County Court Rejected Breakdown Parking fine

TeamDC

Long story short: broke down (puncture) on motorway and pulled into services. Replacement tyre fitted and I departed. I didn’t receive a PCN in time to appeal due to being abroad with the military, so the case went to County court, who found in favour of claimant noting it wasn’t their fault that I was deployed overseas and wasn’t able to appeal through POPLA, and that there were no legal grounds for dismissing the case (such as frustration of contract) because I willingly drove the car into the service station, and the signage states that breaking down would fall under ‘parking, waiting or otherwise remaining within the car park’. I was ordered to pay £200 - the fine plus the claimants costs. 

Assuming I am screwed but this seems incredibly unfair. Any advice? 

KeithP

Who looks after your interests while you are abroad? No-one?

If you haven't done so already, you need to have a hard think about that.

Coupon-mad

There is nothing you can do if you've lost in court.  

Half_way

There may be a few options to get the money back.
name of the motorway service area and operator

Name of parking company

Half_way

Also what was the date of the court judgement

TeamDC

Half_way said:

Also what was the date of the court judgement

We went to Court today. 

Fleet Half_way said:

There may be a few options to get the money back.
name of the motorway service area and operator

Name of parking company

Fleet Services; Parking Eye.

Half_way

The thinking behind this is to apply maximum pressure on the operator(s) of the motorway service area, with the intention of getting them to pay you / refund the parking charge notice/court claim, there is a short amount of time available before payment must be made to avoid a CCJ , and this should be put to use in applying pressure

As i understand it these are the facts/time line of events:

Vehicle had a puncture/flat tyre and it was unsafe to proceed

Stopping on the motorway, or even the hard shoulder is not a safe place to stop, likewise on an unknown slip road/exit

The Driver took refuge in the nearest safe place - a motorway service area, not out of choice but as a necessity and awaited assistance

 The motorway service area has an un regulated company that issues parking charge notices indiscriminately to all vehicles that over stay an arbitrary time limit

The Driver/keeper was outside of the country - serving the country on military duty and was unable to respond

The motorway service area operators, through their agents Parking Eye proceeded to issue court proceedings against the ( military) serving driver/keeper and during this process they also took no action to trace the driver/find out why there was no response.

I think that's plenty of ground for a serious complaint and it may also get the interest of the press/media

patient_dream

FLEET Services, one side of the M3 burnt down a few years ago, cost Parking Eye a fortune in lost income

You had a judge who was brain dead, There are a few around still waiting for the nice field to be put out to grass

Do the Parking Eye signs really say .... the signage states that breaking down would fall under ‘parking, waiting or otherwise remaining within the car park’

This really does put the word COWBOY back in the portfolio of Parking Eye ?

Could this be more scam riubbish coming out of the BPA ???

You were dealt a very bad deal and I would take this case to the national newspapers to expose FLEET SERVICES and PARKING EYE ...... The press love COWBOY stories ?

Coupon-mad

I think this is too little, too late.  Sorry.

TeamDC

Coupon-mad said:

I think this is too little, too late.  Sorry.

The above points were exactly the basis of my defence. The judge agreed but stated her role was to enforce the law, and being broken down was in the spirit of their signage small print. Very frustrating.

TeamDC

Half_way said:

The thinking behind this is to apply maximum pressure on the operator(s) of the motorway service area, with the intention of getting them to pay you / refund the parking charge notice/court claim, there is a short amount of time available before payment must be made to avoid a CCJ , and this should be put to use in applying pressure

As i understand it these are the facts/time line of events:

Vehicle had a puncture/flat tyre and it was unsafe to proceed

Stopping on the motorway, or even the hard shoulder is not a safe place to stop, likewise on an unknown slip road/exit

The Driver took refuge in the nearest safe place - a motorway service area, not out of choice but as a necessity and awaited assistance

 The motorway service area has an un regulated company that issues parking charge notices indiscriminately to all vehicles that over stay an arbitrary time limit

The Driver/keeper was outside of the country - serving the country on military duty and was unable to respond

The motorway service area operators, through their agents Parking Eye proceeded to issue court proceedings against the ( military) serving driver/keeper and during this process they also took no action to trace the driver/find out why there was no response.

I think that's plenty of ground for a serious complaint and it may also get the interest of the press/media

Yes this was exactly the basis of the defence. The judge basically said that while disagreeable, parking eye acted in accordance with the law.