CP Plus Sandbach South

harryb1966

Hi guys,

I'm hoping someone can give me some guidance on a demand that I have received from CP Plus for parking at Sandbach South Roadchef's car park a few weeks ago.

I'm from Northern Ireland, and stopped into this service area at 08:05 on 11th July. I'd been on the go for 24 hours, with only a few hours sleep on the Dublin / Holyhead ferry, and really had to stop before I fell asleep at the wheel.

The total duration of my stay was 2hr 32mins and this included me taking time for something to eat as well.

This was day one of my vacation and I've only got home today 25th July to find this demand in my letterbox. I genuinely didn't see and signage notifying me that I had to pay for parking, had I have done I obviously would have paid, but I'm a bit confused as to what the point of a service area is if you're not allowed to stop.

Can someone give me some advice on this as I obviously don't want to pay an excessive £100 or £50 fine.

Thanks,

Harry

Umkomaas

You're lucky to be living in NI as the provisions for keeper liability, as in The Protection of Freedoms Act, do not apply.

Ignore everything coming your way (other than a misguided LBA or MCOL - come back if you get either) including any 'blizzard' from debt collectors.

Do not contact the PPC and never reveal who the driver might have been (including here on the forum).

You're 'Out of Jurisdiction' for them to legitimately progress anything further.

Iceweasel

Umkomaas is spot on.

The law is different for vehicles and owners/drivers from NI and Scotland.

Unless you are foolish enough to contact them and tell them who the driver was on the day in Question they are powerless to take any action against the keeper.

Ignore everything - don't bin it - file it away in case they are stupid enough to try to take it further with the keeper.

They will likely write asking for you (the keeper) to tell them who the driver was - but you are under no obligation to tell them or even to reply.

harryb1966

Hi guys, I may have made a boob with this, based on what you've said.

I sent an appeal to the email address on their letter, telling them that it was a matter of road safety that I stopped, as there was a real danger of me falling asleep at the wheel. I'd been away since 6.30am the previous morning, meaning I'd had 2.5 hours of sleep in the previous 26.

I honestly didn't see any parking notices and thought service areas were there in order to aid tired drivers.

Given that I have replied to their appeals email address does this now mean I'll have to pay or do you think my reason for stopping plus not knowing about the restriction in place will mean they may take some sympathy on me?

Northlakes

No way. You are out of jurisdiction in NI. These are unsolicited invoices which if the government over here got its act together should be outlawed.

Iceweasel

Yes - contacting them at all was completely the wrong thing to do - but all is not lost.

The fact that you have 'let the cat out of the bag' and admitted to being the driver in charge of the vehicle when the alleged 'parking incident' took place, does not mean that you must pay then anything.

However they do now have the option of taking you to court in pursuit of their claim.

Do nothing until you get genuine court papers (not just the usual cr*p threats of legal action) but until then ignore, ignore, and then ignore some more.

But be aware that if they do go down the legal route in NI then you will be the first.

I know of no PPC that has been successful in doing that.

In that unlikely event of a court case there will be loads of regulars on here chipping in with how best to see them off.

You have more chance of winning the lottery than they have of success in forcing you to pay.

harryb1966

Hi guys, thanks for the advice. This has totally stressed me out since returning yesterday.

I'm at a total loss as to the point of a motorway service station, if they're not actually for the use of drivers to use, whether for food stops, or for rest periods.

I'll wait and see what happens and let you know.

Cheers

Harry

Redx

harryb1966 wrote: »

I'm at a total loss as to the point of a motorway service station, if they're not actually for the use of drivers to use, whether for food stops, or for rest periods.

yes they are for rest periods, generally its 2 hours and no more , you pay if you want more than 2 hours ! (usually about £12 or so I believe) - by all means rest as long as you like, until your wallet runs out of cash

so its not about if they are there as rest stops, its like the Barry Beavis case where its deemed free for 2 hours, then something else has to happen , they say (not me or us) that you can stay for free for 2 hours, but not 22 hours, not unless you pay extra on these MSA`s

in any case, its a moot point , or would have been if you had sought advice BEFORE appealing , due to you having a "get out of jail free" card, that you squandered by revealing the drivers details

but no matter, ignore anything but actual court papers , for 6 years (unless you are 5 years like scotland ?)

please dont come back about debt collector letters, we dont want to know, dont care , debt collectors are powerless , dont even read them , file them

its actual and real court papers you need to be wary of, although as stated, you would be the unlucky first person to get them if that happened (but never say never)

in england and wales, wherever and whenever you park, assume you have to pay or have a permit, never assume its free for as long as you like , its not, these honeytraps are everywhere now over here

Umkomaas

If you are the first person - ever - in NI to end up in a NI court over a parking charge for a parking event in England, I'll eat my legs.

And do you honestly think that any PPC, and in particular CP Plus, would be prepared to spend many hundreds of pounds to file a claim in NI - a jurisdiction they have probably never previously encountered - in order to recover £100? Do they teach maths in NI schools?

Just look at the CP Plus record of court cases in England over the past 12 months - and these are all court cases, they aren't necessarily anything at all to do with parking issues, then you might just start to realise how unfounded your concerns are.

http://parking-prankster.blogspot.co.uk/2015/03/court-cases-2014-2014.html#comment-form