Fell asleep at services

jimmyjango

Hi guys,

I recently returned home from my university address (where I stayed over summer as well as term time) and when i finally looked at the old mail I had, I found i'd been issued with a parking fine by CP Plus for stopping at some services. The first one is dated 26/08/2013 but now I have letters from Debt Recovery Plus too.

The charge is £120 which is ridiculously extortionate! I always thought services where free!! I did not intend to fall asleep, I actually popped in to get a coffee which I drank in my car. So I was in the car almost the entire time. I have no idea whether there was clear signage I didn't think to look!

What should I do? I can't afford £120! I think my university offer free legal services, I can't see them about it until next term now though.

Thanks!

The_Deep

Name the driver, you remember, that nice girl Kiwi girl who went home after she graduated. If you have lost touch with her, I am sure she is on Facebook.

jimmyjango

Oh! I was so confused at first! I understand

It's the driver who's responsible and not the registered keeper

Redx

only after the RK has named the driver and serviceable address , to the PPC

ignore DRP

jimmyjango

Ok, so since I've not emailed them I've not admitted any liability yet?

Next step would be to email them and name the kiwi girl? Would that work?

w211

I did the same in a motorway services car park.

CP Plus sent me three letters, then, some other debt collection agency company sent me another three letters, all over a period of 1 year.

No action was taken and haven't heard anything since.

Redx

jimmyjango wrote: »

Ok, so since I've not emailed them I've not admitted any liability yet?

Next step would be to email them and name the kiwi girl? Would that work?

you do not admit anything

all you do is send a letter via the PO and ask for a free cert of posting , to the PPC (not DRP)

in it , give your name and address as RK , the reg number and the pcn number, then name the driver and tell them that as RK you have discharged your obligations under POFA 2012

give a serviceable name and address for the driver, even if its in kiwi land

they wont like this and may still mither you as RK, but if it ever went to court the claim should be dismissed by the court as you have discharged your responsibilities under POFA 2012

so you may still get begging letters for up to 6 years, but you only respond to an LBC or MCOL from the PPC, or their legal reps , or the landowner

you should also complain to the landowner (probably the services) and demand a cancellation on safety grounds

hoohoo

Don't make up a driver or you will be Huhned.

Write to DRP as the keeper

Dear DR+,
The debt is denied. Please refer the case back to the principal.
The signage is not sufficient to create a contract between driver and landowner and the charge bears no relation to any loss and is so a penalty.

For the avoidance of doubt I will not pay any charge unless ordered to by a court. To mitigate costs, I am willing to undergo the industry standard ADR, which is to appeal to the operator and then POPLA if not resolved. This limits costs to £27 so I will strongly oppose any costs order above that. If your principal wishes to use court to resolve the matter, please ensure they send a letter before claim compliant with practice directions.

Send with free proof of posting.

They will ignore this, but it stands you in good stead if they ever do try court in the years ahead.

Redx

sorry, think posts #2 and #3 and #5 sidetracked me into thinking the driver was somebody else in kiwi land and not the RK

do as the above said or just ignore DRP which is what I would do

jimmyjango

Ok great! Thanks so much, made me feel better about this whole thing. Merry Christmas!

Half_way

Fell asleep at services

good job you fell asleep there and not behind the wheel whilst driving.
As for who was or wasnt driving you dont need to name them, until the time comes - if it comes but at the same time dont be dis-honest by saying it was some one else.

As Hoohho says

Dear DR+,
The debt is denied. Please refer the case back to the principal.
The signage is not sufficient to create a contract between driver and landowner and the charge bears no relation to any loss and is so a penalty.

For the avoidance of doubt I will not pay any charge unless ordered to by a court. To mitigate costs, I am willing to undergo the industry standard ADR, which is to appeal to the operator and then POPLA if not resolved. This limits costs to £27 so I will strongly oppose any costs order above that. If your principal wishes to use court to resolve the matter, please ensure they send a letter before claim compliant with practice directions

you could also add that you intend to charge any costs that you incurr to the principal (moto services?)
apart form the fact that the PPC industry shouldnt be allowed to exist.
Motorway service areas are safety critical places where drivers can and should take a break.
thers some clap trap spouted about time limits being there to ensure plenty of spaces, but a two hour limit especially at night is far too short.
if the key concerns are driver ( and other road users ) safety as well as avoiding the car parks being used as a cheap park and ride for those who work then the limits should be 6 hours, plenty of time to rest and not enough time to use for an all day work car park.