£100 Charge from Motorway services Car park

CJM0045

Whilst doing an airport run for a friend I felt ill and tired and pulled in to a motorway services and fell asleep. I did not see the signs that say you can only park for 2 hours and it was some 4 hours later that I finally left the car park, when I felt well enough to continue my journey.

I have now received a charge from CP Plus of £100 reduced to £50 if I pay it quickly. It seems from one thread I have read, CP Plus MSA - Popla appeal rejected that Popla has recently rejected an appeal allowing CP Plus to charge for actual charges relating to the appeal rather than a pre estimate of loss, which would possibly be my main argument.

Also in the same thread it refers to a Moto quote '“Now that the circumstances surrounding Mr Orr’s penalty have been brought to our attention it will be rescinded under our policy of not charging drivers who have taken a nap for reasons of safety.”

My question is, in view of the above, would it be best to go directly to Moto and ask them to revoke the charge as the driver was feeling ill and needed to sleep off a migraine, (there is an appeals address on their website]) or should I go down the other route to appeal. As it seems my main argument would be the excessive charge which now seems to be in doubt, would I just be better off paying the £50 before it becomes £100 even though it goes against the grain?

Any help will be appreciated.

Umkomaas

Do both.

Send a mitigating explanation to Moto with details of your illness and emphasise your mature and sensible approach to safety and the avoidance of the possibility of you causing a motorway accident given your debilitating condition.

In parallel, send an initial appeal to CP Plus exactly as per the template in the NEWBIES sticky. You will need to read the sticky a number of times to educate yourself in how you can deal effectively with your predicament from here on.

We will help along the way, but you will need to do the main running on this

HTH.

CJM0045

Thanks I will email parking queries at Moto but the first email address they give, on the head office web site, is in fact the same as the one on the CP Plus letter! Can't find a general email address for their head office. Just hope they don't merely pass it on to CP Plus!

I have read the sticky posts and checked to see how others have faired against Moto and CP Plus and do get the gist of how to do this but it all falls apart if Popla are now allowing CP Plus to put forward claims for their costs rather than a pre estimate of loss because it will not be possible to win on those grounds and if CP Plus feel that they have the blessing of Popla will they be more inclined to take it to court now?

Sorry I can't put up the link to the thread about this because this site won't let me.

Umkomaas

You won't lose at POPLA if you follow the advice in the NEWBIES sticky.

You seem fixated with court. The chances of CP Plus taking you to court are indicated in the following two links:

https://www.whatdotheyknow.com/request/179544/response/444525/attach/3/A%20FINAL%20REPLY%20TO%20LEWIS%2085865.doc

https://www.whatdotheyknow.com/request/205660/response/510306/attach/3/AA%20REPLY%20TO%20Craig%20Lewis%2090006%203.doc

You'll be the first in over 18 months (possibly ever)!

If as a newbie you can't link the case of POPLA allowing costs (not losses) in a CP Plus appeal, please put the name of the original poster of that thread here so we can do the link for you.

CJM0045

Thanks for that information, I see CP Plus are not even listed which is reassuring.

The poster of the thread that I was referring to is bunzee and it was posted on the 19th July 2014

Redx

use the search word MSA on here and you will get loads of similar cases to look at, even if its a different PPC, as the advice is almost always the same advice regardless

try other search words for more advice , like the actual MSA name or location etc too

Not_Scammed

CJM0045

I was in the same situation.

See my thread https://forums.moneysavingexpert.com/discussion/4959400

Don't give in to them. Just use the info in the Newbies thread and you will almost certainly get this unjust charge cancelled AND cost CP Plus £27 for the POPLA appeal :T

CJM0045

I emailed Moto explaining that I was in the car all the time feeling tired and unwell apart from when I visited their shops to buy food and drink. I assume they have cameras on the car park which could verify this, so asked them to check their cameras. I also quoted what they said in the article in the Telegraph that they have a policy of "not charging drivers who have taken a nap for reasons of safety.”

I heard nothing and was about to send an appeal to CP Plus today but checked on their web site to make sure the charge was still there and it says there is £0.00 to pay. Presumably Moto cleared the charge but didn't tell me.

Whatever, it's gone, hope this might help someone else. Thanks to the guys on this site who must spend hours helping us poor motorists fight these unfair charges. :beer:

trubster

Its only been a week, quite possibly a letter of cancellation is on its way

Umkomaas

Well done on getting the result. However I don't think it was because Moto did what you asked them to do.

I visited their shops to buy food and drink. I assume they have cameras on the car park which could verify this, so asked them to check their cameras.

Do you honestly think there would be the remotest possibility of identifying you (did you send them a photo?) in a sea of hundreds upon hundreds of faces coming and going every hour in a typical MSA?

ultraviolet85

I'm in exactly the same position, going to do everything that's advised on here but just wondered which email address you contacted Moto directly on?

Thanks ☺