Parking Eye - £100 "fine" for meeting someone @ Fleet servic

Parking Eye - £100 "fine" for meeting someone @ Fleet servic

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Discussion

AA999

5,180 posts

217 months

Monday 28th July 2014
quotequote all
oyster said:
So I do have some sympathy for the car parking firm here.
The car parking firm or the services operator?



tenpenceshort

32,880 posts

217 months

Monday 28th July 2014
quotequote all
Boosted LS1 said:
If there were any empty spaces to park in then they haven't made a loss of profit because they car park wan't full to capacity.
That's an over simplistic analysis.

If the services you're approaching was always 80% full and you had to park miles from the entrance, and the next one after that 25% and you could always park by the door, which is the most likely you'll visit?

Of course, in considering the above, it's almost impossible to quantify how much damage people who park beyond the allowed time cause. Which is why liquidated damages would be the ideal solution.

Except one thing;

Most services allow you to park for as long as you like, in return for a parking fee if you stay beyond 2 hours. If you overstay the free period, you then owe them the parking fee for the period of parking. If the parking fee is £10, they cannot reasonably claim liquidated damages of £100 for breach of contract. You were allowed to park there, you just owe them the money for doing so (plus a small amount for chasing you for payment).

Were the contract to forbid you from staying beyond two hours, then there would be a case for arguing liquidated damages due to the damage you cause to the wider business by clogging the car park, but from the usual contracts, it appears they're perfectly happy for you to do so if you pay them for the pleasure.

Kitchski

Original Poster:

6,515 posts

231 months

Tuesday 18th November 2014
quotequote all
Many thanks to those who helped. I appealed to PE, had it rejected, submitted appeal to POPLA who decided it wasn't valid and threw it out. PE emailed to say they were dropping it the next day.

As I've said, I'd have paid it if it was a reasonable sum, but it wasn't. They tried to take the piss and they failed.

Red Devil

13,060 posts

208 months

Wednesday 19th November 2014
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clap Another one to add to MSE's list of PE failures at POPLA.

eatcustard

1,003 posts

127 months

Wednesday 19th November 2014
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If you had listened to LoonR1 and Nigel Worc's you would be £60/£100 worse off.

The loonie left will never win smile

herewego

8,814 posts

213 months

Wednesday 19th November 2014
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In what way was the ticket not valid?

EU_Foreigner

2,833 posts

226 months

Wednesday 19th November 2014
quotequote all
Genuine pre-estimate of loss I would imagine.

I won mine this week based on that as well.

g3org3y

20,627 posts

191 months

Wednesday 19th November 2014
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Well done OP. clap

xjay1337

15,966 posts

118 months

Wednesday 19th November 2014
quotequote all
I don't think the case should have been thrown out.

YOU missed the sign (which is visible clearly, as I've been to Fleet services recently many times), YOU over stayed the free stay. Ergo, you got fined. The fault is not with the parking company but with you for your lack of observation.

In your earlier posts you state that you did not see any signs warning you (as in, implication that you missed them).

And yes, staying at a motorway services for 2 hours and 30 minutes with one complete stranger is a bit gay. Especially when money was trading hands and you didn't so much as go inside or buy anything.

Now the fine may not be "fair" but it is the fine never the less and is displayed in the car park, not only on the entrance but on signs nearer to the building.

It's EXACTLY the same as doing 40 in a 30, but claiming you didn't see the 30mph sign... you'd still get 3 points.

Now I am glad you didn't have to pay up - and well done for sticking it out - but take it as a warning that you got off, rather than setting an example that you can do this sort of thing regularly (that is, meeting up to go dogging with people in exchange for car parts).

Funkycoldribena

7,379 posts

154 months

Wednesday 19th November 2014
quotequote all
xjay1337 said:
I don't think the case should have been thrown out.

YOU missed the sign (which is visible clearly, as I've been to Fleet services recently many times), YOU over stayed the free stay. Ergo, you got fined. The fault is not with the parking company but with you for your lack of observation.

In your earlier posts you state that you did not see any signs warning you (as in, implication that you missed them).

And yes, staying at a motorway services for 2 hours and 30 minutes with one complete stranger is a bit gay. Especially when money was trading hands and you didn't so much as go inside or buy anything.

Now the fine may not be "fair" but it is the fine never the less and is displayed in the car park, not only on the entrance but on signs nearer to the building.

It's EXACTLY the same as doing 40 in a 30, but claiming you didn't see the 30mph sign... you'd still get 3 points.

Now I am glad you didn't have to pay up - and well done for sticking it out - but take it as a warning that you got off, rather than setting an example that you can do this sort of thing regularly (that is, meeting up to go dogging with people in exchange for car parts).
Stroll on,you talk some crap.

wolves_wanderer

12,387 posts

237 months

Wednesday 19th November 2014
quotequote all
eatcustard said:
If you had listened to LoonR1 and Nigel Worc's you would be £60/£100 worse off.

The loonie left will never win smile
What the hell has anything they've said got to do with the "loonie left?"

Countdown

39,866 posts

196 months

Wednesday 19th November 2014
quotequote all
wolves_wanderer said:
What the hell has anything they've said got to do with the "loonie left?"
Everything is the fault of the "loonie left". QED. wink

wolves_wanderer

12,387 posts

237 months

Wednesday 19th November 2014
quotequote all
Countdown said:
wolves_wanderer said:
What the hell has anything they've said got to do with the "loonie left?"
Everything is the fault of the "loonie left". QED. wink
I think it is the sheer unthinking "sheepery" of it that annoys most.

andygo

6,803 posts

255 months

Wednesday 19th November 2014
quotequote all
http://parking-prankster.blogspot.co.uk/

Read this chaps blog. Funny and very practical advice.

