Road safety issue - (ParkingEye)

rupedixon

Hey Guys,
I have been reading through many threads here and have not found anything relevant to my specific case. I am worried I have no grounds for appeal, yet feel the PCN particularly unfair, due to circumstances beyond my control.

My vehicle was in the M40 Oxford - Waterstock car park for 2hrs40mins last December (2 hr max stay) from about 9pm to almost midnight. The night in question was extremely foggy, with terrible visibility and freezing conditions.

The driver, apart from the obvious safety issue of driving in dense fog and worn out by the concentration required to navigate these conditions, became increasingly tired, so took a break, rested and waited for the conditions to improve, in order to carry on in a safer fashion - as advised by the signs about tiredness on the motorway.

Because of the bad light and low visibility the parking signs were obscured, also, the foggy conditions required the driver pay attention to not only other road users struggling with the conditions but also in finding the correct lane, being unfamiliar with this services layout.

It was not obvious to the driver at all that there was a time limit in this car park, in part due to the extenuating circumstances of their arrival, but also because there was no indication of parking restrictions between the vehicle and the foyer.

Personally I am not convinced that POPLA will see this as grounds for an appeal, however, it strikes me that it is extremely irresponsible to not waive fees such as these when conditions outside on the motorway are so hazardous. When the driver finally left they continued down the motorway at a maximum of 40mph because the fog was so dense.

My question is, does/has anybody had any success appealing these charges on the basis of environmental factors entirely beyond the control of drivers?

Many thanks in advance for any responses. From my limited learning so far from the information within this forum it looks like they have served me correctly (all POFA stuff seems legit and the ANPR seemed to accurately show the vehicle coming and going correctly, driver has not been identified to PE etc.)

I would love to hear from any of you... Have tried to attach PCN for reference but am new around here, can pm or something if necessary!!

twhitehousescat

Personally I am not convinced that POPLA will see this as grounds for an appeal,

what have the M40 services said , you have asked them? , after all you were doing as suggested and waiting for the fog to clear as it was dangerous

someone will be along to state the services operator and a sutable email address

unless you can state that you have already contacted them , they have refused to help and suggested that you should drive up a foggy motorway

Redx

if its an MSA there are plenty of MSA threads on here, but the best option is a landholder complaint and cancellation

I doubt that PE nor POPLA will consider the safety aspect at all, unfair but there ya go

any graounds for appeal will tend to be the same as all the rest, as detailed in the NEWBIES sticky thread

SIGNAGE
NO CONTRAT
POFA errors
NTK errors
BPA CoP failures

etc

but a landholder complaint is best , but dont lose sight of the appeal windows for PE and POPLA

rupedixon

Redx wrote: »

but a landholder complaint is best , but dont lose sight of the appeal windows for PE and POPLA

I emailed them about 3 weeks ago to complain about the PCN but haven't heard back from them as of yet. Annoyingly I used their contact form on their website and foolishly forgot to copy what I'd written...

rupedixon

What is MSA?

Fruitcake

rupedixon wrote: »

What is MSA?

Motorway Service Area.

Have you looked at the PoPLA template appeal points in post 3 of the NEWBIES thread yet? You will need to make a PoPLA appeal unless you get the Services manager to cancel the ticket. Don't miss the PoPLA deadline.

rupedixon

Fruitcake wrote: »

Motorway Service Area.

Have you sent the BPA template in blue from the NEWBIES thread yet? Don't miss the deadline.

Sure have, got rejected on appeal to PE and given POPLA ref.

Fruitcake

rupedixon wrote: »

Sure have, got rejected on appeal to PE and given POPLA ref.

Sorry, I realised that after I had posted so went back and amended it.

rupedixon

twhitehousescat wrote: »

what have the M40 services said , you have asked them? , after all you were doing as suggested and waiting for the fog to clear as it was dangerous

someone will be along to state the services operator and a sutable email address

unless you can state that you have already contacted them , they have refused to help and suggested that you should drive up a foggy motorway

I emailed them 3 weeks ago, but have had no response. Although I may have a screen shot of their receipt of email (as in I filled out the contact form on their site, but forgot to copy what I'd written).

twhitehousescat

write to the MSA again , and ring them and email them and write to the MSA again , and ring them and email them repeat several times ,

get them to cancel olr admit you did no wrong awaiting fog to clear , look well in court that!

rupedixon

twhitehousescat wrote: »

write to the MSA again , and ring them and email them and write to the MSA again , and ring them and email them repeat several times ,

get them to cancel olr admit you did no wrong awaiting fog to clear , look well in court that!

Great idea, I was fairly pleased with the original email I sent them, the gravity of the conditions and danger of the roads was made startlingly clear....

i will take this advice.