Service station parking fine - advice

anony-moose

I've posted here fairly recently, where I had received a parking fine and was given advice when legal proceedings had started. I also posted several years ago, when the advice was to ignore letters etc. I know ignoring letters is no longer advised, however I took this approach as it was a fine that ran along side the last one that I got - before I knew it was no longer advised to ignore letters etc.

I received a fine in the post last year when I had gone to a service station (to drop off a covid test) and stayed at the Costa there to do some work on my laptop. I had no idea that you had to pay for parking at service stations and the thought of that never entered my mind. I, of course would have bought a ticket had I known. I stayed for over 3 hours and believe parking was free up until 2 hours.

The advice I am looking for is regarding:

1. A believable story excusing this breach
2. I have received a final letter from the 'debt collection' agency, before legal action is taken. Should I engage with them? If not, what is best advised?
3. I read in the news a few months ago about unfair charges and the new maximum being 50 pounds. Does this play a part in proceedings now?

My last case went to small claims and a hearing, which the solicitor never turned up to, hence I won. I know I was probably lucky and have been really careful with my parking since. I think this fine dates back to September last year.

Any help much appreciated. Happy to provide further details too. 

Thanks again.

Half_way

As you have had one of these before then you should know its not a fine ( the distinction is important)

Secondly its important to try and head things off before court , if it goes to court then you will have much much more to do to prepare a defence etc , plus a previous win does not guarantee a future win even if the situation is identical - the so called small claims ( county)  court lottery , and if it does go against you unfairly then you can of course appeal but that involves yet more hard work and potential costs.

Sop what do you do?

 First complain to the motorway service area , some are easier to deal with than others, some meed dealing with in different ways, the same goes for the so called parking company .

So to proceed on here with advice we need to know:

Motorway service area name and operator ( ie Moto, M2, Medway/farthing corner)

and name of parking company ( ie CP plus/parking eye etc)

Umkomaas

1. A believable story excusing this breach
2. I have received a final letter from the 'debt collection' agency, before legal action is taken. Should I engage with them? If not, what is best advised?
3. I read in the news a few months ago about unfair charges and the new maximum being 50 pounds. Does this play a part in proceedings now?

1. Do you mean 'believable, if somewhat untrue'?
2. Debt collectors can be ignored (NEWBIES FAQ Announcement, fourth post) but not a Letter Before Claim or real Court Claim - neither of which will come from a debt collector - come back if you receive either.
3. Shelved temporarily because of swimming-in-cash' parking firms paying huge amounts of money to launch two Judicial Reviews. Further public consultation will take place, probably in the Autumn once the Tories have sorted themselves out!

anony-moose

Half_way said:

As you have had one of these before then you should know its not a fine ( the distinction is important)

Secondly its important to try and head things off before court , if it goes to court then you will have much much more to do to prepare a defence etc , plus a previous win does not guarantee a future win even if the situation is identical - the so called small claims ( county)  court lottery , and if it does go against you unfairly then you can of course appeal but that involves yet more hard work and potential costs.

Sop what do you do?

 First complain to the motorway service area , some are easier to deal with than others, some meed dealing with in different ways, the same goes for the so called parking company .

So to proceed on here with advice we need to know:

Motorway service area name and operator ( ie Moto, M2, Medway/farthing corner)

and name of parking company ( ie CP plus/parking eye etc)

Thanks @Half_way

It was Moto Birch Eastbound M62. The parking company is CP Plus Ltd. I checked and it did happen in the middle of September last year.

anony-moose

Umkomaas said:

1. A believable story excusing this breach
2. I have received a final letter from the 'debt collection' agency, before legal action is taken. Should I engage with them? If not, what is best advised?
3. I read in the news a few months ago about unfair charges and the new maximum being 50 pounds. Does this play a part in proceedings now?

1. Do you mean 'believable, if somewhat untrue'?
2. Debt collectors can be ignored (NEWBIES FAQ Announcement, fourth post) but not a Letter Before Claim or real Court Claim - neither of which will come from a debt collector - come back if you receive either.
3. Shelved temporarily because of swimming-in-cash' parking firms paying huge amounts of money to launch two Judicial Reviews. Further public consultation will take place, probably in the Autumn once the Tories have sorted themselves out!

Thanks @Umkomaas

1. Yeah, I think what actually happened makes me fully liable. Is there a narrative/defense that people in my position have followed in the past? 

Trainerman

anony-moose said:

Umkomaas said:

1. A believable story excusing this breach
2. I have received a final letter from the 'debt collection' agency, before legal action is taken. Should I engage with them? If not, what is best advised?
3. I read in the news a few months ago about unfair charges and the new maximum being 50 pounds. Does this play a part in proceedings now?

1. Do you mean 'believable, if somewhat untrue'?
2. Debt collectors can be ignored (NEWBIES FAQ Announcement, fourth post) but not a Letter Before Claim or real Court Claim - neither of which will come from a debt collector - come back if you receive either.
3. Shelved temporarily because of swimming-in-cash' parking firms paying huge amounts of money to launch two Judicial Reviews. Further public consultation will take place, probably in the Autumn once the Tories have sorted themselves out!

Thanks @Umkomaas

1. Yeah, I think what actually happened makes me fully liable. Is there a narrative/defense that people in my position have followed in the past? 

Yes. How good were the signs? Did you know about the two hours, or was that information only conveyed by scrubby/dirty/covered over signs that could not be noticed or read ?

Umkomaas

anony-moose said:

Umkomaas said:

1. A believable story excusing this breach
2. I have received a final letter from the 'debt collection' agency, before legal action is taken. Should I engage with them? If not, what is best advised?
3. I read in the news a few months ago about unfair charges and the new maximum being 50 pounds. Does this play a part in proceedings now?

1. Do you mean 'believable, if somewhat untrue'?
2. Debt collectors can be ignored (NEWBIES FAQ Announcement, fourth post) but not a Letter Before Claim or real Court Claim - neither of which will come from a debt collector - come back if you receive either.
3. Shelved temporarily because of swimming-in-cash' parking firms paying huge amounts of money to launch two Judicial Reviews. Further public consultation will take place, probably in the Autumn once the Tories have sorted themselves out!

Thanks @Umkomaas

1. Yeah, I think what actually happened makes me fully liable. Is there a narrative/defense that people in my position have followed in the past? 

Never lie in this process, whichever part of it, initial appeal through to court hearing, it will never play well for you. Leave the lies to the parking firms and their henchmen. 

As stated by @Trainerman above, signage is always a key issue, so if you were unaware of a time limit/charge, you must have missed the signs. Raises the question as to their prominence/visibility. Through further research (are close by or revisiting soon) what wording did the signs contain?  Take photos if possible. Gather as much info as possible. 

@Half_way gives good advice above regarding complaints to the MSA. 

Half_way

And before you send any complaint off please post it here first (redacting stuff like names and reg numbers)

Coupon-mad

Which PPC?

ParkingEye or CP Plus?

What stage are you at?

Fruitcake

Coupon-mad said:

Which PPC?

ParkingEye or CP Plus?

What stage are you at?

It's CP Plus