Faulty machine - Sutton in Ashfield - Highview Parking

pablopicard

Hi,
I have found this forum late have already made some mistakes, but hopefully I can get some help here.

I parked in a retail car park. The first machine that I went to was out of order. I started walking over to another when I saw a lady giving up on that one. I reasoned that they were all out of order and went about my shopping. 12 days later I received a fine - ANPR from Highview Parking (BPA member).

I disputed it through their online system on the same day - stating that it was unreasonable burden on me to check every machine in the car park. I made the mistake of admitting to being the driver - the first step in their online dispute system is to state whether I was or was not the driver.

This was rejected with the statement:

"[FONT=&quot]Clear signs throughout this site advise drivers to pay the parking fee and if the machine is not in operation, or if you were unable to do so for any reason you should have removed your vehicle from the site. In light of this, on this occasion, your representations have been carefully considered and rejected."

So I am now at the POPLA stage. I want to dispute on the following grounds:
[/FONT]

• Notice on the meter itself says that "[FONT=&quot]if there are no machines operational then parking enforcement will be suspended".[/FONT]
• [FONT=&quot]The signage is also inadequate in that all of the meters deactivate at an unknown point in the evening - I can get photographic evidence - but this time is not indicated anywhere. Signage states that meters are in operation 24/7.[/FONT]
• [FONT=&quot]The fee is £1 - which you can get reimbursed from one of the retailers. So there is no incentive not to pay if the machines are working correctly, and the £100 fine is a ridiculous amount.[/FONT]

Are any of these worth arguing? Or other suggestions? I have already contacted two of the retailers to notify them of the parking companies advice - not to park (and so not to shop) when their system is faulty.


The BMPA insight shows the company has zero court hearings since 2015 (as does the possible parent company Ranger Services Ltd.). Is this always accurate?


That's a bit lengthy but thanks for reading and any suggestions.

System

if you were unable to do so for any reason you should have removed your vehicle from the site.

This is "frustration of contract" and that comment only stands if there is an instruction on the signs with regards to abnormal events. Do you have a pic of those signs?

Would also send a copy of their reply to the retail park pointing out the stupidity of allowing some company that does not maintain their machines from banning customers from spending with the site. Clearly Highview think they can control the retailers' tills. Perhaps the site should tell them otherwise.

Umkomaas

^^ definitely +1 ^^

Get plenty of photos of the signs, especially this one:

Notice on the meter itself says that "if there are no machines operational then parking enforcement will be suspended".

Guys_Dad

Have a look here at the blog for Tuesday 28 March. Might be helpful
http://parking-prankster.blogspot.co.uk/

pablopicard

Thanks. I've been getting some photos.

I might have been wrong about the machines shutting off in the evening. I had assumed that a month after my issues they would have repaired the two machines. How naive. These two machines are still out of action - displaying "Not in Use". I now have photos of these, and another machine at the opposite end of the car park that is working.

In my submission to POPLA I'll be suggesting they launch a wider investigation into this company's shady paractices. Who knows how many other people have been affected in the past month.

Also, does anyone know of specific regulations around ANPR notification? After hunting around I found one notice at the entrance that is impossible to read as you drive past:

hxxps://ibb.co/k6C71F

And the one on the car park signs is hardly much better:

hxxps://ibb.co/dc8fMF

With no mention of it (or even CCTV) next to the meters themselves.

The_Deep

... or if you were unable to do so for any reason you should have removed your vehicle from the site.

So, if this is a Tesco car park, and you wish to shop in Tesco, what do you do? Drive to Waitrose and shop there?

Coupon-mad

In my submission to POPLA

You won't need that. Go and complain to the Store Manager. Do the complaint FIRST, as a POPLA code will work for 30 days at least, from rejection letter and you are more likely to achieve retailer cancellation at this stage (not once POPLA is involved).

pablopicard

There was only a few days left to submit the POPLA appeal, so I've submitted one using various bits of advice from this forum.

I heard back from Lidl the next day. Nothing specific about my case, but they said they'd requested the car park changed from pay and display to 2 hrs free. To be in effect by the end of the month. So some sort of victory.

We'll see if that affects Highview's engagement with the appeal.

pablopicard

I heard back from POPLA that Highview had chosen not to contest, so no fine to pay.

Thanks to everyone that's provided information and advice on this forum.

Absolute disgrace that they reject appeals made directly to them, and then don't bother contesting the same argument once POPLA is involved.

Umkomaas

Absolute disgrace that they reject appeals made directly to them, and then don't bother contesting the same argument once POPLA is involved.

Well that could play into your hands in due course if it can be argued that by not contesting your appeal they are conceding they had no grounds to pursue you in the first place. No grounds to pursue, no grounds to access your Data Protection Act-protected personal data.

Early days in terms of the forum formulating claims against PPCs, so you need to keep tabs on how this strategy progresses (maybe some trailblazer claims in the coming months) by regularly reading this forum, PePiPoo, and the Parking Prankster blog.

Your advantage is that you have 6 years to pursue them, so plenty of time to see how it pans out and whether legal precedents emerge. Revenge can definitely be a dish best served cold.