POPLA decision negative but my car wasn't there

rm54

yes I was stoopid.... but I find this forum, thing so difficult to access...thanks to everyone for their help so far... guess I just thought there might be some normal human beings in the system with half an ounce of common sense and some flexibility... !

Fruitcake

rm54 wrote: »

yes I was stoopid.... but I find this forum, thing so difficult to access...thanks to everyone for their help so far... guess I just thought there might be some normal human beings in the system with half an ounce of common sense and some flexibility... !

The unregulated scammers would have to be incredibly stupid to try and take this further. They know they are wrong but are just bullies trying to scare you.
The head of the BPA admitted on national TV the other week that ANPR is not 100% accurate. With an admission like that, you have nothing to worry about. That and the fact that you have proof you were elsewhere between the two visits.

Have you complained to your MP and Sir Greg Knight MP?

These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

Umkomaas

With over three quarters of a million tickets issued in the past 3 years, not once has Highview taken a case to court.

Are you honestly worried that you will be there very first - ever?

http://www.parkingappeals.info/companydata/Highview_Parking.html

waamo

rm54 wrote: »

yes I was stoopid.... but I find this forum, thing so difficult to access...thanks to everyone for their help so far... guess I just thought there might be some normal human beings in the system with half an ounce of common sense and some flexibility... !

Common sense and flexibility within the parking industry would mean operators wouldn't get paid.

Their source of income is the payment from tickets they dish out. Having one cancelled means no wages for them.

You don't pay and they starve is the system you are up against so they aren't going to deviate from pay up or else.

Loadsofchildren123

I know the advice from everyone else is to ignore.


However, I would do this. Draft one letter. To the original PPC with a copy to the debt collectors. The reason is to set yourself up for an unreasonable costs claim (and add to their admin).


Whilst I realise Highview is a company which doesn't pursue court claims, one day they might change that policy. It's minimal effort: you send this letter now and then you send another copy of it every time anyone writes to you - each time you send a copy to the PPC and to the debt collector.


Dear Sirs


PCN dated x Ref xxx


I have informed you throughout my dealings with you that this is a case of what is known as "double dipping". I have told you that entered the car park at [name] at about x o'clock on [date] to find PC World, the shop I intended to visit, closed. I then left and went to university for the day: I exited the car park and drove to my university where I parked in the university car park for which I had a permit. I returned to [name of car park] later that day at about x o clock, when I made my intended purchase at PC World. I exited the car park about x minutes later.


Early on in this saga, on x date I wrote to you and produced independent evidence to show that I was elsewhere, when you claim I was parked in [name of car park].


You have chosen to ignore that evidence, instead instructing debt collectors who are harassing me for ever-increasing amounts of money.


In contrast to the work I have done in gathering evidence to demonstrate that this is a case of double dipping, you have done nothing to resolve this matter. You could, for instance, have checked your ANPR data for the approximate times I have told you I left and re-entered the car park. However, you have chosen not to do so.


The issue of double dipping, along with other sharp practices which are common in the private parking industry, has been discussed recently in Parliament in the context of a Private Members Bill to introduce strict regulation of the industry - firms like yours were heavily criticised during the debate. I will be making a formal complaint about this matter to my MP.


Since originally writing to you, I have discovered a feature on google maps on my smartphone which tracks my movements on a daily basis. It shows exactly where I went on the day in question. I enclose a print out of the relevant date. It shows........ [make sure you include the point about the time taken to travel from uni to pc world was clearly not at walking pace, and also did you then go elsewhere afterwards which would show that you didn't go back to uni?].


I insist that you stop writing to me, either yourselves or through agents instructed by you. You clearly have no claim against me and your continued efforts to extort money from me are harassing in nature and your continued determination to retain and process my data are a breach of my data protection rights.


I explicitly reserve my rights to issue a claim against your company for damages for harassment and for the breach of my data protection rights.


Yours faithfully etc.


Send a copy to the debt collector:


Dear Sirs,


Please see enclosed letter to your principal, Highview Parking, which is self explanatory. Please note the final two paragraphs. I reserve all my rights in relation to a claim for damages against your company as well as against your principal.


Then every time you get a new letter, write to say "I enclose a copy of my letter of x dated y" and just send them another copy.


And complain to your MP. There are plenty of threads on here about the parliamentary debate/reading of the Bill and what was said (The Deep posts about it almost daily!).

Umkomaas

@OP - excellent advice from Loadsofchildren123 who is a practising Solicitor (in case you don't spot that in her forum signature), so you won't get better advice.

Loadsofchildren123

Take heart from this: Highview do back down in double dipping


https://forums.moneysavingexpert.com/discussion/5837559/beat-highview

rm54

Thanks for all your help. I have now written to Highview, Debt recovery, Bill Wiggins MP and Sebastian James CEO of PC world!.
Hoping for a good outcome! It took ages (all day so far!) but without your help, especially the letter from 'loadsofchildre123' I wouldn't have been able to do it. xx

Coupon-mad

This is a very good example of a fightback against a double dipping case.

If they don't cancel it now, I would urge you to send a LBC then sue Highview. With our help, I reckon as we are so close to GDPR and data misuse is so high-profile (what with the Facebook debacle) they would very likely pay you £500 out of court to make it go away.

rm54

RESOLVED !!!!! Thanks Everyone

I wrote to pc world they said that it wasn't up to them...
I wrote to Highview they said pay up or else...
I wrote to my MP (Bill Wiggin)
He replied...
'I...have written to the Chief Executive of Highview Parking, together with the supporting evidence you have kindly provided, to request an urgent and throughout review of your case.
I have also taken the issue of unregulated parking companies up with the Government on your behalf so that the points you raise can be addressed directly by the Minister.
As soon as I have more information I will be back in touch....'

Then I got this from Highview....

'Thank you for your correspondence concerning the above stated Parking Charge Notice.
Further to your representations, we have investigated your claims and can confirm that your Notice has subsequently been cancelled in full and no further action will be taken.
Please accept our sincere apologies for any inconvenience caused in relation to this matter.

RESULT!!!
Thanks everyone.