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Tesco - highview parking - after hours use case study

dolmitas8
dolmitas8 Posts: 11 Forumite
Hi, I've read the newbie thread, POPLA decision thread, and searched for previous Highview case studies.

I'm still a bit puzzled looking at the appeal templates. Someone in the POPLA appeals thread recently got theirs rejected using the same line of thinking I was planning to use :\

TL;dr -
The driver parked in Tesco car park on a Sunday evening around 9pm after it was closed. Tesco closes at 5pm. All the shutters to the store were down including the pay machines but entry to the car park was open. There was no way to buy a parking voucher at this time of night. They parked there as they have done about 50 times over the past 7 years after Tesco closing time. Now I've received a ticket for the first time.

I've uploaded the signs in the car park.

Not sure how to tackle this.

Thank You
«1

Comments

  • dolmitas8
    dolmitas8 Posts: 11 Forumite
    I've uploaded the letter and signage:

    Letter:
    https://ibb.co/qyNz7MN

    Sign outside the car park:
    https://ibb.co/WpSjyK2

    Signs inside the car park:
    https://ibb.co/Yk4MZhn
    https://ibb.co/g7SfjGv
    https://ibb.co/mCWCSYs
  • Guys_Dad
    Guys_Dad Posts: 11,025
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    edited 22 July 2019 at 11:26AM
    dolmitas8 wrote: »
    I've uploaded the letter and signage:

    Letter:
    https://ibb.co/qyNz7MN

    Sign outside the car park:
    https://ibb.co/WpSjyK2

    Signs inside the car park:
    https://ibb.co/Yk4MZhn
    https://ibb.co/g7SfjGv
    https://ibb.co/mCWCSYs


    But the t&c inside the car park are pretty clear the way you receive free parking that require you to spend £5 in store and use a voucher to get free parking.
  • If you had read the NEWBIES you would know that the DRIVER visited Tesco and the KEEPER has received the NTK.
    So edit your original post to reflect this.

    Next send the BLUE appeal template from the NEWBIES as KEEPER.
    Highview usually cancel very quickly so no need to worry about POPLA.
  • fisherjim
    fisherjim Posts: 5,981
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    Forgetting you have received a charge from greedy scammers for a moment, it clearly states that this car park is for Tesco customers, and is private land, why do you think you have a right to ignore that?


    Had you read the T&C's then left you may have been ok but now you are in it to win it!


    Your actions are exactly the reason why landowners fall for the lure of free car park management.


    You now are on the Private Parking Charge merry go round and will have to follow the tried and tested route spelled out in the newbies thread to get off it.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    If it is any comfort, many drivers win these on legal loopholes, but you have rather shot yourself in the foot.
    You never know how far you can go until you go too far.
  • dolmitas8
    dolmitas8 Posts: 11 Forumite
    edited 24 July 2019 at 12:37PM
    Thanks for the swift replies guys. Really appreciate it. :money:
    Guys_Dad wrote: »
    But the t&c inside the car park are pretty clear the way you receive free parking that require you to spend £5 in store and use a voucher to get free parking.
    If you had read the NEWBIES you would know that the DRIVER visited Tesco and the KEEPER has received the NTK.
    So edit your original post to reflect this.

    Next send the BLUE appeal template from the NEWBIES as KEEPER.
    Highview usually cancel very quickly so no need to worry about POPLA.
    The_Deep wrote: »
    If it is any comfort, many drivers win these on legal loopholes, but you have rather shot yourself in the foot.
    Forgetting you have received a charge from greedy scammers for a moment, it clearly states that this car park is for Tesco customers, and is private land, why do you think you have a right to ignore that?


    Had you read the T&C's then left you may have been ok but now you are in it to win it!


    Your actions are exactly the reason why landowners fall for the lure of free car park management.


    You now are on the Private Parking Charge merry go round and will have to follow the tried and tested route spelled out in the newbies thread to get off it.

    Sorry, they're actually a customer of that Tesco. They figured that it 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. :(

    They 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.
  • KeithP
    KeithP Posts: 37,433
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    Why don't you just follow the advice you have already been given by Egbert Nobacon?

    Send the already written for you blue text template appeal you will find in post #1 of the NEWBIES thread.

    Send it unchanged - no additions or alterations needed.

    Send it as the keeper.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    The only grounds to appeal now is GPEOL which seems risky.

    It is a non starter since Barry Beavis lost in the Supreme Court, but they have masses of other hurdles to clear, which is why we win so many claims.

    If they take you to court read this.

    https://forums.moneysavingexpert.com/showthread.php?t=6014081
    You never know how far you can go until you go too far.
  • waamo
    waamo Posts: 10,298
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    Crikey how do people made hard work of cutting and pasting a template from the faq thread on this board?

    They see the template and cancel. How hard is that?
  • Umkomaas
    Umkomaas Posts: 41,256
    First Anniversary Name Dropper First Post Photogenic
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    edited 22 July 2019 at 8:34PM
    The_Deep wrote: »
    The only grounds to appeal now is GPEOL which seems risky.

    It is a non starter since Barry Beavis lost in the Supreme Court, but they have masses of other hurdles to clear, which is why we win so many claims.

    If they take you to court read this.

    https://forums.moneysavingexpert.com/showthread.php?t=6014081

    Whenever I make a similar observation TD, you query it with a 'Why?' and asking me to justify my advice.

    Have you changed your mind and now accept my consistent position on this? Your turn, Sir!

    What's changed?
    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
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