Parking charges

Mur

Guest
After spending a lovely week in Ireland we came home on the midnight ferry from Larne to Cairnryan. I was driving home to Carnoustie on the east coast, but by the time we got to Stirling I could hardly keep my eyes open. We pulled into the service staiton at Stirling and parked up in the lorry park so that I could have a kip. We pulled in at 04:41 and left at 09:02. I have now received a penalty notice from a company called CP plus of £100 for exceeding the free parking period. I was shattered when we pulled in and did not notice any signs. Do I have to pay this?
 
My personal opinion is NO it is not a PCN it's an invoice for a contract that they entered you into and that you were unaware off. The next thing that will happen is they will wright to you asking you as the registered keeper who was driving when this contract was so say entered into. You are not obliged to tell them. It is not a criminal offence no to tell them and it is down to them to prove WHO entered into the contract. There is a web site about this so if you google ( parking ) it will come up. I followed the advice on that web site and nothing came of my parking error, if I find it I will post the link
 
Despicible barstewards BUT

rules changed recently. Can no longer ignore. Better get better advice than on here somebody mentioned pepipoo, good start.

Recent high court case ruled that the £80 quid was a fair charge, unfortunaterly. Wholelotta outtadate info on web, be wary.
In the first 9 months of 2015 ParkingEye (for example) issued 24,540 small claims. Of these, 724 went to a hearing. This suggests both that ParkingEye are not afraid to issue claims, but also that a large number of cases are settled ahead of a hearing.

There are ways and means BUT you CANNOT ignore anymore. Clearly well meaning, but shoddy advice to ignore these days, IMHO.

Let us know how you get on. Martins Money Saving Forum has loadsa form templates, what to write example letters etc. based on recent upto date info too.

Off on hols now, can't elaborate further, sorry . Do some RECENT case history research first is my advice.

Chrz Mul.
 
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Do they still ask you who was driving?They get the registered keeper info off the DVLA for£2.50 or whatever it is and send the invoice to the registered keeper.Not a bad profit margin.This was changed at the same time as the clampers were given the boot IIRC
 
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As I understand it, if the 'offence' is committed in Scotland only the driver is liable. The registered keeper is neither obliged to divulge the name of the driver nor is he himself liable (as the keeper). So simply write back to them and say you are not prepared to identify the driver.
In rest of UK the registered keeper is liable for the payment if the identity of the driver is unknown or withheld.
Please correct me if I'm wrong.
 
Next time put a notice in your window when you have a kip stating that you do not agree to the contract and you are parking illegally. Take a photo of it and if you get invoiced send them it. :D

Seriously though I did read that somewhere off the internet so it must be true!
 
There is a difference between private and public land, by parking , assuming there is a clear sign that you can actually read then when you enter the land you are assumed to accept the contract outlined on the parking notice. However if you refute the terms of the contract and state that in advance then you are squatting not parking and civil law applies. The law states if you are tired take a rest thus rest stops are provided on motorways, how anyone but you can decide how much rest you need is beyond me. It is civil law and not criminal law we are talking about here.
 
I am sure you are correct, you always are, however if you cannot see the terms clearly or you are too tired to drive then the disclaimer is your only option, you can then be charged with squatting and evicted with a court order or by the land owner using reasonable force. Restricting parking on a motorway rest stop is not only silly it is dangerous. I am not saying the disclaimer is correct or works it does however change the situation, maybe for the worse, who knows.
 
barryd said:
Next time put a notice in your window when you have a kip stating that you do not agree to the contract and you are parking illegally. Take a photo of it and if you get invoiced send them it. :D

Seriously though I did read that somewhere off the internet so it must be true!
Click to expand...

This came from,

MP Opens Door To Motorists Flouting ALL Parking Restrictions, Says Mr Loophole | Nick Freeman Solicitors | Expert Road Traffic Solicitors | The Home Of Mr Loophole

Mr Freeman said:

If that is the case, then motorists using public car parks, where charges are enforced, can legitimately put a note on their windscreen saying: ‘I'm here illegally, I am not entering a contract and I do not accept your T&C's’.
 
