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Parking fine for sleeping at South Mimms Welcome Break Services (ParkingEYE)

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13

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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 29 August 2014 at 9:29AM
    ... I would NOT talk about what happened in the complaint to the MSA. Make it much shorter, indignant at the extortionate PCN

    I would advise the exact opposite, a calm, reasonable, measured request, after all, what is the objective, is it to get them onside, or up their nose? After all, you were a trespasser.

    As an example of a winning letter read post 85

    http://www.consumeractiongroup.co.uk/forum/showthread.php?431318-Parking-Eye-court-summons-advice-appreciated/page5
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 152,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Trespasser my ar!e...! Not only is that a ridiculous idea in a Services, but there is no suggestion of the tort of trespass for this PCN.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 29 August 2014 at 3:11PM
    Trespass my arris.

    You are interpreting the word too narrowly CM, just as people tie themselves in knots over the word "fine", you need to consider its wider meaning.

    See the literary definition here

    http://www.oxforddictionaries.com/definition/english/trespass

    Whether or not the PPC alleged trespass (to property), the OP certainly parked their car contrary to the wishes of the landowner, therefore a trespass (in the literary sense of the word), took place.

    We do not ask the Lord to forgive us from civil torts.
    You never know how far you can go until you go too far.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The_Deep wrote: »
    Whether or not the PPC alleged trespass (to property), the OP certainly parked their car contrary to the wishes of the landowner, therefore a trespass (in the literary sense of the word), took place.

    We do not ask the Lord to forgive us from civil torts.
    I think you meant literal, not literary.


    'Forgive us our civil torts, as we forgive those who commit civil torts against us' does have a certain ring to it.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I think you meant literal, not literary.

    No, did you read the link?
    You never know how far you can go until you go too far.
  • Sorted! The initial response to Parking Eye was enough. I didn't even send the letter to Welcome Break or have to go through POPLA!

    Won't let me post an image so here's my reply in text...

    Dear Sir / Madam,

    We refer to the Parking Charge incurred on xxx, at Welcome Break South Mimms (Car Stop) car park.

    We can confirm that this Charge has been cancelled and there is no outstanding payment due on this account.

    Kind Regards,

    ParkingEye Team

    Cheers guys! Thank you! Merv
  • Coupon-mad
    Coupon-mad Posts: 152,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hohoho, even PE are dropping out early now!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • pustit
    pustit Posts: 267 Forumite
    Part of the Furniture 100 Posts
    The_Deep wrote: »
    So if someone didn't see the signs they are supposed to be psychic

    They are probably lying, or plain stupid.

    I agree that MSAs should not charge for parking, the sky high prices in the restaurants and petrol stations should cover this, but this is Rip Off Britain, where an ice cream from a van costs more thasn a gallon of the stuff in Iceland.

    But I just do not understand how anyone could not see the signs, or be aware that charges were made, it is not as if MSAs are a new thing.

    I think that in almost every case where a motorist falls asleep in a MSA, they know that there is a charge, but take a chance, either on not falling asleep, or getting off without paying.

    Even PE do not think there is a charge or they would have continued with their scam.
  • pustit
    pustit Posts: 267 Forumite
    Part of the Furniture 100 Posts
    The_Deep wrote: »
    I wasn't aware that being inside your car was considered "parking"

    It would surely depend on how long you were there. If it was a few minutes while you looked at a map, I would say it was not. If you were on the backseat and snoring then it probably would.

    How would you define parking?[/QUOTE]

    Perhaps you could ask PE how they define parking in regard to this case ?
  • Hi all,
    I was unlucky enough to go into South Mimms Services on Friday 24th July and have ended up with a 100quid fine. It took 30mins getting into the parking area to park, then after a quick wee break and coffee it took over an hour getting out - due to some sort of backlog on M25. I barely even registered the 2hour parking notices, and even then figured you had to be parked to apply.....not waiting to exit!!
    Has anyone else experienced this, or found out how to push back on the charge?
    Faithfully yours,
    Mark
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