Fine for parking at motorway services

[grumpyscot]

Red Devil said:

D'oh! What you (and possibly everyone else) has failed to take into account is that Bothwell is in Scotland.
OP's profile says Glasgow. PoFA 2012 only applies to E&W. No RK liability north of the border.
CP Plus can only pursue the driver. They don't know and the OP doesn't have to tell them.

Exactly the point I was going to make. People on this forum seem to think English law applies throughout the UK.

Thankfully, it doesn't!

[mehball]

Thankfully! Otherwise everyone in England would be nicked for Breach of peace every 10 seconds!

[bad company]

Black_S3 said:

Hate to sound like the boring scare monger but for the sake of £50 I'd just pay it. I imagine the company that has the contract for this service station also has the contract for others. While there may be fk all they can do to collect this £50 from you they may well have a policy along the lines of on the spot towing of cars with outstanding debts to them from any of the service stations they manage. If the worst was to happen you can guarantee it wouldn't be at a convenient time.

No. Private firms can't just clamp or tow any more -

http://www.kingsleynapley.co.uk/news-and-events/bl...

[mehball]

bad company said:

No. Private firms can't just clamp or tow any more -

http://www.kingsleynapley.co.uk/news-and-events/bl...

Correct but debt collection companies and high court sheriffs can to recoup monies owed.

[bad company]

mehball said:

bad company said:

No. Private firms can't just clamp or tow any more -

http://www.kingsleynapley.co.uk/news-and-events/bl...

Correct but debt collection companies and high court sheriffs can to recoup monies owed.

Which means that they would need to go to Court first which is probably unlikely.

If it were me I would send a cheque for £10 to cover the loss - In Full and Final Settlement.

[Targarama]

Can't you write to them and tell them that you broke down?

[SnailTrail]

mehball said:

Granted the entrance is small but come on. How on earth can you miss that!

It's all very good looking at it in Google (or equivalent) maps from a camera mounted about 10ft in the air not even following the route that I would've driven, but look at it from a driver's perspective in an unfamiliar place.

The day the charge has been issued for was only the 2nd time I had ever been to this place so I wasn't quite sure where I was going, so as I come round the corner I'm looking for where to go. I spot the big blue sign and the markings on the road. Great I've to go left.

"Oh wait, there's a stupidly tight entrance on a left hand bend". My attention is now diverted to negotiating that. Even at this point, the contract sign is now obscured by the speed limit and width limit signs. Coming up to the entrance, I'm slowing right down and trying to judge my distance from the sides, not looking up and to the right as I would need to be doing to see the sign.

Once I'm through the entrance I'm no longer trying to judge a silly gap so I'm looking ahead again, but now I'm almost adjacent to the sign so I don't take notice of it.

This is how I missed it.

But I'm sure this won't satisfy anybody because it's easy to see that I should definitely have noticed it, using Google maps as evidence of this, and that I am blind and a horrific driver for not seeing it.

Edited by SnailTrail on Tuesday 25th November 10:34

[hornetrider]

Black_S3 said:

Hate to sound like the boring scare monger but for the sake of £50 I'd just pay it. I imagine the company that has the contract for this service station also has the contract for others. While there may be fk all they can do to collect this £50 from you they may well have a policy along the lines of on the spot towing of cars with outstanding debts to them from any of the service stations they manage. If the worst was to happen you can guarantee it wouldn't be at a convenient time.

mehball said:

bad company said:

No. Private firms can't just clamp or tow any more -

http://www.kingsleynapley.co.uk/news-and-events/bl...

Correct but debt collection companies and high court sheriffs can to recoup monies owed.

[Lost soul]

As I mentioned earlier , they will pursue you for payment as they did with me when I was not liable

[bad company]

Lost soul said:

As I mentioned earlier , they will pursue you for payment as they did with me when I was not liable

So what are they going to do exactly? Sounds like 'I'll Huff And Puff And I'll Blow Your House Down'.

[mehball]

SnailTrail said:

It's all very good looking at it in Google (or equivalent) maps from a camera mounted about 10ft in the air not even following the route that I would've driven, but look at it from a driver's perspective in an unfamiliar place.

The day the charge has been issued for was only the 2nd time I had ever been to this place so quite sure where I was going, so as I come round the corner I'm looking for where to go. I spot the big blue sign and the markings on the road. Great I've to go left.

