Need help with Highview parking!

bandolockdown98

Hi, so Im a new driver and was totally oblivious to how parking operators issue tickets. Heres some background information. Im a disabled blue badge holder and overstayed in a retail car park by 50 minutes due to no fault of my own. Basically I went to do some shopping and eat but unfortunately left the car interior lights on by accident (stupid I know! but its my first car so I was clueless). Due to this, my car battery went flat and I couldn't start the car. The car park allows free parking for up top 3 hrs. By the time I got to my car it was 2 hrs 45 mins in. I didn't have breakdown cover and can't afford to call someone to come over so I had to call some friends to start my car again. Like I said earlier, I'm disabled so I can't exactly jump start it on my own otherwise I would've done so. So after it got sorted I went home and thought nothing of it. This was in January.

Then a few weeks later, I get a parking ticket sent home. The charge was £100, reduced to £60 if I pay on time. I appealed due to my extenuating circumstances. They rejected it. Appealed again, showed them my blue badge and explained my situation, they just kept sending me automated messages and reject it. Then I appealed to popla thinking they would be fair, they reject it without even acknowledging my circumstances of my disability and my car battery going flat. So now the charge has gone up to £170.
I told Highview parking that I can't afford to pay due to me being unemployed and scraping by due to my disability but I just kept getting automated messages rejecting me. I just found out about this site and the forums explaining what should newbies do but I already appealed and admitted to being the driver and lost the popla so I don't know what to do now??

£170 is excessive in my opinion and I cannot afford it. Ive read somewhere that parking companies cannot charge more than £100. So do I email my MP explaining this to get it reduced? Do I just appeal again and send them the blue template on the newbie forum (even though I already admitted to being the driver?) Do I just ignore it? People have told me that I should just ignore it and they will drop it after a few months but it doesn't look like it as It happened in January and I'm still getting letters. Its taking a toll on my health to be honest. Ive also read that somewhere that people ignore them and then nothing happens (so they assumed its been dropped) but a few years later they get a letter to attend court. Now I don't really want to be going to court years down the line and don't want to be harassed with letters until then or get have debt collectors sent to my door! I need to get them to drop it somehow but I don't know how since I've only discovered this forum after I appealed the wrong way! Also the retail park has multiple shops so I don't know if theres a specific land owner. I looked at the land registry and couldn't find anything and I doubt the shops will either.

Any advice will be appreciated.

Fruitcake

This is a case of frustration of contract. You were prevented for leaving the car park within the 3 hour limit due to external circumstances.

Politely complain to the manager/CEO of every store visited. Complain to the landowner if you can find out who it is. It is worth paying a few quid to the land registry if you get a court claim.
@Umkomaas often posts ideas on how to find the landowner, so have a look at some of his posts.
Retail sites often have the contact details of the management company that operates the site on signs and the retail park's website.
Disabled motorists with protected characteristics are also entitled to reasonable adjustments in accordance with the Equality Act 2010. Allowing extra time would be a reasonable adjustment.

The BPA told all it's members earlier this year that they should be implementing the requirements of the forthcoming mandatory code of practice as a matter of urgency, even though they are not in force yet. One of these requirements was to cancel a PCN if a motorist produced their blue badge after the event.
You should complain to the BPA and refer them to their own instructions to their members.

You should also complain to your MP.

You cannot appeal again, so your main job now is to make complaints galore. You should ignore anything from powerless debt collectors, and anything else except real court proceedings.

You should also get photos of the site and signage in case this goes to court.

Where did the alleged event occur? It may have cropped up here before.

Umkomaas

Umkomaas often posts ideas on how to find the landowner, so have a look at some of his posts

Here you go .....

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

bandolockdown98

Fruitcake said:

This is a case of frustration of contract. You were prevented for leaving the car park within the 3 hour limit due to external circumstances.

Politely complain to the manager/CEO of every store visited. Complain to the landowner if you can find out who it is. It is worth paying a few quid to the land registry if you get a court claim.
@Umkomaas often posts ideas on how to find the landowner, so have a look at some of his posts.
Retail sites often have the contact details of the management company that operates the site on signs and the retail park's website.
Disabled motorists with protected characteristics are also entitled to reasonable adjustments in accordance with the Equality Act 2010. Allowing extra time would be a reasonable adjustment.

