Motorway Service Station Overstay Fine

Carthesis

I agree with Redx on the issue of the 2-hours free part.

I don't recall stopping in an MSA without there being signage up stating "2 hours free" with some regularity. Admittedly, the signs still aren't compliant because all the other terms are in tiny tiny letters... but mostly they say 2/3 hours free, any longer is a couple of quid which is payable by blah blah blah. Having never stopped in one for longer than about half an hour it's never been an issue for me.

That isn't to say this isn't defensible however.

As Redx says - you've a decent chance, but there are no guarantees.

Coupon-mad

TexasChainstoreMascara wrote: »

Theoretically then, what is the worst that could happen?

If I am taken to a small claims court I am assuming they could force me to pay a fee. Is there any CCJ or damage to credit records that go with this?

I already told you the very worst case scenario and it's nothing much, this is all, merely a day out to your local court to get a decision once and for all, if they try a claim. All these things are life experiences and this is risk-free because the sum they've now invented is already artificially inflated and can't go up. This is the worst case:

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

No CCJ, nothing on your credit record at all if a person loses at a small claims hearing and then pays within 30 days.

It would be hard to lose v CP Plus IMHO. We rarely see a defence we assist with, not get a case discontinued. Those that go to a hearing are almost all won. Honestly. And if not, no big deal - and less than £186 - so better than now.

Complain to the MOTO services about how dark and unlit the signs are, put it in writing in an email so you get a written reply from their manager, not over the phone which is useless if you need to show evidence in a defence if a claim is ever tried.

Also stop saying things that imply who was driving, in the complaint as well. Say 'we' from now on, as it's possible I suppose that your contact with WH hasn't actually blown it, maybe the driver is not obvious from that contact. Start being the 'registered keeper' in all contact.

salmosalaris

So what if they enclose PE v Beavis
You enclose PE v Somerfield to demonstrate anything in excess of the parking charge is a penalty so even if you lose their award will probably be less than their demand in the unlikely event they take it to a hearing .
Foiled by their own greed and bullying

Silvertabby

A 2 hour limit for parking at a MSA is just money grabbing at its worst. It's a long time since I spent more than an hour at one of these places, but when I was stationed in Germany I usually needed a power nap at some point between Dover and the North of England. Bearing in mind I was a single (at the time) and female, a MSA seemed the safest option. I assume back then they were intended for the benefit of drivers, not petty money grabbers.

Tilt

TexasChainstoreMascara wrote: »

I will see what MOTO come back with.

I think I would be asking the department of transport on their take on how penalising you for falling asleep in a motorway service area. As I mentioned earlier, their prime reason is to provide rest and refreshment for drivers on long journeys so it surely follows that having a time limit perhaps compromises safety

TexasChainstoreMascara wrote: »

Going to court seems very stressful if not entirely necessary. What chance would I have of winning?

I would be surprised if it ends up in court IF you indicate the grounds of your defence to the respondent. First you were not obstructing or occupying a parking area designated for other vehicles, parked outside a designated bay or causing an obstruction were you? You simply fell asleep and required a longer rest period than that 'allowed' under the terms laid down by the PPC (which may not be consistent with statutory law or common sense). There was no loss of income to the operator, land owner or PPC due to you exceeding the allowed 'free parking' period. Finally the amount now being demanded is disproportionate and excessive thus making it more economical for you to defend a claim via the small claims court.

TexasChainstoreMascara wrote: »

Do I need to reply to Wright Hassall at all or just leave it?

Reply to them stating that you are not prepared to pay so invite them to instigate a claim via the small claims court outlining the points above. I stress however, that is what I would do. Obviously whether you follow my advice is up to you.

TexasChainstoreMascara

Are there any more posters in agreement with the advice above on a reply to solicitor?

Reply to them stating that you are not prepared to pay so invite them to instigate a claim via the small claims court outlining the points above. I stress however, that is what I would do. Obviously whether you follow my advice is up to you.

(sorry, couldn't figure out how to quote)

Castle

Tilt wrote: »

There was no loss of income to the operator, land owner or PPC due to you exceeding the allowed 'free parking' period. Finally the amount now being demanded is disproportionate and excessive thus making it more economical for you to defend a claim via the small claims court.

Actually there is a loss to MOTO since all MSA's charge for parking after the free 2 hours. At Frankley it's £12.50 for 2 to 24 hours.
http://moto-way.com/location/frankley-southbound/

Coupon-mad

TexasChainstoreMascara wrote: »

Are there any more posters in agreement with the advice above on a reply to solicitor?

Reply to them stating that you are not prepared to pay so invite them to instigate a claim via the small claims court outlining the points above. I stress however, that is what I would do. Obviously whether you follow my advice is up to you.

(sorry, couldn't figure out how to quote)

Wouldn't hurt but more important to complain to MOTO. And the WH letter is probably a ZZPS 'debt collector' one, no big deal.

There was a newspaper article where MOTO's top banana was quoted (a few years ago) as saying they would always cancel if a person genuinely fell asleep. Worth Googling to find it & quote it in the complaint and reply.

Tilt

Castle wrote: »

Actually there is a loss to MOTO since all MSA's charge for parking after the free 2 hours. At Frankley it's £12.50 for 2 to 24 hours.
http://moto-way.com/location/frankley-southbound/

Thanks for pointing that out. But I remain of the opinion that a 2 hour 'free' limit is unreasonable on a MSA.

Obviously the OP hadn't intended to exceed the 'free' period of parking but simply fell asleep. I would of thought that it was far better for the OP to fall asleep in the MSA than while driving!

TexasChainstoreMascara

Update on this. Have had an email today (yes, on a Sunday) to let me know that MOTO have cancelled the fine for me!

Absolutely chuffed, such a weight off the shoulders. Thank you so much to everyone who offered advice and contributed, you truly are a diamond bunch.

Looking forward to passing the news onto Wright Hassall who can print a copy of said email for their records, shortly before rolling it up and shoving it somewhere personal.