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ASupertramp

Highview Parking - Salford, Gala Bingo

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Hello,

 

My car lease company have received an invoice from Highview Parking which they have sent on to me, demanding £95 for staying in their carpark for 43 minutes. They initially offered a discount of £40 but by the time I received the letters from the lease company, the 14 days had expired.

 

There is photographic evidence of me entering and leaving the car park. However, I used the car park to drop someone off at a police station opposite and returned again to collect them. I used the car park to turn around in as the signs stating that it was pay to park aren't visible until you get inside the car park.

 

Do I have any grounds to appeal? Also my lease company state that if they get a further demand to pay, they will pay and charge me.

 

1 Date of the infringement

 

13/10/16

 

2 Date on the NTK

 

20/10/16 (received by lease company on 25/10/16, received by me on 5/11/16)

 

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?

 

No

 

5 Is there any photographic evidence of the event?

 

Yes - entering and leaving

 

6 Have you appealed?

 

No

 

7 Who is the parking company?

 

Highview Parking

 

8. Where exactly [carpark name and town]

 

Gala Bingo, Salford

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Others on this site will be along to advise you with much better and more accurate advice of how to deal with this ridiculous speculative invoice ( and yes you most certainly have many grounds to appeal. "It's not true" being the strongest one there is) , but in the meanwhile I believe Parking Prankster ( google it) has gone to town on the misuses and abuses of ANPR cameras and parking companies who use them. Well worth a read

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for the moment there are 2 things you can do, appeal telling them that there was no breach of contract as you merely used the car park to perform a maneouvre to turn the vehicle around (there is case law allowing this) and hope they accept this and cancel the charge ( they wont as they are greedy and stupid) or ignore this and wait for something more substantial after an expected series of begging letters from companies like Debt Recovey Plus.

Whatever you do, keep any letters you get safe for at least a couple of years as they often try their luck after this time knowing most people have binned all of their alibi evidence.

tell your lease company that they have no right to create a contractual obligation on your behalf and you will sue them to recover any monies taken from you for this reason. remind them that once they name you as the driver at the time thier interest in the matter is ended as there is no liability on their part to pay anyone anything. They often pay up and charge you becasue it is quicker rather than being right or wrong. The parking co's hope that they will pay up even if you refuse.

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To completely remove the lease company from this situation, you are going to have to state you were the driver as otherwise Highview will go back to the lease company who have said they will pay and pass this on to you.

 

From what I can gather, Highview don't do court. I suggest you appeal on the 'double dip' route and demand a full audit trail of vehicles entering and exiting on that day which (assuming the cameras were working properly) should show you entered and exited twice. You will still get rejected by Highview but as they are members of the BPA they must issue you with a POPLA code so you can take it to the 'Independant' appeals service.

The person you dropped off should be able to confirm that you left the scene and returned later to pick them up.


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