The BPA told all it's members earlier this year that they should be implementing the requirements of the forthcoming mandatory code of practice as a matter of urgency, even though they are not in force yet. One of these requirements was to cancel a PCN if a motorist produced their blue badge after the event.
You should complain to the BPA and refer them to their own instructions to their members.

You should also complain to your MP.

You cannot appeal again, so your main job now is to make complaints galore. You should ignore anything from powerless debt collectors, and anything else except real court proceedings.

You should also get photos of the site and signage in case this goes to court.

Where did the alleged event occur? It may have cropped up here before.

Hi, thanks for getting back to me. Sorry for the late reply. This event occurred on Hatters way retail park, chaul end, LUTON.
I cannot seem to find the landowner and the stores are not helping as it doesn't seem to be their problem, which I understand. I tried searching online but I cannot seem to find it either. I've looked at the signs outside and I can't really make out what it says. I'm completely new to all this so I am absolutely baffled.

I don't really want this to drag on for too long and the prospect of going to court within 6 years hanging over my head is worrying me. 

So to recap, Ill complain to the BPA and my MP. Highview parking also left an email for appeals which I can still email. So I think I'll email them and let them know that I've contacted the BPA and my MP and what they're doing is wrong. What do you think?

Any help appreciated.

bandolockdown98

Umkomaas said:

Umkomaas often posts ideas on how to find the landowner, so have a look at some of his posts

Here you go .....

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

The event occurred on Hatters way retail park, Chaul end, Luton. I've tried what you suggested but I keep getting lost....
I appreciate the help anyways.

Fruitcake

Earlier this year the BPA told all it's members it must start implementing the requirements of the new mandatory CoP that is due to come into force next year as a matter of urgency.
One of the requirements of the new CoP is allow mitigation and cancel charges as a result. 

In addition, the judge in the Jopson vs Homeguard case stated that attending to a vicissitude of some small duration is not parking. I would suggest that sorting out a flat battery was a case of attending to a vicissitude of some small duration, and therefore not a parking event.

I suggest you add both points in to your complaint to the BPA.

Umkomaas

bandolockdown98 said:

Umkomaas said:

Umkomaas often posts ideas on how to find the landowner, so have a look at some of his posts

Here you go .....

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

The event occurred on Hatters way retail park, Chaul end, Luton. I've tried what you suggested but I keep getting lost....
I appreciate the help anyways.

Took me just 2 minutes to find this. Get writing to Savills, they can be helpful. Explain to them exactly what happened. 

https://realla-media.freetls.fastly.net/uploads/property/brochures/original/p3X0RFmXkILFiU75bxevvQ

bandolockdown98

Fruitcake said:

Earlier this year the BPA told all it's members it must start implementing the requirements of the new mandatory CoP that is due to come into force next year as a matter of urgency.
One of the requirements of the new CoP is allow mitigation and cancel charges as a result. 

In addition, the judge in the Jopson vs Homeguard case stated that attending to a vicissitude of some small duration is not parking. I would suggest that sorting out a flat battery was a case of attending to a vicissitude of some small duration, and therefore not a parking event.

I suggest you add both points in to your complaint to the BPA.

Thats a very good point, thank you! I'll update you when they reply.

KeithP

bandolockdown98 said:

Umkomaas said:

Umkomaas often posts ideas on how to find the landowner, so have a look at some of his posts

Here you go .....

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

The event occurred on Hatters way retail park, Chaul end, Luton. I've tried what you suggested but I keep getting lost....
I appreciate the help anyways.

Is this car park local to you?

If so I suggest you go round there sometime soon and look at the shopping park's entrance sign.
(number 2 on @Umkomaas' list)

Google Street View shows that entrance sign and at bottom right on the southern side of that sign it says 'managed by...'. The rest cannot be read on GSV, but perhaps worth a visit....
[click on the image]

bandolockdown98

@Umkomaas thank you so much for the help, I've emailed them and I'll notify you when they respond. 

bandolockdown98

@KeithP yes it is local. Ill pop by there sometime soon and have a proper look. @Umkomaas found that savills owns the retail park. I've emailed them and waiting for them to respond. I hope its the correct one!