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Highview Parking PCN - Albion Road Car Park, Bexleyheath


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My OH used local car-park on Sunday 22nd May to go shopping.

 

Entered car park.

 

No barriers or ticket collection on arrival.

 

Returned to car-park went to enter car details in first machine, in which shut-down.

 

Went to another machine entered details. Payment request advised in which she paid but this time did not take option to take receipt, in which she usually does. Therefore no way of not paying correct amount.

 

Left car park and again no barriers on exit.

 

Well today (2nd June 2016) she received the attached PCN (dated 31/5/16), details attached.

 

On googling certain car park it seems that she has not been the only one to encounter same issue.

 

Don't want to pay but I would appreciate if someone could kindly advise chances of appealing.

 

Thank-you

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Have a read of the parking prankster http://parking-prankster.blogspot.co.uk/2014/01/highview-parking-admit-all-their.html

 

DO NOT contact them yet, let Ericsbrother advise you first.

 

Have you got receipts or proof of purchase from the sops you went into whilst being parked in this car park?

 

Who owns it?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hello there.

 

I think it would be a good idea to edit out your registration and repost that attachment, so you can't be indentified.

 

HB

 

Thanks honeybee, all sorted :wink:

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Have a read of the parking prankster http://parking-prankster.blogspot.co.uk/2014/01/highview-parking-admit-all-their.html

 

DO NOT contact them yet, let Ericsbrother advise you first.

 

Have you got receipts or proof of purchase from the sops you went into whilst being parked in this car park?

 

Who owns it?

 

Thanks bazooka Boo, I will have a look in a moment.

 

I have quickly read up on some other forums about this lot and just wondered about legitimacy of notice.

 

It's sods law as has receipts for same car park day before. Why would she not pay when there is no way of not doing it, as ANPR car-park. Her words to me today.

 

I will ask her about shopping receipts but she is kicking herself for not getting a car-park one on day in question.

 

I believe it is Bexley Council according to website details.

 

They probably just want her to pay it but told her not to if got a case to appeal.

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Thanks bazooka Boo, I will have a look in a moment.

 

I have quickly read up on some other forums about this lot and just wondered about legitimacy of notice.

 

It's sods law as has receipts for same car park day before. Why would she not pay when there is no way of not doing it, as ANPR car-park. Her words to me today.

 

I will ask her about shopping receipts but she is kicking herself for not getting a car-park one on day in question.

 

I believe it is Bexley Council according to website details.

 

They probably just want her to pay it but told her not to if got a case to appeal.

 

Further to the above Bazooka Boo

I have just contacted Bexley Council, who inform me that they own part of car-park and the Marriott hotel the rest ?

 

Just spoke to the Marriott and they have a separate area and entrance/ exit via front of hotel who use Parking Eye for PCN's .

 

My OH entered and exit via Bexley Council part of car park.

 

Now how do I obtain proof as where she was parked ?

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AFAIK, it isn't for you to prove differently, it is for them to provide strict proof that the vehicle was parked on their 'clients' property.

 

Like I say, this isn't really my bag, Ericsbrother or others who have far more knowledge in this area will be able to advise, but I think that without them providing evidence/proof of who their client is exactly, then they are falling foul.?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks again and I will await further responses.

 

As you can see only photographic evidence is supposedly vehicle entering and leaving car-park.

 

Car-park ownership is divided. Cannot enter / exit hotel part (Parking Eye) from way my OH drove.

 

Bexley Council confirmed that they have no relationship with Highview Parking and have never heard of them. But then would they have anything to do with payment machines ?

 

OH attempted to pay at one machine in which did not work (after entering details) but then paid at another.

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their NTK is not compliant with the PoFA

they cant add £40 debt collection fees and their waffle about Beavis is misleading.

 

 

In short, there is no keeper liability and their letter is worthy of sending to Trading Standards for attempted fraud.

 

You have a but of time to deal with this in other ways so write a stiff letter of complaint to owners of hotel

and tell the that you have not used their facilities,

have no contractual relationship with Highview

and their demands for payment fall short of the requirements for keeper liability under the PoFA

and that you consider them culpable for their agent's attempt to obtain money by deception

and what are they going to do about this mess that is of their creation

because they hired a bunch of incompetents to manage their parking spots?

 

When you get a response from the hotel chain post that up here

and we will suggest a form of words to send Highview as an appeal/cease and desist.

