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Thread: MOTO service station parking fine

  1. #1

    MOTO service station parking fine

    Hi guys

    I recently parked at a moto service station (near Cardiff) and apparently exceeded the free parking period which was two hours. I say apparently, as I didn't see or realise that there was a time limit, although supposedly there is a sign stating this.

    I was in the service station waiting to receive a phone call from a pigeon guide who was supposed to be looking for a location and then to tell me where to meet him, most annoyingly I got no phone call and my phone calls to him went unanswered.

    Anyway, I received a notification through the post with photos of my car shown entering and leaving the service station. The company "CP Plus" are demanding 100 or 60 if paid within 14 days, they have even included a pharagraph siting a landmark Supreme Court ruling that a parking charge notice on private land is enforceable.

    Before I pay up, does anybody have any experience of such fines and if they are enforceable.

    many thanks.

  2. #2
    My wife received one similar in a tk max deserted car park she used to turn safely at 9pm.
    The general consensus (on line experiences) was to ignore it. Google may be your friend here..

  3. #3
    Google it Paul,but I am sure I read that as long as you don't enter into any conversation or any communications with them then there is no contract,and I believe that is the point.I also read that someone said while parking he left a note on the car saying that this car has been left here illegally and that somehow counts too,but you need to do some proper research,or if you are a bit flush give it a go and just ignore them to see how far they go,worse case scenario it will cost you 100 rather than 60,keep us in the loop mate it will be interesting.

    Martin

  4. #4
    I went through this recently and found POPLA.co.uk a great help.

    Bottom line is that things have changed since 2012 when before that you could just ignore them and nothing would happen. The fact that they have written to you after the fact means they're affilliated to an official parking body which means they have access to the DVLA database and if you ignore them you'll likely find yourself in court (or at least the threat of court). If you have a genuine greivance the fine is disproportionate or lack of signs (you state you didn't see a sign and so werent aware. So was the signage adequate?) then lodge an appeal. The appeal will be bolstered by photographs of the signs and the fact they werent clear or were hidden from view etc.

    Best case is you win the appeal and don't pay, or likely they lower the fine from 60. Worst case you end up in court and pay the fine plus costs and maybe more.
    Last edited by nun_hunter; 20-11-2016 at 00:15. Reason: more info

  5. #5
    SD Regular
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    First if it is described anywhere as a "fine" it is illegal. Bill of Rights. Same one that the Government is coming uo against in the Supreme Court under Article 50..except their's is a different section.

    So it can't be enforced. So what they've presumably done is make a "Parking Charge" to which...on a big notice...by parking there you've agreed in contract to accept. It's that interpretation acceptance of a contract by action that the Courts will have stated cases on.

    So they must prove that contract existed.

    YOU DO NOT HAVE TO VERBALLY AGREE TO A CHARGE FOR A CHARGE TO BE ENFORCEABLE UNDER CONTRACT LAW - ACCEPTANCE BY DEED IS SUFFICIENT.

    Some of that will reference that the notice must be visible and able to be seen as you enter the premises. So a notice inside a snack bar there isn't sufficient if it isn't anywhere else!

    At the very least they MUST be able to provide evidence of the actual sign that you were supposed to have seen AND that you could have been reasonably been expected to see it. It isn't enough to show you merely entering or leaving. You must be proven to have seen the sign.

    However it may be worth a contavct direct to Moto. Explain that you were tired, felt it unsafe to drive on without a rest, thought that it might be half an hour but in fact "time flew by". Also explain that there was no notice...that you were aware of explaining how you could PAY (or needed to PAY) to have a prolonged stay. Then ask for their opinion.
    Last edited by enfieldspares; 20-11-2016 at 00:21.

  6. #6
    Quote Originally Posted by enfieldspares View Post
    First if it is described as a "fine" it is illegal. Bill of Rights. So it can't be enforced. So what they've presumably done is make a "Parking Charge" to which...on a big notice...by parking there you've agreed in contract to accept. It's that interpretation acceptance of a contract by action that the Courts will have stated cases on.

    Some of that will reference that the notice must be visible and able to be seen as you enter the premises. So a notice inside a snack bar there isn't sufficient if it isn't anywhere else!

    At the very least they MUST be able to provide evidence of the actual sign that you were supposed to have seen AND that you could have been reasonably been expected to see it.

    However it may be worth a contavct direct to Moto.
    Explain that you were tired, felt it unsafe to drive on without a rest, thought that it might be half an hour but in fact "time flew by". Also explain that there was no notice...that you were aware of explaining how you could PAY (or needed to PAY) to have a prolonged stay. Then ask for their opinion.
    This is definitely worth it, especially if you mention how often you use their services. My mum had a charge from a Lidl car park and complained to Lidl direct after the parking company weren't interested in waivering the charge. She contacted Lidl showing them a copy of her receipt from the shopping she did and that she shopped their reguarly and in the end Lidl contacted the parking company and got them to rescind the ticket.

  7. #7
    SD Regular
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    In another life...well a current life but I don't do it that way anymore...I used to regularly leave my car at Moto Service Stations for four days. From years 1999 to about 2004. The standard charge then was 6.00 a day and you paid at the cafe and either they put the car details in a book or you got a ticket to put in the windscreen. We didn't like the tickets for the obvious reason it showed that your car was unattended for four days.

    Some services made no charge...but still asked you let them know so they could record it.

    Certainly this still goes on. Feeder drivers and tour managers for coach tours. Where the feeder and main driver will change at the service station when, say a part from Yorkshire is going to Paris and so will take on the main driver at Donington Services or Dover Services (Moto) and may have been there two or more hours waiting if the tour coach has been delayed either outward (M1/M25) to Dover or inward from France by ferry problems in the Channel.

    Now none of this applies to you UNLESS you made enquiry at the cafe and were told you were waiting for someone by a pesron inside the Service Station or in the parking that you thought spoke with the authority of Moto that "It's OK...don't worry about it". But...as it may go to Court don't make this up if you didn't!
    Last edited by enfieldspares; 20-11-2016 at 00:41.

  8. #8
    My thoughts are that it could well be enforceable (not really sure though), but many aren't enforced ultimately. They will threaten to take you to court and send you notices etc. until it comes time to take you to court. Many just then seem to give up. I expect that the cost of taking you to court isn't worth it for 100, even if they are awarded costs.

    The other way to look at it is to judge what aggravation you will go through if you don't pay it. You may well decide that it's worth paying 60 just to avoid the hassle, a valid viewpoint, but one the parking company often relies on so that people pay. So that'll depend on the thickness of your skin. It is probably worth checking up on the signing though. Assuming you live fairly close. You could spend 60 on fuel just doing that!

  9. #9
    Ok, so the deal is that the implied contract is with the driver of the vehicle. Not the owner. You are under no obligation before court or at court to state who the driver was, the onus is on them to provide evidence. Ignore, ignore , ignore. If you felt like it ask them for photographic evidence of who the driver was at the time. They will babble on about the owner being liable but that is just babble. Ignore. And they will go away.

  10. #10

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