"Oh wait, there's a stupidly tight entrance on a left hand bend". My attention is now diverted to negotiating that. Even at this point, the contract sign is now obscured by the speed limit and width limit signs. Coming up to the entrance, I'm slowing right down and trying to judge my distance from the sides, not looking up and to the right as I would need to be doing to see the sign.

Once I'm through the entrance I'm no longer trying to judge a silly gap so I'm looking ahead again, but now I'm almost adjacent to the sign so I don't take notice of it.

This is how I missed it.

But I'm sure this won't satisfy anybody because it's easy to see that I should definitely have noticed it, using Google maps as evidence of this, and that I am blind and a horrific driver for not seeing it.

Well even once you pass this 'obscured sign' there is another one as you enter the main car park which is not obscured and does not have a tight bend next to it.



And another as you walk into the services....



So yes, I think a trip to specsavers is in order

Edited by mehball on Tuesday 25th November 10:39

[SnailTrail]

mehball said:

Well even once you pass this 'obscured sign' there is another one as you enter the main car park which is not obscured and does not have a tight bent next to it.



And another as you walk into the services....



So yes, I think a trip to specsavers is in order

Maybe I need to use someone else other than specsavers because they're the cause of all this. But I have excuses for these two as well

The one as you come into the carpark: I was looking for my friends car, so I didn't see it. The one at the entrance to the building: I never went in to the building so I didn't see it.

Anyway who cares? if they want it they can take me to a small claims court and if they win (by some miracle) I will then pay the fee, at which point the matter will be forgotten about as you can't issue CCJs in Scotland, and so long as I pay the fee once ordered to in court it won't go against my credit rating. Although it is important to note they have only taken a very small number of cases like this to court and never won, in fact I think they dropped all of them before the actual hearing. Job Jobbed. Now we wait.

[Lost soul]

bad company said:

Lost soul said:

As I mentioned earlier , they will pursue you for payment as they did with me when I was not liable

So what are they going to do exactly? Sounds like 'I'll Huff And Puff And I'll Blow Your House Down'.

Well in my case (see page 1) I had sold a car and the buyer parked overnight in a moto chef car park , they accepted I was not liable back in June and have now passed it to a debt collection agency , who have again said oh its a mistake when questioned , truth is I don't know what happens next but it would not surprise me if it reared its head again in a month or two

[bad company]

Lost soul said:

bad company said:

Lost soul said:

As I mentioned earlier , they will pursue you for payment as they did with me when I was not liable

So what are they going to do exactly? Sounds like 'I'll Huff And Puff And I'll Blow Your House Down'.

Well in my case (see page 1) I had sold a car and the buyer parked overnight in a moto chef car park , they accepted I was not liable back in June and have now passed it to a debt collection agency , who have again said oh its a mistake when questioned , truth is I don't know what happens next but it would not surprise me if it reared its head again in a month or two

Yes I have read your original post. It sounds like a mix up between the parking co and the debt collectors which is their problem not yours. If it rears its head again I would do nothing and ask them to take it to Court.

In any event that is surely no justification for the op to be advised to pay the 'fine'.

[Lost soul]

bad company said:

Lost soul said:

bad company said:

Lost soul said:

As I mentioned earlier , they will pursue you for payment as they did with me when I was not liable

So what are they going to do exactly? Sounds like 'I'll Huff And Puff And I'll Blow Your House Down'.

Well in my case (see page 1) I had sold a car and the buyer parked overnight in a moto chef car park , they accepted I was not liable back in June and have now passed it to a debt collection agency , who have again said oh its a mistake when questioned , truth is I don't know what happens next but it would not surprise me if it reared its head again in a month or two

Yes I have read your original post. It sounds like a mix up between the parking co and the debt collectors which is their problem not yours. If it rears its head again I would do nothing and ask them to take it to Court.

In any event that is surely no justification for the op to be advised to pay the 'fine'.

Well he did do the crime after all

[megapixels83]

Shame clamping was stopped in my opinion. If you cannot read a sign and park in accordance with the landowners rules then tough luck. I fail to see an arguement. I am sure people would not like Joe Bloggs parking on their driveway because Joe Bloggs thought it was more convenient for them.

[mehball]

Red Devil said:

me I didn't know that Richard Turpin operated in Scotland. Or are you suggesting the Border Reivers are still alive and well?

