Motorway Services PCN - I paid for extra parking!

DollyDee_2 · 26 August 2016 at 12:22PM

Motorway Service Area - complain to the manager at Welcome Break, Gretna or Head Office.

How much did you pay?

Redx · 26 August 2016 at 12:22PM

MSA = Motorway Service Area

ie:- Welcome Break or whoever has the MSA contract

DollyDee_2 · 26 August 2016 at 12:25PM

https://www.welcomebreak.co.uk/locations/gretna-green-a74m/

The_Deep · 26 August 2016 at 12:30PM

My take on the charging is that 14 hours costs more than 12 hours. l

fisherjim · 26 August 2016 at 1:19PM

Well I'm confused and that's exactly how they want you to be:

https://www.welcomebreak.co.uk/about-us/parking/

DoaM · 26 August 2016 at 1:58PM

Consumer contracts law (or case law) states (in paraphrase) ... if the terms of a contract are not clear and unequivocal and can be construed in more than one way, the way that is most beneficial to the consumer will prevail.

Coupon-mad · 26 August 2016 at 2:13PM

Motorway Services have to offer all vehicles at least 2 hours free, according to the mandatory terms set by the Dept for Transport. They cannot just decide that they won't offer that mandatory 2 hours rest to people who stay longer because that would be against the Government policy which applies to ALL (which is not just guidance):

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/237412/dft-circular-strategic-road.pdf

Mandatory:
''Free parking for up to 2 hours minimum for all vehicles permitted to use the road served by the facility''

PARKING CHARGES
B19.''At all types of site, where a charge is to be levied for parking beyond the
mandatory two free hours, the charging regime must be clearly displayed
within both the parking areas and the amenity building. Drivers must at all
times be afforded the opportunity to pay the charge on the site, before leaving
and without the necessity to use a mobile phone. Cash payments must be
accepted.''

There was a public consultation in 2010 as well, which annoyingly I only saw after the public consultation period had ended and after the BPA had put its foot in with a big, heavy stamp. The most alarming issue was that (quite rightly) the recommendation of the original report circulated for comments included a clear statement that 'parking charges should be able to be paid retrospectively' (like the Dartcharge). The author of the DFT consultation had also written that it was wrong that drivers who stop to rest, should be penalised at all (paraphrasing).

Fast forward to the conclusion of the public consultation and that had gone, as had the idea of drivers being able to pay the fee retrospectively.

That is how this industry works = clobber the public and lobby the Government to ensure their cash-cow industry carries on sloshing around in the money from innocent, law-abiding drivers ripped off, day in, day out.

DollyDee_2 · 26 August 2016 at 4:46PM

So how much did you pay?

Scraplet · 26 August 2016 at 6:09PM

Thanks for all the useful replies, everyone.

DollyDee wrote: »

So how much did you pay?

Just checked. They took £10.20 according to my bank statement, but I'm sure that's not the published price on their sign (which in my memory was £12, but can't be sure), and it is totally at odds with the prices in the link Fisherjim posted. (thanks for that! ;-)

... can you post redacted copies of what you've sent to PE? The wording will determine whether the driver has been identified. As above, as the event was in Scotland then POFA does not apply, so if the driver is not identified then PE will have a struggle.

Here what I wrote in the comment box of Parking Eye's online 'appeal' proforma.
After first letter:
"Shortly after driving onto site we purchased the parking for a 12 hour stay, following the instructions on the car park signs. The signs clearly state that there is two hours of free parking, so we were well within the paid-for parking time on site. I have checked my bank statement and a payment was taken by Parking eye Ltd on the 14/06/16.

Why has your system not acknowledged the payment made?

While on site, we spent around £70 on food, drink, and other items, and this is in addition to the parking fee which we paid to you.
I am disappointed to be treated in this manner when I am a paying customer and have followed instructions to the letter. I am minded to make a complaint directly to Welcome Break. As the landowner, they may wish to know that your system and approach is likely to put-off future custom."

After the second letter:
"As you are "unable to confirm that any additional parking was purchased", I attach a copy of my bank statement. I am unhappy doing this, as you have demonstrated that, as a company, you are not competent to handle sensitive data. For this reason I have redacted any unnecessary information. You can clearly see the payment to 'Parking Eye Ltd', and the multiple purchases made from on-site vendors, totaling £75.07.

I will be complaining directly to Welcome Break about this matter."

Opinions? have I been outed!

In the meantime, I think I will try writing directly to Welcome Break, both at the branch and their head office, as suggested. They have ignored my email, but I'll give them the benefit of the doubt and send some old-fashioned snail-mail letters!

Should I contact Parking Eye again, just to make it clear that I do not accept their decision?

Coupon-mad · 26 August 2016 at 7:57PM

Opinions? have I been outed!

Not at all, you did a good thing and wrote 'we did this' which is a recommended way to appeal which does not suggest who was driving. Far better than the MSE 'fight parking tickets' article 'appeal template' which still has this awful line: 'the reason why I parked as I did was...'*!

Should I contact Parking Eye again, just to make it clear that I do not accept their decision?

Yep and you could say you are aware that the POFA 2012 does not apply to land in Scotland, so as keeper, you cannot be held liable.

As for WB, email or phone them using the details given for that Services, they all have a webpage per site and it always gives a contact email & phone number. Try to get a Manager and if fobbed off, insist the complaint is escalated higher within WB and make sure they look at your receipts and proof of actually paying the parking fee.

*to be fair, MSE Megan has just asked me for comments (ironically while I was PPR'd temporarily!). I have MSE's email addy having talked to them about certain 'things' so they contacted me that way. I hope the article and template appeal MSE supply will be further tweaked soon.

Motorway Services PCN - I paid for extra parking!

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