Parking charge notice - Highview Parking **Won at POPLA**

[ericsbrother]

When they refuses your submissions did they give you the POPLA code they are obliged to issue? It might be disguised as a reference number so check the ref no and if it is 11 digits long it is the POPLA code.

No POPLA code and hiding the code as something else are both no-no's so write back to them and complain that you havent been given the popla code/code hidden in document and send a copy of their rejection letter and your letter to the BPA as a complaint about the parking co being in breach of their trade association regulations. You will get your POPLA code then.

If it was hidden then you need to appeal to POPLA and make your appeal on the basis of no breach of contract due to confusing signage-show what you ahve here plus further detail about location of their machine and signage. Also say that the charge demanded from you does not represent their losses as that has already been agreed at £2.20 (or whatever the fee for 30 mins should be) an their demand for more than this represents an unlawful penalty rather than a claim for liquidated damages.

Another point on your appeal should be that you believe that the ticket machine money goes to the landowner and there has been no loss to the company acting on his behalf and therefore you want proof of contract between the landowner and the parking company that allows them to form contracts with the public in their own name rather than just acting as agents of the landlord before you will consider paying the £2.20 fee again.

[ericsbrother]

just offer it up here, you will get more help from others then.

[ericsbrother]

what that means is Highview should have sent you a bill for the excess parking plus, say, an admin charge of £x and not an automatic demand of whatever they decide to put on their signs.

Had you not paid anything it is possible that the assessor would consider the amount set out on the sign to be a true breakdown of their losses so it is important to differentiate between demands of excess charges and breach of contract penalites in free car parks.

The reverse of this is what do you get for your £2.20 you paid? can you sue for their breach of contract?

A sensible result and good for you but as the assessor qualified their decision I would warn people who havent paid to park when there is a charge to word their appeals very carefully indeed as the parking co's will want to earn something.