Overstaying - What is the Legal Defense?

Coupon-mad

Other people have had their claims cancelled with both MOTO and Roadchef:

https://forums.moneysavingexpert.com/discussion/6268662/dcb-legal-for-cp-plus-re-road-chef-moto-pcns-advice-on-defence-against-claim/p5

https://forums.moneysavingexpert.com/discussion/comment/78368031/#Comment_78368031

ZZ3100TV0

Here's my first draft for my email to Roadchef, advice welcomed.

Dear Roadchef, I’m currently being taken through the small claims court by the private car park management company for your ***Site***. The overstay they are claiming a significant sum of money for something that happened on ***Date***, which was well over 3 years ago. I feel that I’m being pressured and harassed by CP Plus/Group Nexas whose only intention is seems is to profit from tired and unsuspecting motorists.

The overstay was only around an hour, very early in the morning and I haven’t been presented with any evidence to show that my overstaying to sleep in my car due to the fatigue of a long day and long drive caused any inconvenience or financial loss to any party. Whats more, I was using your motorway rest area, to rest.

Please could you consider cancelling this PCN as it presently giving me a very bad taste towards Roadchef, especially given how this is something from 2017.

PCN Number XXXXXXXXX

Coupon-mad

Dear Roadchef?

Have you not read anyone else's on all the other Roadchef threads, where they email the CEO by name and go to town on the complaint and not be so polite?

I am not linking any, we want you to read and learn from others.  That's the best way to use this forum, read other threads just like your own.

1505grandad

"Group Nexas"  -  and make sure you use the correct name (Nexus)

Umkomaas

Dear Roadchef, I’m currently being taken through sued in the small claims court by your agents, the private car park management company known as CP Plus/Group Nexus for your ***Site***. For this short overstay, they are claiming a significant an extortionate sum of money (£xxx.xx) for something that happened on ***Date***, which was well over 3 years ago. I feel that I’m being pressured intimidated and harassed by CP Plus/Group Nexas, them, representing you, as your agents.

The overstay was only around an hour, a short one, very early in the morning 

I wouldn't quantify the duration. 

I'd add something to the effect that you've been a long-term customer of Roadchef whenever using the motorway network, and you are so shocked that Roadchef is allowing a regular, long-term customer to be sued through the courts by their agents for using the facilities and spending money, but making the cardinal error of falling to sleep through sheer exhaustion. 

Coupon-mad

Yep you need to copy other stronger ones and address it to the top banana by name, as everyone else has on all the other Roadchef threads in April/May. 

 ALL OF WHICH WERE CANCELLED BY ROADCHEF'S TOP MANAGEMENT.

ZZ3100TV0

Thanks for your feedback :-)

ZZ3100TV0

I emailed roadchef, they told me they're looking into it.

I noticed that I've not received the re-issued questionnaire as per last time when it was discontinued, and as I've missed the deadline I rang the court and I was told they don't issue them, and that I was meant to print it out myself and now it would be best to wait for the next letter as it's now be allocated to a judge. The amount claimed on the system is still the original amount for both PCN's.

Should I filed the questionnaire anyway now, or should I just wait for the next correspondence?

Coupon-mad

The complaint to Roadchef is taking weeks longer than we ever see here, so I reiterate, did you complain to their CEO by name and not just Roadchef customer services, who are more likely to fob you off and say it’s too late to cancel. It’s not. 

Send a DQ anyway as you need to set out any unavailable dates.

ZZ3100TV0

I did... I got this..

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Dear XXXXXX

Thank you for taking the time to email Mark Fox, Chief Executive Officer regarding your Parking Charge Notice (PCN) regarding your visit to our Tibshelf North service area on XX XXX 2017, which has been passed on to me to respond. 

 

I can assure you that we will be investigating the issues that you have raised and I will contact you again shortly.

 

Thank you again for making me aware of this matter.  Please accept my sincere apologies for any inconvenience caused.

 

Yours sincerely

 

Tracy Baitup

Director of Commercial Income

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