 

 

You may have to complain to the BPA about them as well (not that will make much difference

but then they cant claim not to know thei members are up to no good again)

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Hi ericsbrother thanks for your reply.

 

After further discussion with OH when returning home from work, it now transpires that it was an adjacent car park in the same road. Address on PCN not very clear, same road but no specific mention of which one ?

 

The facilities are shared for residents of a Premier Inn / Brewers Fayre and local gym.

 

As only local I drove up to car-park in question to check signage and take photos etc. I went to reception of Premier Inn to explain circumstances. They kindly passed me parking details for residents in which states that the car park is operated by Skillcrown Homes Ltd (details attached). Would these be the owners now ?

 

They also confirmed that other residents had incurred same problems and complained. The machine in question is recorded by Premier Inns CCTV and also by Skillcrownhomes. Should I request footage of CCTV for day in question ?

 

Now my OH informed me that she followed procedure as stated, confirmed details and made payment by cash but then machine shutdown but kept funds.

 

With this further information, please can you kindly advise if I am still to proceed as previously mentioned and who to.

 

Is there a strongly worded template letter or if I draft something up could someone kindly look at it.

 

Finally do I need to contact Highview Parking as I have only until 14/6/16 to respond, if all legit.

 

Sorry for any inconvenience caused but now I have the true facts of the event in question.

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Just checked map details and entrance / exit is on Royal Oak Road off of Albion Road but not stated on notice ?

 

and sorry ericsbrother what does NTK mean ?

 

Thanks

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NTK = Notice to keeper.

 

As Eric says, there is no keeper liability as they have negated any PofFA.

 

So pretty much, they're stuffed!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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NTK = Notice to keeper.

 

As Eric says, there is no keeper liability as they have negated any PofFA.

 

So pretty much, they're stuffed!

 

Thanks again Bazooka

 

It's been confirmed by Premier Inn staff that location of entrance / exit is Royal Oak Road not Albion Road. Don't know if that will add to defence but I just wanted clarity.

 

I have contacted Skillcrownhomes regarding ownership of Car-Park and CCTV evidence of the payment machine in question.

 

They have replied that request has been passed to relevant person who will reply asap.

 

Also on checking signage yesterday, there is no mention of Skillcrownhomes, only that the car-park is enforced by Highview Parking.

 

Shall I just await response before submitting appeal details ?

 

Got until 14/6/16 to respond.

 

Or on what has been provided so far, will this be enough to contest charge now ?

 

Thanks again for help / advice.

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It is clear that Highview dont know their arse from their elbow. Without digging into the directors of both companies it is safe to assume they are not related and therefore cannot assign any rights so that makes it nigh on impossible for them to offer a contract. Highview have a history of this, not knowing where their car parks are and I think it was them who claimed they managed a council car park next to one of theirs and the judge had to visit it himself to make sense of their claim (they lost).

 

So, what to say in your appeal? I would send them a statement saying that "it is denied that a contract has been formed between Highview parking and the driver or keeper of the vehicle reg XXX YYY on the grounds that Highview do not have any rights to form contracts on the land where it was parked and the CCTV was incorrectly monitoring land that is not under their control, which is also a breach of the DPA.

 

Also, the demand sent to the keeper on xx/xx/16 is anyway not compliant with the PoFA 2012 and thus no keeper liability could be created by any action of the driver of the vehicle at the time. Any further demands from Highview or any person acting on their instruction will be reported as attempted fraud and harassment"

 

Dont mention any other evidence you have as yet as you can use it to damage them if they dont agree to drop the matter.

Edited by honeybee13
Paras.
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It is clear that Highview dont know their arse from their elbow. Without digging into the directors of both companies it is safe to assume they are not related and therefore cannot assign any rights so that makes it nigh on impossible for them to offer a contract. Highview have a history of this, not knowing where their car parks are and I think it was them who claimed they managed a council car park next to one of theirs and the judge had to visit it himself to make sense of their claim (they lost).

 

So, what to say in your appeal? I would send them a statement saying that "it is denied that a contract has been formed between Highview parking and the driver or keeper of the vehicle reg XXX YYY on the grounds that Highview do not have any rights to form contracts on the land where it was parked and the CCTV was incorrectly monitoring land that is not under their control, which is also a breach of the DPA.