You're spouting rubbish about debt collection companies. They have no such powers. Only a duly certificated enforcement agent.
See the Tribunals, Courts and Enforcement Act 2007 Sections 63 & 64 - http://www.legislation.gov.uk/ukpga/2007/15/conten...
There is a clue in the name. The agent can only act once a court has adjudged that the debt is due to the creditor. Otherwise it would be mayhem.
We're a long way from any court judgement in the OP's case which, as I have already pointed out, will be dealt with in Scotland.

I have no idea what a High Court Sheriff is either. We don't have Sheriffs (other than High Sheriffs of Counties which are purely ceremonial) in E&W. You appear to be thinking of HCEOs. The Scottish equivalent is a Sheriff's Officer. Sheriffs preside over courts: they don't run around enforcing their Orders.

Btw, there is only one Scottish High Court: The High Court of Justiciary which deals with criminal cases. Civil matters are the province of the Court of Session. It is highly unlikely that any action by a PPC will be heard there.

English people (and that includes some solicitors!) seem to have no clue how different Scotland is. Just about all of the terminology and certain key elements of the procedure too - http://www.debtscotland.com/useful%20information.p...

No we don't have a clue how different Scotland is and none of us really care. The vast majority of posts on the page refer to England and the vast majority of posters are English.

[Red Devil]

Lost soul said:

bad company said:

Lost soul said:

As I mentioned earlier , they will pursue you for payment as they did with me when I was not liable

So what are they going to do exactly? Sounds like 'I'll Huff And Puff And I'll Blow Your House Down'.

Well in my case (see page 1) I had sold a car and the buyer parked overnight in a moto chef car park , they accepted I was not liable back in June and have now passed it to a debt collection agency , who have again said oh its a mistake when questioned , truth is I don't know what happens next but it would not surprise me if it reared its head again in a month or two

Oh FFS! So what? You've left out a crucial fact from your earlier post.

Lost soul said:

I know all about CP-Plus , sold a car back in May to a guy who lives in Jersey then received a ticket demand from them he had parked over night in moto chef near Portsmouth, gave them all the info of the new owner and got an email saying they accepted this and no further action would be taken

Last time I looked at the map Portsmouth is on the south coast of England. When did it magically migrate to Scotland?

I give up...

Edited by Red Devil on Tuesday 25th November 14:00

[SnailTrail]

megapixels83 said:

Shame clamping was stopped in my opinion. If you cannot read a sign and park in accordance with the landowners rules then tough luck. I fail to see an arguement. I am sure people would not like Joe Bloggs parking on their driveway because Joe Bloggs thought it was more convenient for them.

Oh please. I didn't abandon my car in the middle of a busy street or park on someone's driveway, I parked my car in the corner of a quiet car park at a motorway service station which I (foolishly, I will admit) didn't realise had a maximum stay limit. But does that really deserve my car to be clamped/towed? I will have caused minimal disruption to anybody, if even any at all.

Having said that, why should I pay people who have no legal standing to actually demand money from me in the first place? Maybe it's the "right thing to do", but in all honestly if I can avoid paying £50 where I don't have to (esepcially at this time of year) then I'll gladly take that option. £50 isn't exactly small change to me, unfortunately. It's not as if I've commited a serious criminal offence or anything here, killed someone or something.

[Lost soul]

Red Devil said:

Lost soul said:

bad company said:

Lost soul said:

As I mentioned earlier , they will pursue you for payment as they did with me when I was not liable

So what are they going to do exactly? Sounds like 'I'll Huff And Puff And I'll Blow Your House Down'.

Well in my case (see page 1) I had sold a car and the buyer parked overnight in a moto chef car park , they accepted I was not liable back in June and have now passed it to a debt collection agency , who have again said oh its a mistake when questioned , truth is I don't know what happens next but it would not surprise me if it reared its head again in a month or two

Oh FFS! So what? You've left out a crucial fact from your earlier post.

Lost soul said:

I know all about CP-Plus , sold a car back in May to a guy who lives in Jersey then received a ticket demand from them he had parked over night in moto chef near Portsmouth, gave them all the info of the new owner and got an email saying they accepted this and no further action would be taken

Last time I looked at the map Portsmouth is on the south coast of England. When did it magically migrate to Scotland?

I give up...

Edited by Red Devil on Tuesday 25th November 14:00

Calm down luv , he may well be in Scotland but if the landowners employ CP+ to police their land , fine my all means ignore the fine get a CCJ or what ever , its his credit rating not mine