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£50 fine for parking 2 1/2 hous at a Motorway Service Station!

At the end of last month I had to drive to a place southwest of Birmingham for a meeting. I am not use to driving more than a few hours at a time and on the way back my back was really hurting so I decided to stop at a motorway service station, get a coffee, read the newspaper, do some work on my laptaop and just generally rest my back. After 2 1/2 hours I resumed my journey.

This morning I received a £50 parking fine (goes up to £90 if I don't pay withing 10 days) for parking at the service station for more than two hours. The time is taken by cameras that photograph your number plate as you enter and leave.

I am well aware of the signs that state you are not allowed to park more than 2 hours but I never thought it was strictly enforced and was mainly used to stop people from parking overnight or commuters from parking up during the day whilst they continued their journey by public transport.

In the service station I had a sandwich and chips that cost about £6 and a Costa Coffe and a chocolate cake that cost about £3.50. So that little rest stop on the motorway has cost me £60!
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Comments

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    blimey, neither did I actually realise it's checked, I just assumed like you that it was a deterrant!
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    It is a deterrant - I only stop for 1hr 55 mins maximum.
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    edited April 2010
    Incredible!

    You were a paying customer, consuming food and drink bought at their cafe.

    I'd appeal that ....... and definitely go public, to the newspapers, Watchdog, etc
    Shame them!

    This sort of blatant money making scam needs to be exposed!!
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    maybe try the bad guts card ..... needed to flush yourself out etc
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    what Oggy said...make a bit of noise about it
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    Say you still felt tired, and imagine if you went out driving while still tired, crashed and killed someone...

    "If you're tired, take a rest"
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    Not sure this is legaly enforcable....I suggest you ignore it or call their bluff.
    I assume the camera is not owned by The Highways Authority/Dept of Transport/The Police or a local authority.
    So you may well ask who calibrated the camera....it's probably privately owned therefore you can argue it's validity.If it is a camera put there by a governmental agency then you're hung drawn and quartered though.

    I had a similar experience some years back in a private car park in Crystal Palace/Norwood Junction. I wrote and told them that very thing and just ignored it and then called their bluff after they tried to call mine with all sorts of threats.......eventualy they gave up after I said I'd see them in court. My argument was that anyone could set up a camera doing this and that I didn't agree that their digital clock was correct....they couldn't prove otherwise could they, even on the grounds of probability, as it's not set by a legaly sponsored organisation but a private parking company probably based miles away. In my case the company was somewhere in the Luton area.
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    [cite]Posted By: Red_in_SE8[/cite]I am well aware of the signs that state you are not allowed to park more than 2 hours

    Can I suggest that if you are going to appeal it you might not want to mention this.
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    [cite]Posted By: WSS[/cite]Say you still felt tired, and imagine if you went out driving while still tired, crashed and killed someone...

    "If you're tired, take a rest"

    It's a joke, the same way they tell you not to drink energy drinks whilst driving. Yet the WHSmiths at Watford gap has what right next to the till? Oh, thats right, the brand new monster energuy 'shots'

    Money is the only concern of these people.

    Just tell them you was still tired, bought a coffee etc inside and needed a rest, doing anything else would have put yourself and other drivers at risk.
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    Just tell them you took the advice of The Highways Authority and stopped for a rest and you fell asleep, which is what they want you to do don't they?
    Call their bluff but STAY STRONG as they'll try to frighten the life out of you, suggesting court orders against you etc etc....it sounds like it's just a money making racket between the services management and a car parking outfit who in reality are just glorified cowboy clampers and NOT County Court judges favourite people, you'd have a good chance if it ever went to court. They set the company up some distance away figuring that you'll cave in and not want to take the day off work to travel to the court and fight your corner.I told the guy on the phone (the air was blue) that I would be prepaired to do so...OK he said you'll be sorry....Yeah I was wasn't I..... the silly wan*er!
    W**ker
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    [cite]Posted By: SoundAsa£[/cite]Just tell them you took the advice of The Highways Authority and stopped for a rest and you fell asleep, which is what they want you to do don't they?
    Call their bluff but STAY STRONG as they'll try to frighten the life out of you, suggesting court orders against you etc etc....it sounds like it's just a money making racket between the services management and a car parking outfit who in reality are just glorified cowboy clampers and NOT County Court judges favourite people, you'd have a good chance if it ever went to court. They set the company up some distance away figuring that you'll cave in and not want to take the day off work to travel to the court and fight your corner.I told the guy on the phone (the air was blue) that I would be prepaired to do so...OK he said you'll be sorry....Yeah I was wasn't I..... the silly wan*er!
    W**ker

    Be careful though as it's not the same as a cowboy clamper hiding a notice under a bush in a dark corner of the car park or whatever is it? He's already admited that he knew he was not supposed to overstay the 2 hours limit therefore the company would argue he knew he was in breach of contract and that there was a penalty for doing so. I'm not sticking up for them by any means but the situations and the legal arguments are not the same as the usual cowboy clampers.
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    Red - you have a pm
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    I'd be very carefull with regards to ignoring people and calling their bluff, it's a dangerous game, especially without getting the opinion of someone who has a little knowledge about the claims systems and hows it's likely to work. (for example, under no curcumstances would you have to 'travel' to a court hearing, it would take place in YOUR local county court, so don't let that put you off)

