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Tesco / Highview... i'm missing something. Could someone please assist???

24

Comments

  • Ralph-y...

    reading now, with interest and, in some cases, shock. To coin a younger person's phrase... this blows.

    O.a.B.
  • Something of interest i spotted which has probably been mentioned on other posts...

    As the hon. Member for Perth and North Perthshire (Pete Wishart) said, they are made to look like fines, but they are not—they are invoices...

    Is this also the case with the Tesco / Highview situation?

    O.a.B.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Something of interest i spotted which has probably been mentioned on other posts...

    As the hon. Member for Perth and North Perthshire (Pete Wishart) said, they are made to look like fines, but they are not—they are invoices...

    Is this also the case with the Tesco / Highview situation?

    O.a.B.

    Of course. Only a Court can issue fines.

    Police and Councils can issue fixed penalty notices, which, if you don't pay them, may lead to a fine being imposed by a Court.

    Private companies have no powers to fine anyone, their PCNs are simply invoices for alleged breach of contract. Your argument will probably be that there was no contract in the first place, or if there was, it wasn't breached.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • bargepole... ok, so in some respects, this Tesco 'lark' is the same kind of situation as the 2 forms of yellow and black tickets on windscreens then. Am i right in saying that? One is an actual fine, the other being an invoice (as Tesco)? Sorry for having to keep asking. I just want to be clear as to what i'm up against here!

    O.a.B.
  • Ralph-y
    Ralph-y Posts: 4,706 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    yes


    Ralph:cool:
  • Ralph-y... thanks! I'll reply when i hear from these comedians. Thanks to everyone for their help to date. Much appreciated!

    O.a.B.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    this Tesco 'lark' is the same kind of situation as the 2 forms of yellow and black tickets on windscreens then. Am i right in saying that? One is an actual fine, the other being an invoice (as Tesco)? Sorry for having to keep asking. I just want to be clear as to what i'm up against here!

    O.a.B.

    actually

    NO

    one is a Penalty Charge Notice (PCN) issued by the council CEO or the police (so NOT a "fine")

    the other is a private Parking Charge Notice (PCN) issued by a private company and is commonly known as an INVOICE (so NOT a fine)

    neither are "fines", even though people use that word as slang or incorrectly

    as BARGEPOLE clearly stated, a "fine" is issued by a court, so if it has not been to court or come from a court, it is NOT a "fine"

    people are incorrectly using the F word as a generic term which is what you have done (as do many others)
  • Ralph-y
    Ralph-y Posts: 4,706 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    standing in the corner .... reciting ......


    must do better ... must do better .... :rotfl:


    Ralph:cool:
  • Umkomaas
    Umkomaas Posts: 43,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As the hon. Member for Perth and North Perthshire (Pete Wishart) said, they are made to look like fines, but they are not—they are invoices...
    @OldAndBaffled - are you based in Scotland, and did the parking event take place there too?
    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
  • Umkomaas... nope. I'm in England, the Midlands. You have my curiosity. Why? Does this make a difference?

    P.S. No reply from this Highview bunch as yet. 3 days? Not very efficient are they.

    O.a.B.
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