Parking charge notice help please !!
I was driving my wifes car on the M25 on 11/10/2010. It was coming home from work late and i was tired so i decided to do the right thing and pull over for a nap. I parked up at Clacket lane south at 12:26 am had a kip until i left at 3.21am. total of 2hrs and 55 min. Got home soon after in one piece.
A company called CP plus have sent me a letter today asking for 80 pounds, reduced to 50 if i pay promptly. As i overstayed thier 2 hour parking limit.
I am just wondering, should i pay this ? does it have the same standing as a council parking ticket which means my car could be clamped/seized if i ignore it ? or should i write back and appeal?
I think this is a bit unfair, i didnt see any warning signs as it was dark, i would have thought having a safety sleep is best at that time of night, etc...etc..
any advice would be gladly taken please.
Thanks in advance,
A now rather awake and alive driver !!
I know there is a limit of 2 hours at most if not all the motorway services. I'm not sure how you would stand if you did not pay it.
I would say there is a distinct difference between not seeing signage, and the signage not being adequate and visible. As you say, you were tired, and may just have missed it. For this reason I would recommend returning and photographing the signage before making a decision as to whether to fight it or not.
Have a look on the legal help type websites. I am having a stand-off with another mickey mouse parking company called MET parking services for overstaying my welcome at McDonalds in Bow of all places. The advice is just ignore them as they dont have any legal powers. I tend to agree. Let us know how you get on.
Adam above is absolutely 100% correct. Ignore everything. Do not pay it. It is a scam. The "ticket" was given by a private parking company (PPC). These "tickets" are unenforceable. You only have to pay one if it is given at a council car park, or by a police officer. In NO other circumstances is the ticket enforceable.
DO NOT pay.
DO NOT reply in any way to the company.
IGNORE all correspondence.
Usually they will send you a few more letters, with increasing menace and desperation, then all communication will stop.
They know they can't take you to court. These PPCs make a profit on 80% of people paying straightaway out of fear, without realising they don't have to.
This applies to all PPCs - Athena, Excel, Europarking, CP Plus, the list goes on...
Check www.pepipoo.com and www.consumeractiongroup.com/forum for more details. If Watcher comes on here, he will back this up.
The signs in supermarket/service station car parks are meaningless in law. It is basic contract law - if you overstay on private property, you owe them damages for breach of contract, the breach is by how long you have overstayed. E.g. if a car park is £1 an hour and you overstay by half an hour, then the most they can claim is 50p, not the £80 they tell you. This is why they never take anyone to court and just rely on threatening leters full of lies.
Think of it this way - their car park is to them what your driveway is to you. If someone parks on your driveway, it is rude and annoying, but you cannot fine them, and any signs you put up have no basis in law. The same goes for PPCs.
As the car park you stayed in was free, then you owe them no damages, as they made no loss.
Ignore the ticket and all further correspondence. Do not bother appealing, it is not a real appeals process, they just automatically reject all 'appeals' and send them straight back.
They are NOT the police, the courts or the local authority - they can't just fine people.
Next time you to Morrisons, don't worry about being back in 2 hours, because any ticket they give you is meaningless, it's just an invoice for a service you didn't order, and you have no legal obligation to pay it. Don't get conned.
Last edited by 98selitb; 24-10-10 at 09:15.
Hi, I was just wondering what you decided to do with the notice you received? I received one in the post today for overstaying 50 minutes. The Parking Charge Notice is from CP Plus and is demanding Â£80 reduced to Â£50 if paid within 14 days and I really do not know what to do. Any advice would be much appreciated.
I think it’s all in 98selitb’s post above. I think I would save the letters (just in case...) but do nothing.
These weasels have slapped a ticket for £100 on my car for 20 minutes parking. Can I ask did you ever have to pay up.
Do you KNOW these are unenforceable or are you assuming?
Please reply soon as my deadine is 4 days away
Originally Posted by 98selitb
Did you ever have to pay? I received on a week ago for 20 mins parking in a permit holders only car park.
Not sure what to do...
The rules may be different for permit holders only ones because there is a fee involved in purchasing that permit (in contrast with free supermarket car parks where they cannot possibly claim a financial loss because parking is free so there is zero loss). From their point of view, you may have prevented someone who's paid for a permit from parking there. Ask in the forums I linked above, they have very knowledgeable legal experts on there.
As a rule, any sign that a private person or company puts on their land means nothing in law. The only signs that mean anything are ones erected by a council, police or roadworks people (who are under the umbrella of the council or Highways Agency anyway). If you put a sign in front of your house saying permit holders only, or blue cars only, or British drivers only, it wouldn't mean anything...the same goes for a private company.
EDIT: if the ticket was given by the council (it will clearly display this) then you do have to pay, or appeal, one or the other. Given by a private company, then follow the advice above.