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Personal Lease car - PCN - stopping on a road - S!!!!horpe

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Hi all,

spent a good few hours reading through the forums and the newbies posts (as no one likes someone asking without reading up first).

With my car being a personal lease I am trying to peace together as much as I can when I read elsewhere it may be irrelevant due to the lease car.


Basically received a letter today (18th Dec) from the lease company advising me they had received a PCN from VEHICLE CONTROL SERVICES LTD on the 21/11/2014.
(I have to email them to let them know I am appealing so they do not pay on my behalf)

I am not from S!!!!horpe, had a meeting nearby, took the Mrs and 12 week old child, went shopping, fed baby, approaching the roundabout she started screaming so pulled into the next road to turn around and check she was ok, there 2 minutes, then I drove off home. (anyone with kids knows (or remembers) when your 12 week old is screaming after a feed you just find the safest place to stop in a tatter to check they are Ok)

Here is a newspaper article about the very same road / other people getting the same fine(s): will not let me post, search: "s!!!!horpe telegraph : Drivers stopping near S!!!!horpe retail park hit with £100 fines".

s!!!!horpetelegraph. co. uk/Drivers-visiting-S!!!!horpe-retail-park-hit-100/story-


I have read a few court transcripts against this company that have been thrown out as they have not had the correct signage, correct terms and conditions or the correct jurisdiction to enforce anything..
again from these forums..

I have gone through AdviceGuide, CAB's and other sites you suggest here and copy and pasted a word doc 3 pages long of advice, things to say, not to say etc etc.. now I thought it would make sense, if anyone is so kind, to get any other advice while I work out what to do..

I have copied the template letter telling them I revoke the contract from these forums, wanted to just check before I sent..

seems an odd one as the majority of the posts I have read (over the last several hours) are about private car parks, clamping, etc.. this being a road, that had 1 sign (which I didn't see, only realised after reading the above news article) and the fact I used it to turn around and check on my 12 week old daughter, then left, seems a tricky one.

I can see from here that you can challenge on the basis of the amount (£100) is an unfair amount to the land owner (its a road so I presume council?) as I was there a maximum of 2 minutes, parked at the side of the road, out of the way - so not blocking access or anything like that)..

Any help or just comments would be really appreciated so I know emailing / writing them a letter is the right thing to do, and any help or input really..

thanks in advance,

John
«13

Comments

  • Half_way
    Half_way Posts: 7,482 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    any chance you could remove the excessive !!!s?

    anyways, check the terms and conditions as theres a chance they may have added a sneaky admin fee.
    also take a good read of the sticky thread
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • trubster
    trubster Posts: 1,116 Forumite
    Half_way wrote: »
    any chance you could remove the excessive !!!s?

    anyways, check the terms and conditions as theres a chance they may have added a sneaky admin fee.
    also take a good read of the sticky thread


    No, the OP can't

    It is the swear filter that doesn't like sCUN-Thorpe :D

    Not sure why :rotfl:
    We’ve had to remove your signature because your opinion differs from ours. Please check the Forum Rules if you’re unsure why you can not have your own opinion on here and, if still unsure, email forumteam@moneysavingexpert.com
  • Umkomaas
    Umkomaas Posts: 43,424 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Half_way wrote: »
    any chance you could remove the excessive !!!s?

    anyways, check the terms and conditions as theres a chance they may have added a sneaky admin fee.
    also take a good read of the sticky thread

    Not the OP's fault H-W!

    The problem is with the auto-censor that converts anything remotely vernacular to !!!!. Try typing in S!!!!horpe and see where that gets you - it's the bit between S and thorpe. Supposedly part of the female anatomy!

    Try typing in Scounthorpe - and you're away!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Mctodo
    Mctodo Posts: 15 Forumite
    Hi all - yes the excessive "!!!" is not my doing :)

    I have read through all stickies and many (read MANY) posts, the struggle i have (unless I have indeed missed something, my apologies) is they all seem focused on car parks, haven't seen anything about a normal road that suddenly turns into a restricted road..

    I have attached a picture from the Scounthorpe (thanks Umkomaas) newspaper also.. any help from the experts muchly appreciated! :)

    createdfor .co .uk / image.jpg
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    any chance you could remove the excessive !!!s?

    It is the nanny filter, it does not like the common name for asinus, (a sub-genus of equus) either..
    You never know how far you can go until you go too far.
  • trubster
    trubster Posts: 1,116 Forumite
    image.jpg
    We’ve had to remove your signature because your opinion differs from ours. Please check the Forum Rules if you’re unsure why you can not have your own opinion on here and, if still unsure, email forumteam@moneysavingexpert.com
  • Mctodo
    Mctodo Posts: 15 Forumite
    Many thanks trubster :)
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    It would be interesting to know what they intend to charge you under

    breach of contract? no contract can be in place. What is the consideration?
    contractual charge? no contract can be in place. What is the consideration?

    That leaves trespass. What is the cost to the landowner?

    Regardless, I would appeal on the true grounds that there was a medical emergency and you had to briefly stop to check your child was safe.
    Dedicated to driving up standards in parking
  • Mctodo
    Mctodo Posts: 15 Forumite
    This was my thinking, and from reading all the posts wanted to check;

    1. Do I email / send a registered signed for letter highlighting why i stopped here, medical emergency etc. (although I have read there appeals are mostly a waste of time) - state the fine is too high, doe snot reflect a fair cost to th eland owner fo rthe time I was actually there.

    2. Simply ignore, its an invoice after all..

    3. Ask for maps showing where the road becomes a no entry (as 1 sign is not clear).. where I wa sparked, and ask for images clearly showing my licence plate etc etc and turn it into a battle.. (not sure I have time or extra brain capacity for this).
  • Coupon-mad
    Coupon-mad Posts: 152,631 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    None of the above, and NOT signed-for! Not a genuine pre-estimate of loss are the words you need.
    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
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