Motorway Services PCN - I paid for extra parking!

Scraplet

[FONT=Arial, sans-serif]Hi all,[/FONT]
[FONT=Arial, sans-serif]Wish I found the resources here earlier! I've read the stickies and searched, but can't find a situation quite like mine. Just wondered if anyone could offer advice on how to proceed.[/FONT]

[FONT=Arial, sans-serif]Following a holiday in Scotland, I received a PCN from a BPA-member parking company representing a motorway service station.[/FONT]

[FONT=Arial, sans-serif]Upon arrival at the service station (11/06/16) we inspected the sign. The understanding I took from it was that we could park free for up to 2 hours, and after that pay a fee. There was a stated fee £x for up to 12 hours parking. We dutifully phoned-up and paid £x. My understanding was that we could park for 14 hours (12 hours paid, plus 2 hours free). We parked overnight, and stayed for a grand total of 12 hours and 34 minutes. We spent circa £70 on site while we were there feeding the family.[/FONT]

[FONT=Arial, sans-serif]PCN arrives dated 16/06/16. It alleges we owe them £100 because we had “either not purchased the appropriate parking time or remained at the car park for longer than the permitted free stay or purchased parking time”. [/FONT]

[FONT=Arial, sans-serif]"Ah", I think! "The incompetent twonkers! We DID buy the appropriate parking AND we didn't overstay". So, I simply replied to their online 'appeals' procedure stating as much. I pointed out that I was disappointed that they had made such an error, and as a paying customer I was minded to complain to the car park owner. And I thought no more of it, after imagining the shame they would surely feel for making such as mistake.[/FONT]

[FONT=Arial, sans-serif]13/07/16 – Another letter arrives. “Our records do not confirm that any additional parking time was purchased”. I was fuming. I replied, again, to their online 'appeals' procedure with proof of my payment and of all the money I spent on site. I ranted about their incompetence. I told them I would indeed complain to the landowner. I emailed the motorway service company concerned and berated them about their parking contractors behaviour and incompetence.[/FONT]

[FONT=Arial, sans-serif]Today – another letter arrives. “...your appeal has been unsuccessful due to the fact that parking tarriffs apply at this car park. On further investigation our records show that insufficient time was paid for on the date of the parking event”.[/FONT]

[FONT=Arial, sans-serif]So, now they suddenly have records, and I'm still in the wrong! The motorway service company have not even bothered to reply back to me.[/FONT]

[FONT=Arial, sans-serif]I can only assume I misinterpreted the sign, but I still think my take on it is perfectly reasonable. [/FONT][FONT=Arial, sans-serif][FONT=Arial, sans-serif] I haven't got the sign to refer back to. I didn't take a picture, because I had no reason to at the time. It is a six-hour round trip from me, so it's not like I can nip back and have a look!

[/FONT][/FONT][FONT=Arial, sans-serif][FONT=Arial, sans-serif]So any advice on how to go from here? [/FONT]I've essentially and unwittingly identified myself as the driver and keeper, by complaining. I stupidly assumed that I was dealing with people who would respect a paying customer who had honestly followed their convoluted system. The service station is in Scotland, though I am not. The original PCN only had their own internal appeals procedure, and no correspondence from them has offered any POPLA info or appeals procedure.[/FONT]

[FONT=Arial, sans-serif]Any advice appreciated. [/FONT]

yotmon

Hi, can u name the ppc and also the services location. It is a pity that you have named the driver. Have u 'googled' parking at the location, there may be photos of recent signs for you to examine.

Scraplet

yotmon wrote: »

Hi, can u name the ppc and also the services location. It is a pity that you have named the driver. Have u 'googled' parking at the location, there may be photos of recent signs for you to examine.

Hi, I can name them if it will help. Welcome Break at Gretna. PCN from Parking Eye Ltd. I've tried searching images, but haven't yet found a recent one that looks like the sign I remember. I'll keep searching! Looking back at my correspondence I haven't specifically stated I was the driver, but I supplied payment information which makes it clear I was present and involved in transactions on site. And they got my details from the DVLA. Not many dots to join there!

pogofish

You should never name the driver, especially not in Scotland as POFA 2012 does not apply there and they cannot pursue the keeper instead, whatever side of the border they live on!

Saying that, meaningful action against identified drivers in Scotland are very thin on the ground - although it remains a possibility for five years.

If you can't get Welcome break to cancel on your behalf, sit tight and ignore all further threats unless you get an LBCC would probably be the way to go. I don't think PE has brought any cases in Scotland these last few years?

DoaM

"up to" will be their get out excuse ... you're not paying for an extra 12 hours; you're paying for a total of 12 hours. (Unless the signs say something different?)

Did you take overnight accommodation at the lodge, or sleep in your vehicle?

Regardless ... can you post redacted copies of what you've sent to PE? The wording will determine whether the driver has been identified. As above, as the event was in Scotland then POFA does not apply, so if the driver is not identified then PE will have a struggle.

PS - is it PE at Gretna services? I always thought it was CP Plus. (I often use those services, but not for any extended period).

Half_way

complain to the msa

Castle

I stopped at the Gretna services back in April 2016 and they only offer the following parking tariffs for cars;-
1) 2 to 6 hours for £5
2) 6 to 24 hours for £12
It's a ParkingEye site.

Scraplet

Thanks for the replies.

You should never name the driver, especially not in Scotland as POFA 2012 does not apply there and they cannot pursue the keeper instead, whatever side of the border they live on!

Ah, if only I knew what a bizarro-world game I'd got involved in at the start!

DoaM wrote: »

"up to" will be their get out excuse ... you're not paying for an extra 12 hours; you're paying for a total of 12 hours. (Unless the signs say something different?)

I suspect it is something like that. If that is the case, I would maintain that my interpretation, at the time, and without legal consultation, was a fair interpretation. If I'm supposed to agree to a contract on the spot, it is a reasonable expectation for it to be unambiguous, in my opinion. Otherwise, I have been mislead and did not agree to the contract.

Did you take overnight accommodation at the lodge, or sleep in your vehicle?

Camper van. Haven't mentioned this, just in case they pull some other clause out of their behind!

Regardless ... can you post redacted copies of what you've sent to PE? The wording will determine whether the driver has been identified. As above, as the event was in Scotland then POFA does not apply, so if the driver is not identified then PE will have a struggle.

Will do. haven't got it to hand right now, so will post later

PS - is it PE at Gretna services? I always thought it was CP Plus. (I often use those services, but not for any extended period).

My payment was to Parking Eye Ltd, and that is also who the PCN was from. If you find yourself there anytime soon, do me a favour and take a picture of the sign! Ta! ;-)

daveyjp

As Gretna is in Scotland I'd just concern myself with complaining to the service station operator.

I was at those services a couple of weeks ago and the place is a shambles. It is Parking Eye.

Scraplet

Castle wrote: »

I stopped at the Gretna services back in April 2016 and they only offer the following parking tariffs for cars;-
1) 2 to 6 hours for £5
2) 6 to 24 hours for £12
It's a ParkingEye site.

Wow! That's not what I remember. REALLY need to see the sign now!

Scraplet

Half_way wrote: »

complain to the msa

Thanks. Who / what is the MSA?