PCN from Highview/ Tesco - car broke down!

Maureen43

Hi All

My son (18) got a PCN from Highview for being in Tesco car park for
four hours.

He had broken down and was waiting for the RAC! Presumably they also have the RAC van on film, arriving and leaving!

Anyway...please can someone point me at a letter template to send to
Highview to get this cancelled? Does he need to appeal to get the ticket cancelled?

Thanks

BrownTrout

No they wont have the rac on film. But get a copy of report from rac. Easy

KeithP

Send the already written for you, one size fits all, blue text template appeal that can easily be found in post #1 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL].

Send it unchanged - no additions or alterations needed.

Send it as the keeper.

NeilCr

I'd see if Tesco will do a landowner cancellation. If your son was a customer at the time (or you are regular customers there) then that's good. Ask for the manager at the store

I presume you have the RAC report to show them.

Egbert_Nobacon

Send the BLUE NEWBIES appeal template (one click back third thread down) as keeper.

Highview usually cancel within 24 hours.

Also as advised complain to the Tesco store MANAGER.

The_Deep

If his had been issued by a local authority it is more than iikely it would be cancelled, see MC22

https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

A PPC would therefore struggle in court to claim breach of contract against a defence of "frustration of contract", see

https://en.wikipedia.org/wiki/Frustration_in_English_law.

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Umkomaas

The_Deep wrote: »

A PPC would therefore struggle in court to claim breach of contract.

Particularly one that has never, ever taken anyone to court previously, and they're not going to start with you @OP!

KeithP

Maureen, it won't help your son this time, but on another thread I wrote:

Earlier this year I had a problem starting my car in a Tesco car park after shopping there and I knew it would be several hours before I could get my car moved.

I spoke to someone on the Customer Services Desk who put my reg no into a terminal on the desk.

"You now have permission to stay on the car park for 24 hours" she said. Continuing "if that's not enough, come back and speak to me again".

The moral is - if you find yourself in this situation again, ask for help at the time.

Maureen43

Thanks, but the template is for scenarios where there has only been an overstay of a few minutes, rather than hours. Also the issue doesn’t related to signage, or lack of it.

Plus, we have to identify the driver if we are to produce proof of his breakdown as a defence.

KeithP

I repeat - the keeper should send the blue text template appeal without change.

It is widely thought that some PPCs don't even bother to read appeals.

However, some PPCs, including Highview, seem to recognise the MSE forum appeal and put it in the 'not worth pursuing' pile.

The_Deep

Maureen43 wrote: »

Thanks, but the template is for scenarios where there has only been an overstay of a few minutes, rather than hours. Also the issue doesn’t related to signage, or lack of it.

Plus, we have to identify the driver if we are to produce proof of his breakdown as a defence.

You are perfectly entitled to alter templates to suit the circumstances you know. Why do you have to identify the driver, and why does that matter?