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Parking Charge Notice at Motorway Services - uk_geezer

Whilst driving from Berkshire to Cheshire recently, I felt unwell with a migraine, and pulled into the Welcome Break Warwick (North) services at 23:53. I took some paracetamol with a drink I had in the car, and rested. I did not leave the car, and departed at 05:30 (a stay of 5hrs36mins). My Wife (registered keeper) has received a Parking Charge Notice for £100 (reduced to £60 if paid within 28 days).

The Parking Charge Notice states "The signange, which is clearly displayed at the entrance to and throughout the car park, states blah blah blah....."

Whether or not that is the case I cannot say. What I can say is that at that time of night, in rain, and feeling unwell, I certainly didn't SEE any signage.

I made no attempt to purposely avoid paying for my stay. In fact, I rarely use motorways, and NEVER use services for other than the loo due to their extortionate prices, so I wasn't even aware that ANY services charged for parking.

In any event, what is the leagl position here? Do I have to pay this charge? Any and all advice would be very much appreciated.

Parking Charge Notice at Motorway Services - Bromptonaut

What was the date of the infringement?

Different considerations depending on whether before or after 01 October 2012.

Parking Charge Notice at Motorway Services - concrete

Bromptonaut is correct. If the 'offence' was before 1/10/12 then ignore the letter and any further correspondence. If after that date then I think the appeal procedure is the only route open to you. If you have a history of Migraine then your Doctor may help out with a letter confirming this and in his opinion it would have been unsafe to drive further. That should do the trick for an appeal. Perhaps DVD might have some further comments.

I have heard recently that someone had this problem. His wife, as registered keeper, said her husband was driving at the time of the 'offence'. He wrote in repsonse that he was not driving and did not know who was. He invited them to take the case to court. They declined. He thinks on the grounds that a spouse cannot be compelled to give evidence against their own spouse. So the case is in a very grey area. A risky strategy and not for the faint hearted. Maybe just anecdotal though. Cheers Concrete

Parking Charge Notice at Motorway Services - Armitage Shanks {p}

Chris Huhn MP is going this route in the courts (Who was driving - not sure) It is VERY iffy and the penalties for attempting to pervert the course of Justice are draconian.

Relevant Sentencing Case Law
General sentencing brackets summarised in Archbold at 28-28 as follows:
threatening or interfering with witnesses - 4 months to 24 months.
concealing evidence - 4 months to 18 months, possibly longer if serious crime.
false allegation of crime resulting in arrest of innocent person - 4 to 12 months Source(s): http://www.cps.gov.uk/legal/s_to_u/sente…

Parking Charge Notice at Motorway Services - Dwight Van Driver

Problem is that there is no exemption for illness. If proveable then this should be strong grounds for appeal but the system is not truly independant.

HMG have said that the charge should not be excessive and out of proportion in relation to the loss and admin in relation to the ticket. Under law of contract this would have to be argued at civil county court .

Now if the charge is not paid by the driver then the legislation places the onus to cough up on the Reg Keeper. No arguement like a 172 name and shame driver in speeding case. Was i6 me? was it her?

dvd

Parking Charge Notice at Motorway Services - RT

Ordinary people would have no trouble establishing that £50 was totally disproportionate to the loss of revenue and admin in issuing the PCN - £5 or £10 should cover it easily.

Why have no civil courts thought along similar lines ?

Parking Charge Notice at Motorway Services - Bromptonaut

Why have no civil courts thought along similar lines ?

They haven't had time yet; the legislation came into effect four weeks ago.

The appeals system is interesting. They've got somebody with proper experience in the London Parking Appeal (PATAS) service to act as Chief Adjudicator and appear to have an arrangement with the same tribunal to share administration.

PATAS and The Traffic Penalty Tribunal in rest of England and Wales have a good tale to tell regarding their independence from the Councils and Dept for Transport. They have been pioneers of technology such as paperless hearings and use of telephone or video to simplify matters for appellants and keep cost down.

Parking Charge Notice at Motorway Services - uk_geezer

The "incident" occurred on September 25th 2012.

Why is there a difference before or after 01/10/2012?

Parking Charge Notice at Motorway Services - Armitage Shanks {p}

You might need to get out more or read the papers! LOL

http://www.honestjohn.co.uk/forum/post/index.htm?t=97154

Parking Charge Notice at Motorway Services - concrete

The "incident" occurred on September 25th 2012.

Why is there a difference before or after 01/10/2012?

you lucky b@. You have a get out of jail card. Before the first of October these parking charge notices are virtually unenforceable, so just totally ignore it and any other letters, except from the court. But you have more chance of a ride on flipper then getting taken to court, so relax. After that date they have the power to pursue the registered keeper, whether driving or not, if the driver does not own up or pay. Buy a lottery ticket, now!! Cheers concrete
Parking Charge Notice at Motorway Services - Bromptonaut

The "incident" occurred on September 25th 2012.

Why is there a difference before or after 01/10/2012?

On that basis I'd suggest ignoring notice and all subsequent threats.

After 1 October the registerd keeper is theoretically liable. Not yet clear how this will work in practicebut the landowner has a clear target rather than a 'driver' he cannot identify.