Tired, sleep 2hrs+ at CLOSED services = £50 fine
Tired, sleep 2hrs+ at CLOSED services = £50 fine
Author
Discussion

julianm

Original Poster:

1,732 posts

230 months

Monday 11th October 2010
quotequote all
Any ideas to help my son, who following dad`s advice not to drive when exhausted, takes a sleep at a motorway `services` when they are closed overnight, and now receives a £50 fine.
Apparently notices declare 2hrs max. He missed seeing them.
If you`ve got out of this situation would love to know how.
Matters complicated by it being a hire car - they also want £35 for `administration` - he hired the car as he & mates couldn`t afford the train fares.....


ManOpener

12,467 posts

198 months

Monday 11th October 2010
quotequote all
Send the company a cheque for £10 stating it as "fair compensation for breach of contract" and challenge the comany to take you/him to court if they want the rest.

They'll back down as they can't justify a £50 charge.

GreigM

6,740 posts

278 months

Monday 11th October 2010
quotequote all
Interesting one this. I'd imagine the fine is from a parking enforcement company and not council/police and is a typical "supermarket car park" type enforcement. In which case the normal advice is to file it in the bin as their contract (if enforceable at all) is with the driver of the car - and they have no way of proving to a court who this was, and the registered keeper is in no way obliged to provide the information.

However, as this is a hire car, he would have signed a contract with them agreeing to the payment of any fines and the subsequent admin fee. I reckon he's screwed as the hire car company will just pay it and not fight and then pass on the charge, which he is contractually bound for. You could argue it out in court and possibly win, but it would cost a lot more than £85 to do so.

dave4959

173 posts

221 months

Monday 11th October 2010
quotequote all
IGNORE

google/search pistonheads "private car park fine"

Robatr0n

12,362 posts

245 months

Monday 11th October 2010
quotequote all
I'd have a look on here if I were you.

dave4959

173 posts

221 months

Monday 11th October 2010
quotequote all
dave4959 said:
IGNORE

google/search pistonheads "private car park fine"
tough one actually with it being a hire car.

Will the hire company not put him down as the driver, then when the company chases him he can just ignore their letters till they go away

zollburgers

1,285 posts

212 months

Monday 11th October 2010
quotequote all
OP, am I right in thinking it is the hire company asking you for this money and it is not coming from the company that manages the services car park directly?

If so, someone above has already replied and it did include the word "screwed" I'm afraid frown

WhoseGeneration

4,090 posts

236 months

Monday 11th October 2010
quotequote all
Oh, embarassemnt of services area owners might be an approach.
Contact the media, son following official advice not to drive when tired, funny that services area owners, a supposed haven for rest, penalises those following that advice.
What's a responsible person to do?
Also worth contacting your MP.

white90

2,386 posts

213 months

Monday 11th October 2010
quotequote all
The signs in the services along the M4 are pretty clear
there is the option to pay for more than 2hrs.
pretty crappy being fined though frown

Chucklehead

2,853 posts

237 months

Monday 11th October 2010
quotequote all
What hire company?

fluffnik

20,156 posts

256 months

Monday 11th October 2010
quotequote all
An Idea:

Rip into the hire company for breaching your confidentiality, threaten them with a data protection complaint, tell them that they had no authority to "administer" on your behalf something that should have gone straight in the bin and just generally go on the attack.

Worth a go?

Kinky

39,941 posts

298 months

Monday 11th October 2010
quotequote all
WhoseGeneration said:
Oh, embarassemnt of services area owners might be an approach.
Contact the media, son following official advice not to drive when tired, funny that services area owners, a supposed haven for rest, penalises those following that advice.
What's a responsible person to do?
That's exactly the interesting angle I would take yes

peterbredde

775 posts

229 months

Monday 11th October 2010
quotequote all
Tell them to eat st - you aint paying no stinking fine for that crap, and good luck making it stick in court. They wouldnt dare.

fluffnik

20,156 posts

256 months

Monday 11th October 2010
quotequote all
GreigM said:
However, as this is a hire car, he would have signed a contract with them agreeing to the payment of any fines and the subsequent admin fee.
But it's not a fine, it's a speculative invoice...

GreigM

6,740 posts

278 months

Monday 11th October 2010
quotequote all
fluffnik said:
GreigM said:
However, as this is a hire car, he would have signed a contract with them agreeing to the payment of any fines and the subsequent admin fee.
But it's not a fine, it's a speculative invoice...
Indeed, but you'd have to see the hire car company in court to have that argument...

smifffymoto

5,186 posts

234 months

Monday 11th October 2010
quotequote all
If they were closed,how did your son gain entry?.Vault over a barrier?
If they closed while your son was parked ,why didn't they move him on?
My guess is they are not permitted to close the parking area as it is stipulated in their operating license(on safety grounds) as a service provider on a motorway.

dugt

1,657 posts

236 months

Monday 11th October 2010
quotequote all
At all the services ive stopped at there has been a pay and display machine for if your staying a while.

For the sake of £85, why dont you just pay it?

Not paying will make it a pain hiring a car from the same company again.

thebullettrain

1,069 posts

268 months

Monday 11th October 2010
quotequote all
Surely someone paid by card? I'd suspect the hire company would deduct from there. You can still fight it and then seek a refund.

dave4959

173 posts

221 months

Monday 11th October 2010
quotequote all
whats to say that the Hire company know the law.

They refuse to pay the charge by refusing to idintify the driver to the car parking firm.

Then they pass it on to the customer with an admin charge.

frosted

3,549 posts

206 months

Monday 11th October 2010
quotequote all
Pay it and forget about it, unless you have loads of free time on your hands of course