    I appreciate it may have worked for you SoundAs, but there are plenty of examples where that ploy has not worked too well at all.
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    Try reading through the following site. May help.


    http://www.pepipoo.com/search-results.htm?cx=002954149332536547518%3Aurx9dzjvubm&cof=FORID%3A9&ie=UTF-8&q=service+station&siteurl=forums.pepipoo.com%2Findex.php%3Fshowforum%3D30#925

    http://forums.pepipoo.com/index.php?showtopic=46975
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    [cite]Posted By: Stu of HU5[/cite]under no curcumstances would you have to 'travel' to a court hearing, it would take place in YOUR local county court, so don't let that put you off)

    Actually, in my experience that's not correct. It is usual for any hearing to be heard in the trader's local County Court. The reasoning is that a large trader might need to defend themselves on a regular basis (think how many case Thomsons holidays have in a year for instance) and not to have it local to them would mean sending their staff all over the UK to attend and be prohibitively expesive.

    The parties can request a change of venue but not guaranteed in my experience.
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    In my experience (I managed a debt recovery department for a firm of solicitors for some 4 and a half years and delt with the county court on an hourly basis everyday) a claimant will issue a claim in his local county court and the proceedings will start there, however a defendant can request for the venue of any hearing to be changed to their local county court.

    Over 100's and 100's of cases where I made that request on the behalf of an 'individual' I can think of 2, maybe 3 times when the judge said no.

    The courts bend even further backwards to help a litigant in person and I would be shocked if a hearing between a large company and a litigant in person was not moved.
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    check out www.appealnow.com I know a couple of people who have used them and been very happy with the result.
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    I got a £50 one from playing the last Charlton Life match. Its now £150 they might as well put it up to £5000 they still aint getting it. I pay road tax and that allows me to be on the road, parking tickets are a rip off
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    My wife got a ticket from a private bunch for parking at tesco, I scrutinised the ticket, and disputed it on the basis of car colour, hers is blueish, they called greenish (really it was about colour!) and I said they had the wrong car as Nissan Micras are so common. They let it go....my advice go over every dot and comma of their documentation.
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    I had a problem when a pal of mine borrowed my car and left it in a Lidl car park for 3 hours. As I understand it the DRIVER enters into a contract to pay a parking fee if he stays over the period so it is a private contract enforceable ONLY against the driver. It is a civil debt and I judged that if a contract needed to be proven in Court I could prove it didn't happen. I think that is why the warning signs have to be so clear otherwise the defence is simply that you didn't know you had entered into a contract. This is different from statutory parking offences where the law makes the owner liable. I just refused to pay, said it wasn't me and they would need to prove it was me in Court before they could enforce a debt. Also the picture of the driver was included so I could have proved it wasn't me anyway. DVLC had misspelled my name on the V5 so it was wrong in the letter to me. I said no one of that name lived at my address , quoted the law against harrassment for a debt which is disputed and told them to leave me alone. I didn't hear anything more.
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    [cite]Posted By: Stu of HU5[/cite]I'd be very carefull with regards to ignoring people and calling their bluff, it's a dangerous game, especially without getting the opinion of someone who has a little knowledge about the claims systems and hows it's likely to work. (for example, under no curcumstances would you have to 'travel' to a court hearing, it would take place in YOUR local county court, so don't let that put you off)

    I appreciate it may have worked for you SoundAs, but there are plenty of examples where that ploy has not worked too well at all.

    I tried this with a speeding fine and before you know it £280, not £60 so just pay up mate otherwise it would end up costing you more

    Once got out of a parking ticket as the sign was half hidden, so i left it then got my stepdad who is a solicitor to write them a letter and i did not hear a word!

    best of luck, but the fact that you noticed it and then went over? hmmm i dont fancy your chances. although you have done the sensible thing which most wouldn't but they will just twist your story or say lack of evidence backing up that you needed to rest and a sore back
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    [quote][cite]Posted By: uncle[/cite]I got a £50 one from playing the last Charlton Life match. Its now £150 they might as well put it up to £5000 they still aint getting it. I pay road tax and that allows me to be on the road, parking tickets are a rip off[/quote]

    Sorry to rain on your parade but there is no such thing as road tax. You are taxed on vehicle emissions, not for using the road.
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    [cite]Posted By: iainment[/cite]
    [cite]Posted By: uncle[/cite]I got a £50 one from playing the last Charlton Life match. Its now £150 they might as well put it up to £5000 they still aint getting it. I pay road tax and that allows me to be on the road, parking tickets are a rip off

    Sorry to rain on your parade but there is no such thing as road tax. You are taxed on vehicle emissions, not for using the road.

    lol owned!
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    how? he just said he aint paying it.
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    I've had 47 parking tickets over the last seven years...paid 2 of them only. Appeal, than make excuses, then develope an illness, then say your wife / gf has left you, then say youre moving abroad. After a time they realise the cost of communbications and office staff are going to outway any fine. If after all this they pass it on to a debt recovery company...this means they wont risk doing £55 on a CCO so thats when you start tearing up the letters until they stop.
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    Actually the tax disc is referred simply as that, "tax disc" on the dvla website. It makes no mention of it being a specific tax on emissions (though that is used to calculate the tax rate) nor does it mention it being a road tax.

