Motorway Service Station Overstay Fine

TexasChainstoreMascara

I stopped at a motorway service station in the summer and managed to fall asleep. At the time I saw no signage warning of fines otherwise I wouldn't have stayed there but anyway, I received a fine with photos of me pulling on and off the service station, saying I had overstayed a maximum time period.

Stupidly (I suspect), I left the fine hoping it would go away but now it has been forwarded to a solicitor who is chasing a highly inflated sum for the fine, threatening county court proceedings seeking a money judgement order.

What do I do? Is it best just to pay it?

I have been in touch with the solicitor to give my reasons, explain that I didn't see any signage etc. I am also sceptical of just how enforceable these fines are, surely services are there for rest stops- the motorway is littered with signs to avoid driving tired. Do they really want to go to court for the value of my fine?

Redx

which solicitor was it ?

double check its an actual solicitor letter and not one from a debt collector on headed notepaper

its not a fine , its an invoice , private companies cannot fine anybody

read this as it answers some of your questions , as MSA is a common topic on here

https://forums.moneysavingexpert.com/discussion/5560736

and

https://forums.moneysavingexpert.com/discussion/5555935

and

https://forums.moneysavingexpert.com/discussion/5552904

and

https://forums.moneysavingexpert.com/discussion/5543716

and

https://forums.moneysavingexpert.com/discussion/5516037

these companies can and do take people to court , google BARRY BEAVIS , he went 3 times and lost all 3

Half_way

As above, what exactly have you had, and what exactly have you got?
have you compained to the Motorway service area? if you use the correct terms ( that is its not a fine) you should be able to get in cancelled without being fobbed off with the usual noting to do with us line, the MSA take on the parking company to act as their agents.

Name of Motorway service area?
operator of MSA ( ie Moto)
name of parking company?

TexasChainstoreMascara

Right, the motorway service was Frankley south on M5, it was a MOTO station apparently operated by CP PLUS.

After the original notice it was taken up by ZZPS who sent a letter for an increased amount and ensuring me that 'a recent Supreme Court ruling (Parking-eye v beavis) has confirmed a charge issued on private land is enforceable and does not breach the unfair terms in consumer contracts regulations 1999'

ZZPS have now passed this on to Wright Hassell Solicitors who seem legit but after a bit of digging are probably quite ropey.

I really am struggling to understand all this despite there being a lot of conversation here and amongst other google search results. Can someone spell this out for me??

1) Who are ZZPS and Wright Hassall and are they reputable companies?

2) Have I broken the law?

3) Do MOTO/CP PLUS have a legitimate case against me or any other motorist?

4) How do I resolve this? Who do I write a letter to? Is there a governing body that deals with this?

5) Can I be summoned to court?

6) Is it okay to be angry or is this all my own fault?

Thanks in advance.

Timothea

TexasChainstoreMascara wrote: »

1) Who are ZZPS and Wright Hassall and are they reputable companies?

2) Have I broken the law?

3) Do MOTO/CP PLUS have a legitimate case against me or any other motorist?

4) How do I resolve this? Who do I write a letter to? Is there a governing body that deals with this?

5) Can I be summoned to court?

6) Is it okay to be angry or is this all my own fault?

1) ZZPS are debt collectors who harass and threaten motorists but have no real power. Wright Hassall are solicitors that act for parking scammers, so legit but hardly reputable.

2) You have not broken any law. CPPlus will claim that you had a contract with them and you broke that contract. If you genuinely did not see any parking signs then you couldn't have entered into any contract with CPPlus

3) They might have a legitimate claim, which they would have to prove on the balance of probabilities.

4) CPPlus don't care about you; they just want your money. There may be something you can do depending on your circumstances. When did this happen? At night? Have you kept all the paperwork from CPPlus and Wright Hassall?

5) CPPlus or Wright Hassall can make a money claim against you in the small claims court. You can pay up or defend yourself in court. You will get help from this forum to do this, if that's what you decide to do. You could also enlist the help of some people who help you do this for a small fee.

6) You should be angry and it's definitely not your fault.

TexasChainstoreMascara

Thanks Timothea

What should be my next step then. I think I have retained all paperwork but obviously it's all quite threatening and I am torn between just paying to get rid of it- now £186, or trying to take a stand (I just don't know how to go about it)

Timothea

You should first read the NEWBIES sticky thread (with a red star). It contains almost everything you need to know, but there's a lot to take in and you'll need to read it carefully several times. Other people may also suggest more specific thinks you might do.

It would help us if you could explain exactly what happened at the motorway services and what you have told CPPlus / ZZPS / Wright Hassall. It sounds like you have admitted being the driver.

TexasChainstoreMascara

Basically I stopped there and fell asleep! I saw no signs and if I'm honest I didn't even know that motorway service stations would issue fines.

Until now the only contact I have made is with Wright Hassell to explain the occurrences and let them know that I am investigating the matter and whether the fine is enforceable or ethical. They have replied to tell me the matter is on hold while we discuss- but then still sent me a further letter chasing payment!

Following some of the threads/advice on here I have now emailed MOTO MD to ask that he may consider my circumstances. Still no idea if I'm doing right or digging a deeper hole.

Redx

you are doing the correct thing in trying to get a landholder cancellation , ie:- by MOTO

no fine was issued , no fine can ever be issued , its merely an invoice for overstaying the 2 hour free period without paying a parking company ( a third party contrator) a fee to park for longer, nothing more

this is not a criminal matter so no summons can be issued

but the PPC has the right to issue an MCOL and that would be in civil court (been going since 1973 so nothing new)

if this happens , then you can defend it , as explained in the NEWBIES sticky thread COURT CLAIM section , and background info on pranksters blog

http://parking-prankster.blogspot.co.uk/2016/11/sleepwalking-into-disaster-never-ignore.html

and there are no "governing bodies" , its an unregulated industry

there are 2 trade associations, the BPA and the IPC , some PPC,s are members of both bodies , some are only members of one , some PPC,s are not members of either body

Coupon-mad

TexasChainstoreMascara wrote: »

What should be my next step then. I think I have retained all paperwork but obviously it's all quite threatening and I am torn between just paying to get rid of it- now £186

What, even though CP Plus can't hold you liable as registered keeper, you (the non-liable registered keeper with a cast iron defence using the POFA Schedule 4) want to pay? This could have been won at appeal by mentioning 'no keeper liability'.

DO NOT say who was driving in any contact or complaint. You are the keeper who has received a letter.

I have been in touch with the solicitor to give my reasons, explain that I didn't see any signage etc.

Whoops, sounds like you blew that slam-dunk winning part of your defence then! You should NEVER have replied like that. Never mind. We will help with all stages for free, any time you need to reply here. We also assist with defences and loads of people have gone and said who was driving, we get this every day!

£186 is a joke. even if they took you to court and you managed to lose, you'd typically pay less!

Try the complaint. DO NOT PAY.

Timothea

Presumably, you didn't see any signs because it was dark, you didn't use the services and you were under the impression that parking was free at motorway services. This is perfectly reasonable but the problem is that anyone could say that to avoid paying the parking fee or the penalty charge. You would need to have some supporting evidence or explain very persuasively to a judge why it is true. The parking company won't take your side.

You are right to contact the motorway services operator (MOTO) to ask for the charge to be cancelled.

When CPPlus rejected your appeal, did they give you a POPLA code? They should have done this and if they didn't you should ask for one now. This allows you to make an appeal to an independent appeals service (not to be confused with the IAS). POPLA determines appeals based on the law, not mitigation, but there are probably some legal points that you could use.