Had the same problem 2 years ago on M6 service station. Disputed the payment with the parking company got nowhere . Contacted Welcome Break the service station owner , ticket was immediately cancelled.
 
When travellers came onto my site the police were not interested apart from avoiding a breach of the peace, Nothing they could or would do about it. The "Contract" according to them was not in writing with their signature on it the sign alone was insufficient, hence it is a civil offence not a criminal one.
The law is an ASS quite simply. After all how many people in this country today are unable to read English let alone understand it.
 
MP Opens Door To Motorists Flouting ALL Parking Restrictions, Says Mr Loophole | Nick Freeman Solicitors | Expert Road Traffic Solicitors | The Home Of Mr Loophole

Sorry, Harrow - didn't see your post while I was away finding this link.

Nick Freeman has a reputation for finding loopholes; this one seems to have come about through a statement from an MP to a consitituent about Travellers seemingly evading parking fees. The reason being that they simply do not enter into a contract with the council.
 
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barryd said:
Next time put a notice in your window when you have a kip stating that you do not agree to the contract and you are parking illegally. Take a photo of it and if you get invoiced send them it. :D

Seriously though I did read that somewhere off the internet so it must be true!
Click to expand...


MP Opens Door To Motorists Flouting ALL Parking Restrictions, Says Mr Loophole
In Driving Offences, Fixed Penalty, Freeman & Co. Solicitors, Nick Freeman With 0 Comments

An MP’s letter to a constituent has opened the door to the likelihood of every driver in the country being able to legally flout parking restrictions, the country’s top traffic lawyer has said.

Nick Freeman, aka Mr Loophole, said all that drivers had to do when parking in council-owned car parks - or on public roads where parking restrictions were in place - was to put a clearly-displayed sign in the car window to state that they were there illegally and were not entering into any contract!

Bromsgrove MP, Sajid Javid, had unwittingly given the entire country a ‘free parking’ ticket, Mr Freeman said.

Mr Freeman’s comments came on the back of a letter from Mr Javid, who was asked by a constituent what fines were being given to travellers on the town’s Stourbridge Road car park.

Mr Javid, who has just been promoted in last week’s Cabinet re-shuffle, said:

There appears to be some confusion regarding the basis upon which the travellers were on the car park in question.

The position in respect of any normal user of the c
 
Ive thought of an even better one. When you park up, just stick on some fake registration plates that match those of someone you really dislike and stay as long as you like. :D
 
these days anyone can check a reg number and find out what make of vehicle it should be . they can also get your address etc if they have the right code.
 
barryd said:
Ive thought of an even better one. When you park up, just stick on some fake registration plates that match those of someone you really dislike and stay as long as you like. :D
Click to expand...

They do that all the time here.
Also parking co bosses get wakened at 2 am at home for this:hammer: one town here has never had any parking or traffic tickets due to late night calls.
 
There's a low cost almost risk free way of finding out if this will work.

Stick such a disclaimer on your windscreen and enjoy a good night's sleep. When you get the PCN go through the normal appeals process and see what the Traffic Adjudicator makes of Nick Freeman's argument. All you can lose is the penalty. There's no other fee.

There's a somewhat higher-cost way of finding out. You start off the same way but when you get the PCN you pay Nick Freeman to handle the appeal for you. He has a reputation for winning.
 
Our local council will deal with these notices, and the 'freeman of the land' type ones, by entereing the code on the ticket which says 'prevented from issue' They then send the ticket by post to registered owner and pursue through courts. They dont lose.

If the keeper wont pay or id the driver it just goes to court and they pass to bailliffs. £80 fine goes into the £'000s.

They have done this with travellers as well, before anyone says anything! The issued a ticket on each veh every 24 hours until they left and got it all back through the courts.

I worked for them for a bit, and spoke to the girl who handles appeals so this is all first hand

Hope ths helps

James
 
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