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Discussion Starter #1
About 3 years ago I got a service station parking ticket on the M4. Followed some advice on here and elsewhere and just ignored it and eventually it went away :thumbup:

Well I got another last week on the M5 for £100 for overstaying the 2 hour limit. Has the law been changed at all anyone know or is still ok to just file in the bin?
 

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Discussion Starter #5
The advice used to be that if you just ignore it, they can't prove it was actually me at fault and not being the police/government body they could not force that issue. They would have to take you to court to get the proof of who was actually driving. And without knowing who was actually driving they can't enforce the penalty. I've had a few in the past, from private parking companies which I just ignored on this basis. The fine steadily got higher with more threatening language (bailiffs etc), but in all cases they eventually stopped writing.

Just wondering if anything has changed since 2013 (my last fine). Not sure anything posted above changes that view, so I shall probably stick my head in the sand.....
 

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The rules have changed, in October 2013 I think.
Had one from Halfords recently (well it was their car park).
I would go and read pepipoo and the section on private parking companies.

In essence if they are part of some parking body (acronym forgotten) then you need to appeal on some grounds. The parking company will reject your appeal and give you a number. Number related to the 'parking body' I mentioned that I can't remember the name of :lol: If not a member then just ignore it.

They will hear your appeal properly and decide one way or the other. Most reasons given by the parking company are considered unreasonable. In my case I was told to wait until I received the invoice (it is not a fine). Basically when entering a private car park you enter into a contract. Contract has to be clearly displayed on a sign yada yada.
The parking attendant in my case could not read or write properly (I'm guessing the latter) because he cocked up the registration on my window sticker.

Advice then, read and register on pepipoo and wait for the invoice.
 

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Does the 15 day rule still apply (in terms of them sending you the demand through the post)?
 

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Does the 15 day rule still apply (in terms of them sending you the demand through the post)?
No. I think it has nearly doubled. The info is on Pepipoo. I recall 51 or 57 days.
 

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Its a bit different nowadays - if it ends up in court they will ask why you didn't take it to POPLA - since that body was setup to deal with it and keep cases out of the courts.

If you go to POPLA, the key fact here is that the invoice needs to be a pre-estimate of loss. The parking company will give you all kinds of crap (cost of erecting signs, etc), but it has to be an estimate of how much you have cost them by overstaying, not how much it costs to run the company (i.e. cost of the enforcement officer, cost of DVLA check, lost parking revenue are all valid).

If you want to contact the company, appeal and ask them for a formal itemised breakdown of their pre-estimate of loss. Also ask them of photographic evidence of the overstay (which should be photos of your car unmoved over 2 hours apart). If the ticket relates to two prices if you pay within x amount of time, ask for an additional itemisation of the additional loss they will incur simply because you don't pay within x amount of days. Also ask them for evidence of their right to issue parking charge notices on the land.

Chances are you won't hear from them. If you do, it will have a nonsense pre-estimate of loss itemisation (or none at all) at which point you can go to POPLA. I doubt they'd be able to defend a £100 PEOL in a free car park. If it goes that far, you can also ask for evidence of their authorisation to issue tickets on the land too, which 99% of the time they don't produce to POPLA.
 

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Discussion Starter #10
But who do they know who to take to court. If they have no name of the DRIVER they can't legally do anything.... the £60 pay early fine has passed so I'm into £100 territory.......!

I keeping my head in the sand....
 

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But who do they know who to take to court. If they have no name of the DRIVER they can't legally do anything.... the £60 pay early fine has passed so I'm into £100 territory.......!

I keeping my head in the sand....
They can ask the DVLA for the details of the keeper.
 

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Discussion Starter #12
Yes they have my details as the Keeper of the vehicle, but they don't know who was driving and can't prove it. Head still in sand.....gulp....
 

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I did the same really. There was an attendant whom recorded the incident and left an invoice on the car, pay now yada yada, pay later yada yada. However he did as I mentioned get a digit wrong on the registration. My idea was that if they actually manage to guess it (the number written did not exist on any car) then I would throw that at them.

I'm still waiting :lol: Be careful though you may end up having to appeal at some point. I'm sure part of the laws that changed meant they could get around this business of whom is responsible for the car.
 

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Tough choice really, I think £100 quid is extracting the urine, given you haven't responded til now, you could just continue to. In the past I got fined on a motorway services and I replied saying I was too tired to drive and I fell asleep, which I did as it was 2 in the morning, they cancelled the fine. I could have been lucky,
 

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Whatever happens, always appeal to popla as they get charged in the region of £25 for each appeal which is legally binding on them if you win, but not on you if you lose, so you can still ignore lol
 

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Discussion Starter #16
Just an update...

Still ignoring the letters, but nothing now received for a few weeks so looking good...

But now got another one from a DIY chain after parking in their car park for more than 2 hours. Ignoring that to...
 

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Discussion Starter #18
Well yes it does appear so.... problem is where I live in da countryside, I never have to pay for parking, no traffic wardens, and also spending a fair amount of time in rural Greece where the concept of paying for parking is just crazy, I struggle to remember / bother when I come to civilisation!
 

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How the hell can you spend more than 2 hours in a motorway service area, twice!!? Then, WTF, 2 hours in a DIY store!! Listen, you need help.
 
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