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Highview PCN at Tesco -Scotland

I've just received a letter from Tesco and Highview parking (member of BPA). It's a parking charge notice for being in a free car park for 36 minutes over the 2 hours allowed.

I've had a read of the newbies thread about fines and private companies and I'm still confused..



The letter from Tesco says that basically they employ Highview Parking to monitor their car park. As I'm a valued customer they overlooked the first time I parked for longer than allowed (date given but no time) but as this is now the second time (I wasn't even aware I had done this) they are enforcing the Parking charge notice.

Along with the letter from Tesco is the PCN from Highview with my name, cars information, the date and time I parked and stayed 36 minutes longer. They also have 2 cctv images of my car with the dates and times. They are demanding £70 but if I pay in 14 days I only have to pay £40.



Basically, where do I stand? There is very conflicting advice on what is best to do.

Some say ignore, some say get in touch with the retailer and ask them to drop the charge, some say write to the private company asking them to stop sending letters.

I know this gets asked a lot but I'm still confused so would appreciate any advice, especially after the case in Dundee where a woman was taken to court for not paying private parking notices and was ordered to pay over £24k....
«13

Comments

  • Grimble
    Grimble Posts: 455 Forumite
    Eighth Anniversary 100 Posts
    You do nothing in Scotland, never say who was driving as they can only go after the driver in Scotland as POFA 2012 does not apply in Scotland so they cannot hold the keeper liable for the invoice. It is there in the newbies thread about Scotland and NI.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    If you want to kill it dead complain to Tesco and ask them to cancel the charge. If you don't mind getting scary letters full of empty threats then do nothing.

    Parking companies can only chase the driver in Scotland. Doing nothing can be a good option if you aren't confident complaining or are worried that you may give away who was driving.

    If you get easily frightened by a letter then getting the retailer to cancel the ticket is perfectly fine too.
  • Umkomaas
    Umkomaas Posts: 43,736 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 May 2017 at 3:15PM
    As above by waamo, but add that you'd like to know who has retained your car's registration detail without your permission in order to record that possibly more than one 'infringement' has occurred.

    This could be a serious infringement of the Data Protection Act, and once you are informed as to who has kept this information you will be pursuing them for breach if the DPA principles. If it is Highview, acting as agents of Tesco, you will be joining Tesco in the court case, as Principal, they are jointly and severally liable for the actions of their agents.

    Quote the following case and ask that they now refer this to their legal department, as you will require a nominee on whom to serve court papers.

    Vidal-Hall v Google
    https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/compensation/

    I suspect your case will be dropped like a hot potato. You might even get a voucher for money off a bit of bacon. :D
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Nicolebt
    Nicolebt Posts: 6 Forumite
    Fourth Anniversary
    As they have 2 cctv images of my car, would they not have any way of finding out who the driver is?
  • Umkomaas
    Umkomaas Posts: 43,736 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nicolebt wrote: »
    As they have 2 cctv images of my car, would they not have any way of finding out who the driver is?

    They don't have 2 cctv images. They have ANPR images. Do they know the driver? How could they identify the driver from two images? Identity parade? Private detectives doing a round of the pubs, club and shopping malls around Scotland?

    Get a grip!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    edited 12 May 2017 at 3:33PM
    vote with feet , boycott hesco from now on , they will loose more than those the money involed with those stupid tickets ,

    the letter will not have come from tesco , it will be the PPC using tesco paper ,

    tesco would recieve NO money from highview ,

    read: https://www.pistonheads.com/gassing/topic.asp?t=408311
    Save a Rachael

    buy a share in crapita
  • Grimble
    Grimble Posts: 455 Forumite
    Eighth Anniversary 100 Posts
    You are overthinking this, could be your sister, how do they know from poor cctv pictures?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    Grimble wrote: »
    You are overthinking this, could be your sister, how do they know from poor cctv pictures?

    or even from a camera set up to capture numberplates
    Save a Rachael

    buy a share in crapita
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    edited 12 May 2017 at 3:58PM
    Nicolebt wrote: »
    As they have 2 cctv images of my car, would they not have any way of finding out who the driver is?

    I sometimes watch a programme called Crimewatch. On that the police show cctv images of hardened criminals committing serious crimes.

    They ask for public assistance to identify these criminals. Given the police struggle what on earth makes you think a low rent parking company can do it?
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Nicolebt wrote: »
    There is very conflicting advice on what is best to do.


    No, there is no conflicting advice whatsoever for any private parking ticket in Scotland!
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