Tesco - highview parking - after hours use case study

MistyZ

Egbert_Nobacon wrote: »

Next send the BLUE appeal template from the NEWBIES as KEEPER.
Highview usually cancel very quickly so no need to worry about POPLA.

Re-read the first 5 words of that last line. The poster knows what they're talking about. Send the appeal.

Submit it carefully mind. Make sure you appeal as Registered Keeper and take a screenshot before submitting as unless you're careful the drop-down choice may revert to 'Driver'

Don't angst over this.

Fruitcake

dolmitas8 wrote: »

Thanks for the swift replies guys. Really appreciate it. :money:

Sorry, I'm actually a customer of that Tesco. Figured I wouldn't be doing any harm when the store is closed.

I've had a look at the templates on here, on the main site and parking cowboys, and don't see a way out of it. :(

I honestly believed it was out of bounds because whoever parks after hours is unable to ever get a voucher. That was the ideal way to appeal it but it appears not so.

The only grounds to appeal now is GPEOL which seems risky.

Thank you once again guys. Lesson learnt.

You only need one template. It's in blue text in post 1 of the NEWBIES, but first you need to edit your initial post and only refer to The Driver and The Keeper, who are two different people.

You have already been told to use this template, and you have already been told to edit your post, but for some reason you have chosen not to do either.

Never ever use anything you find in the main site. It is old, out of date, and gives incorrect advice.

As for GPEOL, that has had no legs since the Beavis case in 2015.

Umkomaas

As for GPEOL, that has had no legs since the Beavis case in 2015.

Now seemingly accepted by Judge D P Dance!

[Deleted User]

The only grounds to appeal now is GPEOL which seems risky.

I'd beg to differ, but each to their own. Never any guarantees in litigation, mind. An alternative way of looking at the signs in post #2 for the defence might be:

1. The sign appears to suggest that parking restrictions apply at all times. The restrictions do not cease after hours.
2. However, it is an absolute requirement to validate the ticket if you are not to breach terms.
3. It is impossible to validate the ticket after Tesco hours.
4. The sign does not say you may not park after hours
5. It was impossible to shop and validate the ticket when you parked (as you might have chosen to, had that been possble). The alleged contract was impossible to perform from the outset - as it is every day once Tesco closes.
6. Since the car was parked out of hours the justification for a penalty in Beavis isn't even met (the need to facilitate churn in parking bays for customers). As the site had no commercial revenue to facilitate at that time, the penalty (it's not a parking payment) has no justifiable/proportionate basis.
7. The site could have had enforceable barrier restrictions or P&D as alternative terms. It does not. That is a fault in the drafting, not if the defendant.

[Deleted User]

https://en.m.wikipedia.org/wiki/Impossibility

Egbert_Nobacon

It can’t be made any clearer edit your post and send the BLUE template.

Otherwise you risk snatching defeat from the jaws of victory.

Coupon-mad

Tesco - highview parking - after hours use case study

I stopped there, and I read nothing more, as the thread has no need to be discussed. I am astonished you wasted so much time and still can't see the wood for the trees.

Didn't you just search Highview as your keyword, and learn this, and laugh?:

Highview fall over within hours when they see the forum template! Surely you read some Highview threads?!