County court defence for taking an innocent nap in a motorway service

Rae287

Hi everyone

I'm new this is my first post. Thanks for all that your incredible support, time and labour - Martin Lewis is a stand out hero of our times.

I've been reading through the advice and steps (I genuinely assumed the fine and letters were a scam so ignored the lot and came to this very late in the day when I received a county court claim form. 

I'm following the steps set out by KeithP -  I've sent the AOS and I'm at defence writing stage - Can I clarify that I just edit paragraphs 1-3 on the template and leave 4-27 of the template provided by Coupon-mad alone?

I'd really appreciate any feedback on this defence I've drafted below.

Thank you in advance.

3. On 30 July 2020 the defendant was returning from a 400-mile round trip to visit family outdoors for the first time since the start of the Covid19 Pandemic. Restrictions had eased on 4 July and according to directions from .gov ‘staying safe and staying alert’ included instructions to:

1. Keep your distance from people outside your household and try and stay two metres apart at all times.
2. Continue to wash your hands well and regularly for 20 seconds, use sanitiser when outside your home and avoid touching your face.
3. Avoid crowded spaces and plan ahead when you can to avoid travelling on public transport at peak times.
4. Wearing a face covering is now compulsory on public transport and, if you can, wear one in other enclosed public spaces, such as shops.

It was early afternoon and the defendant was 180 minutes from home and exhausted from driving, the experience of leaving home for the first time in four months and from the emotions of seeing family after the distress of the pandemic.

The defendant felt dangerously tired and stopped at a motorway service to rest. The defendant pulled into a parking bay, did not leave the vehicle, or see any parking signs and fell asleep. The defendant woke up a few hours later from an unbroken sleep - observing the covid guidance to stay safe she didn’t leave the vehicle but resumed her journey home.

When the defendant received a fine from CP Plus, she assumed that it was a scam without legal standing. The defendant recognises the safety campaigns which encourage motorists to take breaks and rest rather than driving when tired and so visited the motorway service solely to rest. The defendant believed the fine to be a scam as it was at odds with national motorway safety campaigns and because no signs or notices were visible to the defendant during her use of the motorway service carpark.

Rae287

Quickly to add that the claimant is CP Plus, represented by DCB Legal Ltd
Amount claimed is £194.28 + £35 court fee + £50 Legal costs - Total £297.28

Fruitcake

It is not a fine.

What happened when you complained to the service station manager and/or CEO? It is never too late to get a landowner cancellation.

Edit paragraphs 2 and 3. Normally your para 2 would include the words "keeper and driver". There is nothing wrong with what you have written except that it reads more like a witness statement rather than a defence. Much of the content is not really relevant.

You mention safety campaigns and signs, but I think it would be better to actually quote the wording on the signs, "tiredness kills", and motorists should "take a break".

Have you complained to your MP yet? You should also complain to the secretary of state for transport as well. Being penalised for following safety guidelines cannot be right. A service station is supposed to be a place of safety, a refuge.

You should get photos of the site and signage. Google Streetview may have images that help.

Where did the alleged event occur? It may have cropped up here before.

What is the issue date on the claim form?
Upon what date did you complete the AoS.

KeithP will hopefully be along with some useful dates for your calendar.

Have you sent an SAR to the PPC yes?

Half_way

Before you send your complaint to the motorway service area, post it up on  here first.

 Also what service area was it, and what service area operator are you dealing with?

Rae287

Thank you @Fruitcake and @Half_way

Great feedback on defence statement - I'll edit now and yes I'll draft a letter to service and share here. Thanks

Also some answers:

Issue Date of Claim: 27 April 2022
I filed AOS: 8 May 2022

The event occurred at Moto Blythe (I've skimmed through other threads but not seen another of the same)

I genuinely believed it was a scam (had one a few years ago that really was a scam) so didn't do anything at all until claim form arrived.

I've just sent SAR letter to CP Plus
I haven't complained to Moto Blyth or my MP etc - Sounds like you think it will help so I will do so now

Rae287

Ok, Im finding it hard to make it not sound like a witness statement 

Rae287

1.     On 30 July 2020 the defendant was returning from a 400-mile round trip to visit family outdoors for the first time since the start of the Covid19 Pandemic. Restrictions had eased on 4 July and according to directions from .gov ‘staying safe and staying alert’ included instructions to:

1.     Keep your distance from people outside your household and try and stay two metres apart at all times.

2.     Continue to wash your hands well and regularly for 20 seconds, use sanitiser when outside your home and avoid touching your face.

3.     Avoid crowded spaces and plan ahead when you can to avoid travelling on public transport at peak times.

4.     Wearing a face covering is now compulsory on public transport and, if you can, wear one in other enclosed public spaces, such as shops.

 

It was afternoon, and the defendant was 180 minutes from home and exhausted from driving, the experience of leaving home for the first time in four months and from the emotions of seeing family after the distress of recent months.

 

The defendant felt dangerously tired and stopped at a motorway service to rest. The defendant pulled into a parking bay close to the entrance at the back of the carpark and did not leave the vehicle or see any parking signs the defendant fell asleep. The defendant woke up after few hours from an unbroken sleep - observing the covid guidance to stay safe the defendant opted not to leave the vehicle but resumed her journey home.

 

When the defendant received a fine from CP Plus, she assumed that it was a bullying scam and didn’t pay or contact CP Plus. The defendant understood the PCN to be a scam for two main reasons  - firstly because no signs or notices were visible to the defendant during her use of the motorway service carpark. 

