Isn't that out of date now due to new legislation recently?
Parking Eye PCN
- Thread starter nichorob
- Start date
Isn't that out of date now due to new legislation recently?
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You shouldn't of ignored them in the first place, and contested it from day one and used POPLA to assist you.
Looks like you'll be going to court sometime soon
Or pay the £100 of course
I'm onto my second letter from Highview Parking, the advice from Pepipoo and Moneysavingexpert is still to bin these letters. Apparently you still get a letter chain of about 6 letters getting progressively more scary, but they only take a tiny tiny percentage of offenders to court.
My 'offence' was driving through a car park twice about 2 hours apart over christmas. I know for a fact that i didn't park in it, I was dropping someone off and picking them back up. I'm not going to consider contesting it, as I haven't done anything wrong - I can't be bothered to waste my time with these scumbags.
In the extremely unlikely event I get taken to court I'll state my case and pay up if I have to, but realistically that's not going to happen*.
* Hopefully.
My 'offence' was driving through a car park twice about 2 hours apart over christmas. I know for a fact that i didn't park in it, I was dropping someone off and picking them back up. I'm not going to consider contesting it, as I haven't done anything wrong - I can't be bothered to waste my time with these scumbags.
In the extremely unlikely event I get taken to court I'll state my case and pay up if I have to, but realistically that's not going to happen*.
* Hopefully.
They still can I let pursue the registered keeper for any loss incurred under the new act, the loss is absolutely zero, if still ignore they won't take anyone to court as when they do it will set a precidence when the judge says they didn't suffer any loss etc.
has anyone dealt with highview parking? I went 30 minutes over the max stay allowed in a free carpark, where all the shops were shut...I thought they were only allowed to charge incurred losses under UK civil law, not penalties? Cant find any case law on it though :\ I might send them a cheque for a fiver and ask them to prove any losses above and beyond this.
They want £75 or £50 if paid within 14 days.
Thanks,
Tom.
They want £75 or £50 if paid within 14 days.
Thanks,
Tom.
It seems the old advise of ignoring it could be risky as the registered keeper is responsible, so simply saying I wasn't driving and I'm not telling you who was will not work. As it was a free car park the charge is way out of line so you have grounds to appeal based on the charge exceeds the appropriate about.
If I were you I would write to them admitting you were the driver but appeal the charge "The parking charge (ticket) exceeded the appropriate amount". They have 14 days to acknowledge your appeal and 35 days to accept or reject. If they fail to get back to you then the charge is void.
If the do respond back and reject your appeal they must include a POPLA form with a 10 digit reference code which you can use to appeal to POPLA. Again if they fail to include the form the charge is void. Once you have appealed to POPLA their decision is final and of course could go either way and you might be liable to pay the higher amount as appealing does not extend the 14 lower amount, only the 28 day full amount.
I'd still ignore it... only mugs pay private parking companies.
Until I'm taken to court, I'll carry on ignoring them. Even if, by some huge travesty of justice, they win and I'm forced to pay their speculative invoice, I'll still be up by several hundred pounds...
Until I'm taken to court, I'll carry on ignoring them. Even if, by some huge travesty of justice, they win and I'm forced to pay their speculative invoice, I'll still be up by several hundred pounds...
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^^ Exactly,
I myself would wait for a court date, find me some court cases where people have been made to pay?
Mug if you pay this. I've ignored many of these, the latest a couple of months back.
I myself would wait for a court date, find me some court cases where people have been made to pay?
Mug if you pay this. I've ignored many of these, the latest a couple of months back.
I'm onto my second letter from Highview Parking, the advice from Pepipoo and Moneysavingexpert is still to bin these letters. Apparently you still get a letter chain of about 6 letters getting progressively more scary, but they only take a tiny tiny percentage of offenders to court.
My 'offence' was driving through a car park twice about 2 hours apart over christmas. I know for a fact that i didn't park in it, I was dropping someone off and picking them back up. I'm not going to consider contesting it, as I haven't done anything wrong - I can't be bothered to waste my time with these scumbags.
In the extremely unlikely event I get taken to court I'll state my case and pay up if I have to, but realistically that's not going to happen*.
* Hopefully.
I had a case of this while delivering to tescos in 2006.
I dropped off in the morning, collected a return in the afternoon, received a parking charge from their car park operators a few days later.
I didnt even bother contacting them, I just went into the store and asked to see the manager and asked him to make it go away and to ask the people operating his car park to not be so monumentally stupid in future (yes I am aware it is automated I was annoyed at the time).
As part of the contract you take out when parking on the site is you have read the terms and conditions that are clearly displayed for you to read and take note off on the signs. The contract is then entered when you park under these terms. The contract is with the driver, as the registered keeper is now liable if they were not the driver they could have not agreed to the terms of the contract as the keeper wasnt there to read the terms.
If the registered keep was also the driver then do not appeal or identify yourself as the driver in any way to the company issuing you with the invoice. The registered keeper is under no legal obligation to reveal who the driver is/was as it is a civil invoice and not a fine. As the contract wasnt entered into by the registered keeper even though liable it isnt a fine it is an invoice issued by the company for breaching "TRERMS" of a contract you as the registered keeper never agreed to enter into.
Also the charge for breach of contract can only be for cost incoured and not a fine ie a deterrant. £60 for going over a 2 hour parking limit can be argued as a fine and not a true £ reflection of the cost incoured to the owner of the land or the comapny managing the parking terms.
Urban myth? Is it worth testing this defence for an over due invoice.
If the registered keep was also the driver then do not appeal or identify yourself as the driver in any way to the company issuing you with the invoice. The registered keeper is under no legal obligation to reveal who the driver is/was as it is a civil invoice and not a fine. As the contract wasnt entered into by the registered keeper even though liable it isnt a fine it is an invoice issued by the company for breaching "TRERMS" of a contract you as the registered keeper never agreed to enter into.
Also the charge for breach of contract can only be for cost incoured and not a fine ie a deterrant. £60 for going over a 2 hour parking limit can be argued as a fine and not a true £ reflection of the cost incoured to the owner of the land or the comapny managing the parking terms.
Urban myth? Is it worth testing this defence for an over due invoice.
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[QUOTEl=RedMogg;24030495]I'd still ignore it... only mugs pay private parking companies.
Until I'm taken to court, I'll carry on ignoring them. Even if, by some huge travesty of justice, they win and I'm forced to pay their speculative invoice, I'll still be up by several hundred pounds...[/QUOTE]
Its a company car so unfortunately they'll get far more twitchy than I will so I do need to address it
Until I'm taken to court, I'll carry on ignoring them. Even if, by some huge travesty of justice, they win and I'm forced to pay their speculative invoice, I'll still be up by several hundred pounds...[/QUOTE]
Its a company car so unfortunately they'll get far more twitchy than I will so I do need to address it
Its a company car so unfortunately they'll get far more twitchy than I will so I do need to address it
Might be worth speaking to your fleet administrator, explain what has happened and explain why you think the notice isn't valid and see what they say. You never know they may help.