Welcome Break Parking Fine!

Discussion in 'Finance, Property, Law' started by Lion & Laurel, Jan 7, 2013.

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  1. Hi everyone,
    2 month or so I was travelling from Luton up to Cumbria in a hire car. At about 1am I started to feel tired, saw a sign saying FEELING TIRED? TAKE A BREAK! WELCOME BREAK! I drove into the welcome break services, bought a coffee, returned to the car & took a nap. I woke up later, bought another coffee, returned to the car and drove off. This turns out to be 3 hours after arriving in the services. Actually around 3 & 6 am.

    I received a 'PARKING CHARGE NOTICE' today, off a company called PARKING EYE, telling me I must pay £60 in 5 days or it'll go up to £100.

    The notice has a picture of the hire car, with a close up of the VRN from a ANPR camera.

    It says that there is lots of signs clearly stating 2 hour rule etc etc, however I really don't recall seeing them, also I'm in BFG and am unfamiliar with this, I saw an empty car park in the services I bought items from and used it.

    I've googled and found a few forums, read and saw what they have to say, BUT,

    I'd like to hear from any ARRSERS on this one. Anyone else here been caught out? Know of anyone who has ? Would you pay?

    Thanks /images/smilies/icon_biggrin.gif
     
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  2. It's a 'Speculative Invoice'. Refer them to the response given in Arkell v. Pressdram.
     
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  3. You travel up to your capital, and down to Cumbria, ready for your speculative fine?
     
  4. wipe your bottom with it and send it back as a £10 goodwill gesture... :)
     
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  5. Not council or police issued than ignore it!
     
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  6. TheresaMay

    TheresaMay LE Moderator DirtyBAT

    Here's the definitive answer:

    Don't under any circumstances admit you were driving at the time. It's up to them to prove you were driving the vehicle at the time.

    If they can prove it, via CCTV or other means (eg they can see your mug in one of the photos) they can only claim for punitive damages. In other words, what it would have cost you to park if you'd paid correctly. So if it's say, £8 per hour or part thereof for additional hours to the two free ones, and you'd stopped for one hour and two mins, they are entitled to £16 - if they can either prove - or you admit to, being the driver.

    I had one letter from Parking Eye telling me I'd over-stayed telling me to pay up and I if I don't etc etc. I had a second letter telling me I now owed the higher amount and must be paid by blah blah... That was almost a year ago now.

    That's all you need to know.
     
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  7. Thanks for the replies everyone, and the linky B-B, much confirms what I'd read elsewhere.

    i'll risk it for biscuit then.
     
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  8. Longlenny

    Longlenny War Hero Book Reviewer

    It's an invitation to pay, as others have said, ignore it!
     
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  9. I would, however, find another service area along the M6 to stop in future - you never know, you might find yourself clamped next time!

    Just a thought, though, with the DVLA database available for sale to any jack-the-lad who wants to set up a scam, be aware that they could trace the car back to the hire company and send the fine to them. It clearly states on all rental agreements that the renter is responsible for all fines and charges incurred during the rental period and it has happened that rental companies (most of whom take a swipe from your credit card before you drive off) would debit the fine from your card, whether they'd paid it on your behalf or not.
     
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  10. From Monday 1 October '12 wheel clamping on most private land in England and Wales was made illegal.
     
  11. Send them an invoice for £150 for your time taken up reading their correspondence.
     
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  12. Couple of years ago I parked in Tiverton Parkway railway station car park early am. Was in the smoke all day returning around 10pm to find a penalty notice on my windscreen.
    On reading the notice it was ticked to suggest the ticket bought at the machine was illegible. Seemed the sun had bleached the ticket..................................long story short, correspondence & several phone calls later I was to attend court. However I had in one of the phone calls been informed that this was not uncommon during sunny days, mentioned this in one final call saying I would be mentioning this and the individuals name................letter of 'no further action' received within days. No apology & I did consider invoicing for my time. The company? APCOA whoare responsible for Westminsters' private parking reich among others. C***s to the last man!
     
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  13. Or not since private clamping is now illegal.

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