Secondly the defendant visited the motorway service to rest and so assumed the PCN to be a scam as prohibiting drivers from resting at motorway services during long tiring drives would be at odds with motorway safety campaign's by Department for Transport. The “THINK! Fatigue” driving tiredness campaign encourage motorists to “take breaks and rest rather than drive when tired” and to “Make time for a break” the campaign which began in 2008 was intended to “increase awareness of the dangers of driving while tired.” In addition to this campaign the defendant observed a number of clear blue motorway signs which state that “Tiredness can kill, take a break” and which included distance to the next motorway service station.

 

 

Half_way

Rae287 said:

Thank you @Fruitcake and @Half_way

Great feedback on defence statement - I'll edit now and yes I'll draft a letter to service and share here. Thanks

Also some answers:

Issue Date of Claim: 27 April 2022
I filed AOS: 8 May 2022

The event occurred at Moto Blythe (I've skimmed through other threads but not seen another of the same)

I genuinely believed it was a scam (had one a few years ago that really was a scam) so didn't do anything at all until claim form arrived.

I've just sent SAR letter to CP Plus
I haven't complained to Moto Blyth or my MP etc - Sounds like you think it will help so I will do so now

before you complain to MOTO please uploads it here first to avoid shooting yourself in the foot

Things you should include:

 Felt tired whilst driving

 Pulled into motorway services as per government advice to take a short break for safety reasons

 Due to fatigue fell asleep and stayed for longer than intended

As a result received threatening letters from CP plus demanding a huge penalty for following advice on "tiredness kills take a break"

the vehicles registration number is XXXX and if you still have it the reference number on the original parking charge notice is XXXX

you need to emphasise the safety aspect, feeling tired/unsafe to continue and stating longer than expected due to fatigue, and you are shocked that MOTO encourage motorists to continue when unsafe.

 Do not mention anything about what stage you are at with the parking company - you need to get MOTO to agree to cancel and then present that to the parking company to show that the principal doesn't want this to go to court

 

Rae287

Thanks @Half_way I'll edit the draft I posted

Rae287

New letter to Moto Blyth

Dear Service Station Manager

On 30 July 2020 I was returning from a 400-mile round trip to visit family outdoors for the first time since the start of the Covid19 Pandemic. Restrictions had eased on 4 July and according to directions from .gov ‘staying safe and staying alert’ included instructions to:

“Keep your distance from people outside your household and try and stay two metres apart at all times.” and “Avoid crowded spaces”

It was afternoon, I was 180 minutes from home, driving a slow, old, heavy vehicle, I was exhausted from driving, the stress of leaving home for the first time in four months and from the emotions of seeing family after the turbulence and grief of recent months.

I was dangerously tired and stopped at Blyth Moto motorway service to rest. I pulled into a parking bay close to the entrance at the back of the carpark and did not leave my vehicle, I locked my door and fell asleep for what I believed would be a short restorative nap. I woke after few hours from an unbroken sleep - observing the covid guidance to stay safe I opted not to leave my vehicle and add to the crowds inside the service building, so I resumed my journey home directly.

I saw no parking signs indicating that there was a time limit to resting in the carpark and I would never expect that Moto Blyth would pressure drivers into continuing unsafely by limiting the time they can rest for.

Naturally when I received a ‘PCN letter’ from CP Plus I assumed that it must be a bullying scam. It was distressing and alarming, but it was on flimsy cheap paper and looked unofficial and unprofessional. I concluded that a reputable service such as MOTO would not employ or allow ‘cowboy’ parking operators on its premises.

I visited Moto Blyth services to rest and concluded that the PCN letter must be a scam as issuing PCN’s in motorway services would prohibit drivers from resting at motorway services during long tiring drives and this would be at odds with motorway safety campaigns by Department for Transport, AA and other driver safety forums.

The “THINK! Fatigue” driving tiredness campaign encourage motorists to “take breaks and rest rather than drive when tired” and to “Make time for a break” the campaign which began in 2008 was intended to “increase awareness of the dangers of driving while tired.” In addition to this campaign the defendant observed a number of clear blue motorway signs which state that “Tiredness can kill, take a break” and which included distance to the next motorway service station.

I am horrified and appalled to discover that this is not in fact a scam and that Moto Blyth colludes with these actions to penalise safe drivers – I have received threatening letters from CP plus demanding a huge penalty for following advice on "tiredness kills take a break"

I find it unjustifiable that Moto collude with the pursuit of drivers and customers at any time but it is especially abhorrent to take advantage of us at a time when we were supposed to be ‘in it together’ coping with the challenging conditions of a new and frightening pandemic as was the case on 30 July 2020.

I will be writing to my MP and the Secretary of State for Transport, and I will make my case public because I feel strongly that motorway services should be safe rest places for drivers needing to protect themselves, their passengers and other road users by stopping to rest without fear of extortionate fines.

I am writing to you to appeal to your good faith and powers to have the PCN withdrawn and dropped. I would also ask you to raise my concerns with your CEO to ensure that your contractual arrangements with CP Plus do not jeopardise your motorway service from providing a safe and trustworthy service for its many returning customers.

turnitround

I would look at the timing and milage aspect. You say it was a 400 mile round trip and you were on the way back. So 200 miles to go and you were still 3 hours away from home. This would imply that you had only just set off back.  200 miles does not usually take 3 hours on a motorway unless there are traffic issues. If you were 3 hours away from home then it must be more miles than you state. Its unlikely you would be dangerously tired within half an hour of setting off back.

Also there are several signs re stopping and length of parking on the service area at Blythe as at every service station on the motorway network. If you intended to sleep then it would have been wise to check them out.