    However it is clearly not a tax on emissions. If I declare my vehicle as off the road I don't pay any tax, but there is absolutely nothing stopping me driving it around private property all day every day creating huge amounts of emissions. So whilst it's no longer called road tax officially and they use emissions to calculate the tax rate, it is a tax for using your vehicle on the public highways as you are explicitly allowed to use it elsewhere without paying tax.
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    Topical item from the Telegraph:

    http://www.telegraph.co.uk/motoring/news/7560402/Motorway-service-areas-could-lose-power-to-fine-motorists.html
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    Very topical for us. Going away to Brighton, we parked at Medway services as per normal to get on coach. They had this new charging system in place and you could only pay using credit card and mobile phone, neither of which we take to football matches. We had cash on is but there was no way to pay the charge using cash. We received all the usual threatening notices and had the cheque we had sent to cover the actual parking charge returned twice. Read up a lot about it and decided to call their bluff based on their having demanded money but not being reasonable about the methods for payment that were offered, (i.e no cash nachines and no ticket booths). So far, no follow up at all and all advice on the websites is that you can ignore this type of private parking charge. But we felt we had valid reasons for an appeal, not so sure we would have toughed it out otherwise.
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    [cite]Posted By: johnnybev1987[/cite]
    [cite]Posted By: Stu of HU5[/cite]I'd be very carefull with regards to ignoring people and calling their bluff, it's a dangerous game, especially without getting the opinion of someone who has a little knowledge about the claims systems and hows it's likely to work. (for example, under no curcumstances would you have to 'travel' to a court hearing, it would take place in YOUR local county court, so don't let that put you off)

    I appreciate it may have worked for you SoundAs, but there are plenty of examples where that ploy has not worked too well at all.

    I tried this with a speeding fine and before you know it £280, not £60 so just pay up mate otherwise it would end up costing you more

    Once got out of a parking ticket as the sign was half hidden, so i left it then got my stepdad who is a solicitor to write them a letter and i did not hear a word!

    best of luck, but the fact that you noticed it and then went over? hmmm i dont fancy your chances. although you have done the sensible thing which most wouldn't but they will just twist your story or say lack of evidence backing up that you needed to rest and a sore back
    [cite]Posted By: johnnybev1987[/cite]
    [cite]Posted By: Stu of HU5[/cite]I'd be very carefull with regards to ignoring people and calling their bluff, it's a dangerous game, especially without getting the opinion of someone who has a little knowledge about the claims systems and hows it's likely to work. (for example, under no curcumstances would you have to 'travel' to a court hearing, it would take place in YOUR local county court, so don't let that put you off)

    I appreciate it may have worked for you SoundAs, but there are plenty of examples where that ploy has not worked too well at all.

    I tried this with a speeding fine and before you know it £280, not £60 so just pay up mate otherwise it would end up costing you more

    Once got out of a parking ticket as the sign was half hidden, so i left it then got my stepdad who is a solicitor to write them a letter and i did not hear a word!

    best of luck, but the fact that you noticed it and then went over? hmmm i dont fancy your chances. although you have done the sensible thing which most wouldn't but they will just twist your story or say lack of evidence backing up that you needed to rest and a sore back

    Johnny....there is a big difference between civil proceedings i.e. a private parking company and a speeding ticket issued by a legal/governmental authority. One you can ignore/fight...the other you can't.
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    [cite]Posted By: Stu of HU5[/cite]In my experience (I managed a debt recovery department for a firm of solicitors for some 4 and a half years and delt with the county court on an hourly basis everyday) a claimant will issue a claim in his local county court and the proceedings will start there, however a defendant can request for the venue of any hearing to be changed to their local county court.

    Over 100's and 100's of cases where I made that request on the behalf of an 'individual' I can think of 2, maybe 3 times when the judge said no.

    The courts bend even further backwards to help a litigant in person and I would be shocked if a hearing between a large company and a litigant in person was not moved.

    We have had a different experience of the County Court system then Stu. As a Trading Standards Officer I've advised loads of clients over the last 20 odd years that, although they can start proceedings in their local court, it may end up moving to the traders local County Court (I can't comment on your local courts approach but this more than not happens with those that I've dealt with, is all I'm saying). Bit different in this case case of course as he would be the respondent.

    From personal experience I can tell you my own case got moved from East to West London because the company were based over that way. Was worth the half day off work to rub their QC's face in it though...(yes a QC for a poxy holiday complaint!).
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