These are not Fines, they are merely invoices. you could pay them if you want, or you could choose not to.
The ‘Unfair Contract Terms Act’ says it’s illegal for a private company to issue a fine or impose a penalty. Only the Police, Courts and Councils can do this.
IF the private parking company was to take you to court, the most they could claim is their actual losses. Which would be a couple of quid for a parking ticket.
The PPC will claim that by you parking there, you agreed to a contract with them, therefore you agree to the ‘Fine’. Hundreds of years of contract law say for a contract to be valid it must contain all the elements, mainly Offer of contract, consideration and acceptance.
Best bet, do not pay. If your gaffer chooses to pay it, then just stick to your guns and say ‘you havn’t paid a fine, you’ve paid an unsolicited speculative invoice. I am not going to pay an invoice for something I havn’t agreed to’.
The PPC’s whole business model relies on sending threatening letters warning of court action, bailiffs, bad credit rating etc, to scare people into paying £80 a shot. If half of them people pay up after a couple of leagl looking letters, then that’s a hell of a profit they’re making.
Reality is they won’t take you to court because they know they’ll lose. Infact the MD of Euro Car Parks has said publically that ‘They don’t do court’.
These are not Fines, they are merely invoices. you could pay them if you want, or you could choose not to.
The ‘Unfair Contract Terms Act’ says it’s illegal for a private company to issue a fine or impose a penalty. Only the Police, Courts and Councils can do this.
IF the private parking company was to take you to court, the most they could claim is their actual losses. Which would be a couple of quid for a parking ticket.
The PPC will claim that by you parking there, you agreed to a contract with them, therefore you agree to the ‘Fine’. Hundreds of years of contract law say for a contract to be valid it must contain all the elements, mainly Offer of contract, consideration and acceptance.
Best bet, do not pay. If your gaffer chooses to pay it, then just stick to your guns and say ‘you havn’t paid a fine, you’ve paid an unsolicited speculative invoice. I am not going to pay an invoice for something I havn’t agreed to’.
The PPC’s whole business model relies on sending threatening letters warning of court action, bailiffs, bad credit rating etc, to scare people into paying £80 a shot. If half of them people pay up after a couple of leagl looking letters, then that’s a hell of a profit they’re making.
Reality is they won’t take you to court because they know they’ll lose. Infact the MD of Euro Car Parks has said publically that ‘They don’t do court’.
bubsy06:
Who spends over 2 hours in a services
Fueling up takes 10 mins, a 15 takes 15, a 30 takes 30 and a 45 takes 45,
Pull in for a break, fall asleep, wake up over 2 hours later.
I suppose if you were overcome by the urine or exhaust fumes from a V3456404040 Scamia then you will have no choice in the matter, but willingly falling asleep in a services is mental.
bubsy06:
Who spends over 2 hours in a services
Fueling up takes 10 mins, a 15 takes 15, a 30 takes 30 and a 45 takes 45,
Pull in for a break, fall asleep, wake up over 2 hours later.
I suppose if you were overcome by the urine or exhaust fumes from a V3456404040 Scamia then you will have no choice in the matter, but willingly falling asleep in a services is mental.
In my sons case he was in the car parking area rather than the truck park so the urine problem wasn’t an issue as the normal folks who park there have less desire to mark their territory by spraying the area around their vehicle with ■■■■.
I got pulled in by Appletons transport manager about a ‘fine’ issued by stafford services, I told him, just think of all the times you havent had to reimbuse me for parking because I chose a layby.
That didnt impress him, I told him I was skint and couldnt pay any parking charges, to which he said well you shouldnt be tramping , Im on days says I, your planners need more training on time and distance.then I wouldnt be stranded an hour from home.
Anyhow he said he will be sending the bill to my agency. ah well
Can someone clarify if a MSA is public area or a private area,as there should be a sign prior to coming off the motorway to say it is private.Is it part of the highway or not?
toby1234abc:
Can someone clarify if a MSA is public area or a private area,as there should be a sign prior to coming off the motorway to say it is private.Is it part of the highway or not?
both. they are essentially private property that the public have free access to with the landowners permission. just make sure when you park up that there arent signs saying they will clamp you.
toby1234abc:
Can someone clarify if a MSA is public area or a private area,as there should be a sign prior to coming off the motorway to say it is private.Is it part of the highway or not?
both. they are essentially private property that the public have free access to with the landowners permission. just make sure when you park up that there arent signs saying they will clamp you.
buy an inverter and a small angle grinder, job done
Trukkertone:
buy an inverter and a small angle grinder, job done
just take the evidence away with you, alternativley aslong as you can remove it without damage thepolice cannot get involved as it is classed as a civil dispute
If you put a sign in your window saying that any item attached to the vehicle would immediately become the property of the driver and by attaching any item to the vehicle you were consenting to transfer ownership of said item. would that legally make the clamp yours to do what you wanted too with?
loopyjuice:
just take the evidence away with you, alternativley aslong as you can remove it without damage thepolice cannot get involved as it is classed as a civil dispute
I work on the theory that if someone wants to chain something to my truck, it becomes my property
Don’t the RHA conditions of transport state that whilst a load is on the truck, it becomes the property of the haulier until delivered
i was fined twice,once by hilton park and once by south mims,trouble was i paid both times
first time my company informed me,second time they just whipped a score from my wages…hairdrier time
rotflmao, i have had 3 this year alone from moto and all i do is bin em.
they cannot do ef all about it. and if anyone pays them , then they are thick [zb]s.
10-08:
If you put a sign in your window saying that any item attached to the vehicle would immediately become the property of the driver and by attaching any item to the vehicle you were consenting to transfer ownership of said item. would that legally make the clamp yours to do what you wanted too with?
No, for the same reasons a private parking ticket does not constitute a proper contract.
ady1:
if you go over the 2 hr rule they now have at services is £80 the normal rate,reduced to £50 on early payment,doncaster services.is it normal for firms to pay parking fine then deduct it from wages[not expecting them to pay it,just thought the ticket would be given to driver and his decision whether to pay it[and no its not me,i wouldnt waste 2+ hrs watching rugby,football maybe]. ta
There’s probably something in your mates contract stating that he will agree to repay any penalties the company incur through his fault, If it’s the same company you work for it doesn’t surprise me that Stobarts wouldn’t risk an unpaid fine for illegal parking by passing the notice onto the driver, it all boils down to good PR, something that Stobarts seem to excel at
tachograph:
There’s probably something in your mates contract stating that he will agree to repay any penalties the company incur through his fault
There probably is but surely the company would have a responsibility to inform the driver before any deduction is made due to the fact that a legal ticket can be appealed and this one ignored outright.
tachograph:
There’s probably something in your mates contract stating that he will agree to repay any penalties the company incur through his fault
There probably is but surely the company would have a responsibility to inform the driver before any deduction is made due to the fact that a legal ticket can be appealed and this one ignored outright.
I agree but do we know that the driver wasn’t consulted before the fine was paid, he should have been given the opportunity to explain his position.
, Im on days says I, your planners need more training on time and distance.then I wouldnt be stranded an hour from home.
