Parking Eye - Welcome Break Newcastle Under Lyme.

mintosan

Hey guys, I tried to read the sticky FAQ and tbh, all these short codes and stuff makes it very hard to understand so figured, I need some answers so iv joined up and made a thread.

Couple weeks back I drove south from Aberdeen to London to buy a car for my friend. It took us 13 and a half hours to get down, we got the car and started heading back home. At around 2am he wanted to stop somewhere to sleep and selected the first random Service station we came across.. I at this point was utterly shattered and it was becoming a real hazard to continue driving.. my eyes kept almost closing.

So we stopped somewhere, parked up and get a few hours kip in a MASSIVE car park which was almost empty, bar a few lorrys parked up with the curtains closed.

Parking Eye wanting £100. Or £60 if before X date. After driving south then back north I was so tired. I never seen any signs or any of that, I never knew they did this stuff.

I live in Scotland.. The service station was in England, So... Do I ignore, or do I reply? Welcome Break, Keele (North)-Newcastle Under Lyme.

I think its a bloody joke to be honest. but... Where do I stand? Id rather ignore them however if there is a generic letter I can send which in turn, wont hinder me. Then that would be great.

What about all those signs.. "Tiredness can kill - Take a break."

The_Deep

There is often a parking charge at these places of £10-£12, although I know of no similar charges anywhere else in Europe, the U.S.A. or Australia.

Personally, I would send them the parking charge plus a tenner for their time. They will probably refuse it, but if it got to court it would stand in your favour.

wiogs

I do hope that was tongue in cheek "The Deep"

mintosan - all the info you require is in the NEWBIES thread. Read it again.

The law is indeed different in Scotland where you can ignore such "charges"

The_Deep

Not at all Wiogs. The OP bilked, I have little time for bilkers.

bargepole

The_Deep wrote: »

Not at all Wiogs. The OP bilked, I have little time for bilkers.

Generally, I would agree with the above, but would make an exception in the case of MSAs.


The £10 or £12 which they want from people who stay more than 2 hours is an entirely artificial construct, which hardly anybody ever pays, and is a complete irrelevance to the MSA operator. They lose nothing whether you park for 2 minutes, 2 hours or 2 days.


The whole ethos of the MSA is (or should be) that you stop and rest there for as long as you need, before it is safe to continue your journey. That may require a few hours' kip.


The signs on the motorway say "Tiredness Kills. Take a Break". They do not say "Tiredness Kills. Take a Break for 2 Hours or Less, Otherwise We'll Sting You for £10"

The_Deep

I disagree Bargepole. If you enter into a contract and breach it it is only fair that you offer to compensate the landowner for any loss your breach has caused.

However, I suspect that most PPCs will reject it and end up with nothing.

trisontana

The_Deep wrote: »

I disagree Bargepole. If you enter into a contract and breach it it is only fair that you compensate the landowner for any loss your breach has caused.

But what they are demanding is not the actual true loss of £10. They want £100 .Where does that figure come from? Don't say it costs them that amount to recover this "loss". It's just a made up figure . There are countless POPLA decisions that endorse that.

You also mention "landowner". But they don't get any of that money. The PPC keeps it all.

Herzlos

Exept the OP didn't enter into a contract; they didn't see the signs* and didn't realise such an unfair deal was involved. No consideration; no contract.

Claim can still only be for losses; as we can assume there were other spaces, the losses are zero.

*which they don't want you to see. If they wanted you to know there was a 2 hour limit they could paint it in 3ft letters on the entrance road, or on a sign above the entrance.

The_Deep

Exept the OP didn't enter into a contract; they didn't see the signs* and didn't realise such an unfair deal was involved. No consideration; no contract.

But should they have seen them? Were there enough of them? We they lit? Were they prominent? I suspect that what most people mean when they say that they did not see signs was that they did not read them.

No consideration; no contract.

No consideration because he bilked. Contract may or may not stand, depending on signage. Would anyone oh here advise this bloke to appeal if the PPC was only asking for £22?

trisontana

But who suffered the "loss". PE or the landowner?

The_Deep

trisontana wrote: »

But who suffered the "loss". PE or the landowner?

You would have to ask them that.