 

Also, the demand sent to the keeper on xx/xx/16 is anyway not compliant with the PoFA 2012 and thus no keeper liability could be created by any action of the driver of the vehicle at the time. Any further demands from Highview or any person acting on their instruction will be reported as attempted fraud and harassment"

 

Dont mention any other evidence you have as yet as you can use it to damage them if they dont agree to drop the matter.

 

Thanks so much ericsbrother

 

I will draft something up tomorrow.

 

And will keep you posted.

 

:wink:

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I have today received a response from SkillCrown Homes Limited confirming that they are the owners of the car-park and the entrance / exit is Royal Oak Road off of Albion Road.

 

Should I be asking about their relationship with Highview Parking ?

 

Or just get response of to Highview as previously advised.

 

Thanks for looking.

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I have today received a response from SkillCrown Homes Limited confirming that they are the owners of the car-park and the entrance / exit is Royal Oak Road off of Albion Road.

 

Should I be asking about their relationship with Highview Parking ?

 

Or just get response of to Highview as previously advised.

 

Thanks for looking.

 

Further to the above, I have today received additional information from SkillCrown Homes Limited.

 

"That is the address of the car park, Royal Oak Road, Bexleyheath.

 

CCTV footage can be requested via your insurance company or the police due to data protection.

 

Kind Regards

 

Fiona".

 

ericsbrother shall I just send letter to Highview as previously advised ? Do I need to add anything to what you stated ?

 

Thanks

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I have today received a response from SkillCrown Homes Limited confirming that they are the owners of the car-park and the entrance / exit is Royal Oak Road off of Albion Road.

 

Should I be asking about their relationship with Highview Parking ?

 

Or just get response of to Highview as previously advised.

 

Thanks for looking.

 

And do I forward to Appeals address at Highview ?

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It is for Highview to make their case, not you disprove it so I would keep to denying that there is a contractual obligation.

 

It could be that the landowner (Skillcrown) has a contract to let highview manage their car park but in this case I suspect that Highview have problems with their map!

 

As siad before, dony give Highview any information that you may wish to use at a later date, let them make the mistakes and thenbe damned for them later.

Edited by honeybee13
Paras.
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It is for Highview to make their case, not you disprove it so I would keep to denying that there is a contractual obligation.

 

It could be that the landowner (Skillcrown) has a contract to let highview manage their car park but in this case I suspect that Highview have problems with their map!

 

As siad before, dony give Highview any information that you may wish to use at a later date, let them make the mistakes and thenbe damned for them later.

 

Many thanks again ericsbrother for your time and enlightenment.

 

I today received the following e-mail from the owners of the car-park, further to my enquiries regarding CCTV footage etc.

 

"Dear Mr XXXX

 

Further to your previous questions, please be advised that Highview parking are employed by us to deal with payments and PCN’s

 

I have checked our system and the parking in question was paid for and the PCN issued incorrectly, there must have been an issue with the payment software.

 

I will contact Highview to cancel the fine and issue an apology.

 

I am sorry that you have received this and could have dealt with this quicker if I had been given the full information.

 

Should you have any future queries at the car park please contact me directly as I am always happy to help.

 

Kind Regards

 

Fiona " End Quote

 

Now do I need to do anything regarding these cowboys - How many paid up regarding the same and similar circumstances when they shouldn't of have !

 

Or do I just await an apology from Highview ?

 

Many Thanks

 

Baz

 

:wink:

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you wont get an apology, just a miserable "it wasnt our fault but as a gesture of goodwill we will let you off just this once".

As I said above, dont contact Highview.

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you wont get an apology, just a miserable "it wasnt our fault but as a gesture of goodwill we will let you off just this once".

As I said above, dont contact Highview.

 

Ok ericsbrother many thanks.

 

I had only requested CCTV info from owners and in which they wanted to know why I needed them. I told them about circumstances on day in question and requested contractual evidence between them and Highview.

 

So just do nothing for now ?

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absolutely. the more you try and resolve this the more it becomes apparent that you are worried about it and the greater the liklihood they will carry on regardless of what their landlord says.

stop trying to dig a hole for yourself.

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absolutely. the more you try and resolve this the more it becomes apparent that you are worried about it and the greater the liklihood they will carry on regardless of what their landlord says.

stop trying to dig a hole for yourself.

 

OK thanks again ericsbrother

 

Thanks for your time.

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