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    • Thanks dx. I will ignore until I hear anything further from them.  
    • So, so far we have -   1.  Appalling signage with the £60/£100-ish charge in particular being illegible.  No PP either.   2.  Double dipping, you actually obeyed what was on their silly signs.   3.  No locus standi.  A blank unsigned template is not a letter, let alone a contract.   4.  Double recovery.  As well as £50 legal costs they have invented £60 Unicorn Food Tax.   WS in post 99 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/417771-cel-pcn-claimform-tenerife-buildings-station-road-south-gosforth-newcastle-ne3-1qd-claim-discontinued/page/4/#comments   WS in post 87 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/421029-opcdcb-legal-anpr-pcn-paoloc-now-claimform-overstay-st-johns-retail-park-wolves-claim-discontinued/page/4/#comments   WS in post 122 is again useful for (1), (3) & 4  https://www.consumeractiongroup.co.uk/topic/410445-ukcpmgladstones-windscreen-pcn-claimform-vista-centre-salisbury-rd-hounslow-tw4-6jq-claim-dismissed/page/5/#comments   WS in post 58 with comments in post 59 useful for (3) and (4)  https://www.consumeractiongroup.co.uk/topic/422971-excel-anpr-windscreen-pcn-claimform-brewery-st-car-park-chesterfield-on-0207-2018-claim-dismissed/page/3/#comments   I haven't got time to look at the lot, but there are probably useful WSs in the following (scroll down the pages till you come to the WS, which will always be an attachment)   https://www.consumeractiongroup.co.uk/topic/419899-ukcpmgladstones-spycar-pcn-claimform-no-stopping-trinity-park-birm-airport-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/414313-cpmbw-windscreen-pcns-bw-pap-loc-now-claimform-residential-car-park-the-citrus-building-maderia-road-bournemouth-claim-dismissed-with-costs/   https://www.consumeractiongroup.co.uk/topic/421756-vcs-pcn-claimform-broomfield-developements-broomspring-close-s37xa-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/429200-excel-pcn-claimform-broomhill-roof-car-park-in-sheffield-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/419312-vcs-pcn-claimform-no-stopping-in-restricted-zone-bristol-airport-claim-dismissed/    
    • I don't understand why Leave.eu would want to leave and then stay in Europe anyway. I'm sure you don't either, TJ.    
    • Because we've seen the PPCs' antics a thousand times.  They always refuse appeals.  On every occasion they send out the same standard "threatening" letters.  In each case they then involve a third party to pretend the matter has somehow got more serious and the sum owed has increased.  It's got nothing to do with "sticking by their guns", it's what they always do, whether their case is good or if it's pants.   What do you think an unbiased judge would decide when you prove there was no sign at the entrance, just one in the car park at the height of the stratosphere, that the cafè owners had to stick up their own signs to protect their customers, that ages after your visit PCMUK finally installed decent signage, etc., etc? 
    • Thank you Andy    The Court have not confirmed solicitors so we shall proceed as agreed with the DQ by 25 January 2021.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Highview Parking overstay charge notice - Crownhill, Plymouth..


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Good evening,

 

My first post here ...

 

 

1 Date of the infringement 20/06/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 16/07/2018 reminder - never received any previous notices

 

3 Date received 18/07/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Y

 

5 Is there any photographic evidence of the event? Y

 

6 Have you appealed? {y/n?] post up your appeal] Y

(...) 19/07/2018 09:35:22 There was a traffic light failure on the exit of car park and I was stuck in the car park for more than 90 minutes trying to leave the premises after some shopping at B&Q which lead to overstay. The letter dated 16/07/2018 is the first I have received regarding the case. (...)

 

Have you had a response? [Y/N?] post it up Y

(...) Thank you for your correspondence relating to your Parking Charge Notice (PCN). .......

 

The PCN was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations.

 

Clear signs at the entrance of this site and throughout inform drivers of the 4 hours maximum stay at this site, and it is the driver’s responsibility to ensure that they allow enough time to remove their vehicle from the premises within this time limit. The fact that you were unaware of the restrictions that are in place is not considered a mitigating circumstance for appeal.

 

In light of this, on this occasion, your representations have been carefully considered and rejected.

 

We can confirm that we will hold the charge at the current rate of £100.00 for a further 14 days from the date of this correspondence.

 

----------

You have now reached the end of our internal appeals procedure.

 

Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this letter. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge. To appeal to POPLA, please go to their website and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.

 

Your POPLA reference number is:xxxxx (...)

 

 

 

7 Who is the parking company? Highview Parking

 

8. Where exactly [carpark name and town] Crownhill Reatil Park - Plymouth

 

 

Is there any chance for a succesful appeal?

 

 

Thanks

Edited by dx100uk
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shame you've I'd yourself as the driver 'I' never put that say 'the driver'...

 

I would think they'll have a hard job if you prove [twitter?/facebook posts by others? or newspaper etc report] that the lights were faulty.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Was it ANPR or a ticket on your windscreen? That point is crucial. Also highview have a reputation for claiming they have sent out a NTK, but dont.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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cant put a ticket on when you are in traffic

twill be ANPR capture at the exit point hence the 90mins delay getting out....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

I have just looked at the site. The signs I saw was for four hours parking. Has this changed? (the image was from 2017)

 

 

They should have allowed the appeal as there was mitigating circumstances that were out of your control and just shows how greedy this company is.

 

 

I wouldn't bother appealing to the BPA, just wait for court paper to turn up (which I doubt they will) then you can slay them in court

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks for replies, really appreciated

@dx100uk

I was honest, never thought they reject without even reading ... As this is a minicab I'm the only driver allowed to use the vehicle under my license so I didn't want to complicate things any further ...

@renegadeimp

It was ANPR and notice in post

@silverfox1961

Never had to stay there longer than 1 hr before. I'll go back and check signage later

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they sent the NTK out too late so you would have been home and dry if you hadnt appealed to them. they dont know it is a minicab or what your insurance contracts say, I can drive your vehicle with your permission and any police officer or squaddie can do so whether you like it or not.

remeber this for the next time.

 

What the7y say is basically tosh and doesnt address your appeal anyways . What will be telling is seeing the unedit3ed images they captured that day with a laod of cars queueing to get out of their car park. The breach is not queueing but being PARKED and the law is clear on this point so they wont do themselves any good by going to court but they will try and cheat you and all of the other affected motorists out of money that they cant lawfully demand.

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