EU_Foreigner

2,833 posts

226 months

Wednesday 19th November 2014
quotequote all
xjay1337 said:
I don't think the case should have been thrown out.

YOU missed the sign (which is visible clearly, as I've been to Fleet services recently many times), YOU over stayed the free stay. Ergo, you got fined. The fault is not with the parking company but with you for your lack of observation.

In your earlier posts you state that you did not see any signs warning you (as in, implication that you missed them).

And yes, staying at a motorway services for 2 hours and 30 minutes with one complete stranger is a bit gay. Especially when money was trading hands and you didn't so much as go inside or buy anything.

Now the fine may not be "fair" but it is the fine never the less and is displayed in the car park, not only on the entrance but on signs nearer to the building.

It's EXACTLY the same as doing 40 in a 30, but claiming you didn't see the 30mph sign... you'd still get 3 points.

Now I am glad you didn't have to pay up - and well done for sticking it out - but take it as a warning that you got off, rather than setting an example that you can do this sort of thing regularly (that is, meeting up to go dogging with people in exchange for car parts).
First of all, it is not a fine. It is a private company trying to invoice you a ridiculous amount for parking in a free car park. For some reason they think that £100 is a reasonable amount to try to charge - that is why it always gets thrown out if you follow the proper process of objection with POPLA. In my case, they submitted their loss charges (also in a free car park, but my "crime" was parking over the white line at the end space next to a wall).

They tried to justify that the envelope on the windscreen was £36. That was what POPLA threw it out on as it was a made up figure and not a real one.

These companies can not issue penalty level charges, and as long as they try that they will lose time and time again. But as there will always be people paying up, it remains worth their effort to try it on.

Neonblau

875 posts

133 months

Wednesday 19th November 2014
quotequote all
xjay1337 said:
I don't think the case should have been thrown out.

YOU missed the sign (which is visible clearly, as I've been to Fleet services recently many times), YOU over stayed the free stay. Ergo, you got fined. The fault is not with the parking company but with you for your lack of observation.

In your earlier posts you state that you did not see any signs warning you (as in, implication that you missed them).

And yes, staying at a motorway services for 2 hours and 30 minutes with one complete stranger is a bit gay. Especially when money was trading hands and you didn't so much as go inside or buy anything.

Now the fine may not be "fair" but it is the fine never the less and is displayed in the car park, not only on the entrance but on signs nearer to the building.

It's EXACTLY the same as doing 40 in a 30, but claiming you didn't see the 30mph sign... you'd still get 3 points.

Now I am glad you didn't have to pay up - and well done for sticking it out - but take it as a warning that you got off, rather than setting an example that you can do this sort of thing regularly (that is, meeting up to go dogging with people in exchange for car parts).
Where to start? So much ste in one post.

Countdown

39,866 posts

196 months

Wednesday 19th November 2014
quotequote all
EU_Foreigner said:
First of all, it is not a fine. It is a private company trying to invoice you a ridiculous amount for parking in a free car park.
To be fair it's not really a "free" car park. It costs the landowner money to operate it. They offset this cost from profits generated by paying customers or by charging people who stay longer than the permitted time.

My firm has (had) a private car park in manchester, clearly signposted that it was for staff/customers only. It was right next to a massive pay and display car park. You can guess where a minority of people chose to park - obviously it was fine because they were only there for 5 minutes/30/minutes/3 hours rolleyes

anonymous-user

54 months

Wednesday 19th November 2014
quotequote all
EU_Foreigner said:
First of all, it is not a fine. It is a private company trying to invoice you a ridiculous amount for parking in a free car park.
It is free for 2 hours then about £10ish for the next 24 hours according to the signage,
Why did the OP not (or others) pay the £10.

I'm sure at a barriered car park at an airport, Town cente NCP car park etc they would have paid the required fee for overstaying the free 15 minutes ?

anonymous-user

54 months

Wednesday 19th November 2014
quotequote all
xjay1337 said:
I don't think the case should have been thrown out.

YOU missed the sign (which is visible clearly, as I've been to Fleet services recently many times), YOU over stayed the free stay. Ergo, you got fined. The fault is not with the parking company but with you for your lack of observation.

In your earlier posts you state that you did not see any signs warning you (as in, implication that you missed them).

And yes, staying at a motorway services for 2 hours and 30 minutes with one complete stranger is a bit gay. Especially when money was trading hands and you didn't so much as go inside or buy anything.

Now the fine may not be "fair" but it is the fine never the less and is displayed in the car park, not only on the entrance but on signs nearer to the building.

It's EXACTLY the same as doing 40 in a 30, but claiming you didn't see the 30mph sign... you'd still get 3 points.

Now I am glad you didn't have to pay up - and well done for sticking it out - but take it as a warning that you got off, rather than setting an example that you can do this sort of thing regularly (that is, meeting up to go dogging with people in exchange for car parts).
He may have missed the sign but you missed the point. Completely.

No wonder these firms stay in business.

fatboy b

9,493 posts

216 months

Wednesday 19th November 2014
quotequote all
LoonR1 said:
Kitchski said:
Any thoughts?
Yes. First thought is pay up.
I bet you wouldn't