 14 days.

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I also received the following letter along with the Charge Notice (pay special attention to the dates and times of the FIRST occasion and the so called SECOND (again remained) occasion)

Dear Sir/Madam,

Registration No - ???????

In order to ensure that spaces are available for customers we have installed a new parking management system at Roker Retail Park, Sunderland SR6.

We noted that on 17/12/2016, between 14:15 and 16:52, this vehicle remained in the car park in contravention of the displayed terms and conditions of parking. As this was the first occasion and we recognise that mistakes can happen, we overlooked this occasion and no further action was taken.

However our records show that a vehicle registered in your name has again remained in the car park in contravention of the displayed terms and conditions of parking on 17/12/2016, between 14:15 and 16:52 ; therefore we have issued the enclosed charge notice.

There are details on the enclosed notice on how to pay this charge, or appeal if there were extenuating circumstances that prevented you from paying the parking fee for the full duration the vehicle was in the car park.

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Question 1

Although I have not read the signage physically displayed in the car park, I looked for it on Google maps and it states:

90 minute maximum stay on Match Days and Event Days.
3 hours free parking at all other times.

As my stay of duration was 2 hours 36 minutes as stated on the letter and falls within the free time limit, it seems that I am being charged for choosing to shop on a day where there was obviously a football match going on...surely this isnt fair and could this be used as grounds for an appeal?


Question 2

As mentioned earlier and highlighted in bold, they state that the FIRST time I was parked was the 17/12/06 14:15 to 16:52 and that they recognise that mistakes can happen so they overlooked that occasion and no further action was taken.

But then they go on saying that since I was parked again on exactly the same time and date they have issued the charge notice.

So basically theyve let me off but now charging me for the same occasion...which is it and can this also be used as grounds for appeal?

This is the first time this has happened to me, I have read the threads and have not come across anything similar to my predicament hence why I have started my own thread.

Any help and advice will be much appreciated.

Regards

pappa_golf

was there / is there a full list of dates that the exclusions (matches) shown on the enterence/pay machine


not the ones listed 1/2 mile away at the stadium or available on the web

the actual dates that you are not allowed to exceed a time in the whole 12 mths calender

they are clearly refering to the vehicle being parked , not you

have highpoint clearly conformed with POFa2012 ,

no ticket on car , ticket recieved (17/12 + 15 days) 30/12/2016
this is inportant , as its the car they are chasing , and if they fail on POFa they can only go after the driver

Coupon-mad

Sounds like they incorrectly typed in the first data which should have been a previous visit date. TBH I would not get involved in that tiny detail and would just appeal, using the template in the NEWBIES thread. Do not say or imply who was driving because Highview do not use the POFA so can only hold a driver liable, potentially. So don't be that person.

You are the rk who received the PCN in the post. That way, this is winnable at POPLA.

leroyj_2

pappa_golf wrote: »

was there / is there a full list of dates that the exclusions (matches) shown on the enterence/pay machine


not the ones listed 1/2 mile away at the stadium or available on the web

the actual dates that you are not allowed to exceed a time in the whole 12 mths calender

they are clearly refering to the vehicle being parked , not you

have highpoint clearly conformed with POFa2012 ,

no ticket on car , ticket recieved (17/12 + 15 days) 30/12/2016
this is inportant , as its the car they are chasing , and if they fail on POFa they can only go after the driver

There a number of signs scattered about the car park all saying the same thing below with no exclusion dates shown:

90 minute maximum stay on Match Days and Event Days.
3 hours free parking at all other times.

There was no ticket on the car, I recieved the Charge notice through the post dated 29/12/16.

How can they define people who park in the car parks who actually go shopping and obviously people who use it for parking for the matches?

pappa_golf

how does someone parking their know its a match day?


How can they define people who park in the car parks who actually go shopping and obviously people who use it for parking for the matches?

they don,t or they don,t care , its just a legalised scam

leroyj_2

pappa_golf wrote: »

how does someone parking their know its a match day?


How can they define people who park in the car parks who actually go shopping and obviously people who use it for parking for the matches?

they don,t or they don,t care , its just a legalised scam

How do Highview know who parks there for the match or shopping?

They cant possibly know so how can they implement time restrictions on match days? It seems like the genuine shoppers are being restricted from shopping.

Do you suggest the same as Coupon-mad and proceed with an appeal or contact the outlets I shopped in on the day (although I doubt I have receipts as they would have been chucked out before i received the Charge Notice as they would have been Xmas prezzies).

Quentin

Highview aren't bothered over such details - their only interest is getting money off you!


Follow the advice you were given in #3

leroyj_2

Quentin wrote: »

Highview aren't bothered over such details - their only interest is getting money off you!


Follow the advice you were given in #3

Ok thanks.

I have double checked that Highview are a member of the BPC so based on all the above info given, can you confirm that the following Appeal Template is the correct one to use and do i need to add or remove any details?

I intend to send this via the online options.



Date


Dear Sirs

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

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

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 required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

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.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

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

Yours faithfully,

pappa_golf

dear highview , please will you send me photographs of the sign that states the match days ?

Quentin

leroyj wrote: »

can you confirm that the following Appeal Template is the correct one to use and do i need to add or remove any details?....

Send the blue template appeal in the newbies FAQ thread unchanged which will ensure you get a POPLA code for further appeal

leroyj_2

Quentin wrote: »

Send the blue template appeal in the newbies FAQ thread unchanged which will ensure you get a POPLA code for further appeal

Ok I have pre-filled out the online appeal form.
Its asking for what reason am i appealing and gives a drop down menu with suggestions...am I correct in choosing the "I was not aware of the Terms and Conditions" option?

And it also asks if I want to submit the appeal without any evidence...is this correct?