Sticky situation with motorway "over" parking

Unkela

Hie all...

I am an avid MSE reader and up until now I have always found the help I need without having to post.

Due to the nature of this problem (and having seen that most advice is for case by case analysis) I am posting for the first time... Yaay

A week ago, my wife (registered keeper of the vehicle in question) was a passenger in her own car, she was tired as she suffers from a rare condition which causes fatigue. An insured driver took over o. Her behalf, but the driver was also tired. They stopped at one set of services and the driver snoozed for about 30 minutes then they drove again (along the M62 away from Leeds towards Manchester)

Once they got back on the motorway, they realized that the 30 minute nap was no use (/it was after midnight by the way) so they stopped at the next available set of services.

Neither my wife nor her driver were aware of the two hour rule, neither did they plan how long to nap, instead they just decided the driver needed to rest until it was safe to drive the additional 60miles home.

The car spent three hours in total from coming into the complex to leaving the complex (between around 0030-0330 according to the cctv/"ANPR" images), during which time the driver looked for a suitable quiet enough place to sleep and rest woke up refreshed and finished the journey. Needless to say, a "PCN" "ticket" letter has been sent to my wife as the keeper of the vehicle demanding she pay £100 or £60 if paid within 14 days.

My wife was DEFINATELY NOT the drivr r on that occasion as she was in no fit condition to drive at all that day.

What can we do?

Please help!

Stroma

This kind of thing really annoys me, service stations are there for amongst other things to let motorists have some sleep. If you are tired then you take heed of the 'tiredness kills' signs.

So on the parking issue, obviously they didn't see the signs as coming off a slip road at speed in the middle of the night you tend to be concentrating on driving, but the letter you have , did you get it within 14 days ? Who gave this ticket ? Have you complains to the services yet ?

Thanks

Guys_Dad

I raised a query with Norman Baker and made the point that in France, they encourage people to rest by providing not only motorway service areas but also simple areas with only parking and toilet facilities every few kilometres on autoroutes.

The reply was that they are considering a 2008 consultation (!!) but that the legislation is that service areas only have to offer 2 hours. There was advice on taking 15 minute breaks every 2 hours etc and also a reminder that most service stations do allow you to overstay the 2 hours if you pay the additional charge.

I am hanging on to that reply in case there is a motorway accided attributed to a tired driver who had previously been penalised for staying more than 2 hours.

Coupon-mad

Unkela wrote: »

Hie all...

I am an avid MSE reader and up until now I have always found the help I need without having to post.

Due to the nature of this problem (and having seen that most advice is for case by case analysis) I am posting for the first time... Yaay

A week ago, my wife (registered keeper of the vehicle in question) was a passenger in her own car, she was tired as she suffers from a rare condition which causes fatigue. An insured driver took over o. Her behalf, but the driver was also tired. They stopped at one set of services and the driver snoozed for about 30 minutes then they drove again (along the M62 away from Leeds towards Manchester)

Once they got back on the motorway, they realized that the 30 minute nap was no use (/it was after midnight by the way) so they stopped at the next available set of services.

Neither my wife nor her driver were aware of the two hour rule, neither did they plan how long to nap, instead they just decided the driver needed to rest until it was safe to drive the additional 60miles home.

The car spent three hours in total from coming into the complex to leaving the complex (between around 0030-0330 according to the cctv/"ANPR" images), during which time the driver looked for a suitable quiet enough place to sleep and rest woke up refreshed and finished the journey. Needless to say, a "PCN" "ticket" letter has been sent to my wife as the keeper of the vehicle demanding she pay £100 or £60 if paid within 14 days.

My wife was DEFINATELY NOT the drivr r on that occasion as she was in no fit condition to drive at all that day.

What can we do?

Please help!

This is a Motorway Service Area (MSA) and we have at least half a dozen relevant and recent threads about how to appeal to these fake PCNs for overstaying in a MSA.

To find out about the specific MSA signage and '2 hours rest' government requirements (yes I know they 'overstayed' but that's not going to be an issue) just search this forum for the single acronym 'MSA' and change the default search to 'show posts' using the 'search this forum' heading above the threads on page one of the parking forum itself which is always one click away from here of course, see my signature.

Here's one example but do read the others by searching exactly as I suggested:

https://forums.moneysavingexpert.com/discussion/comment/62919781#Comment_62919781

The fact she wasn't driving is irrelevant - and in fact it would actually be better for her appeal, to reply as the registered keeper and tell the PPC about her rare medical condition (and enclose proof). No need to say who was driving and as you will find from reading the other MSA threads, it is best not to say who that was at all.

Let us know what response you get from the PPC but only write your challenge after reading other MSA threads as there's so much info about what to include (plus in your wife's case, the fact that she has a long-term medical condition causing fatigue and so is protected under the Equality Act 2010, under which service-providers have a duty to make 'reasonable adjustments'. Failure to do so breaches the Act and is discrimination).

You can also complain to the Services Manager and ask him/her to get this rogue, discriminatory ticket cancelled. Lots of successes reported with complaints!

If the PPC don't cancel it then you will win at POPLA (second stage appeal). You will find one or two of the MSA threads you read, already show their POPLA appeal wording on them which will help you.

Unkela

Hie all

Thanks for your overwhelming support

I have read a few threads as advised, very helpful indeed.

The "pcn" is from Parking eye for a Wlevome break in Hartshead Moor.

I shall draft my appeal overnight (am going onto a night shift) so hopefully by 8AM yoiu all will be able to assist me to edit it appropriately

I shall also draft an appeal to the Welcome break owner.,.(his do I do this ...ie. How do I find out who to write to)

The pcn is issued on 29/08 for the parking "event" of 26/08
My wife received it on 31/08


Hope I have managed to answer all questions

Again, thank you all ever so much for your help!!!!

Hovite_2

The simple fact is that neither Parking Eye nor Norman "I'm a Liar" Baker care if drivers die due to tiredness !!!

You should appeal to Parking Eye to get your POPLA code and then come back here for further guidance. It would be worth reading the POPLA Decisions sticky thread as well so you can start to develop a POPLA appeal.

Coupon-mad

I would Google Welcome Break & the site name and you should get a result that gives you a 'contact us' email or phone number. Or any result that gives you some indication of who runs it. Or send a pm to the person who got theirs cancelled by Welcome Break recently, which is on this list of successful complaints:

https://forums.moneysavingexpert.com/discussion/comment/62837690#Comment_62837690

HTH