nick2008:
I think all this parking lot charges saying the driver didn’t agree to the terms to be honest … the point being if you don’t agree to their terms you have an option ,LEAVE,
just saying
Maybe it needs to be equated with theft ?
Just because you don’t agree with paying 20p for a can of Asda’s finest beans doesn’t mean you can walk out without paying, What’s the difference, Ignorance ?
The parking is free for 2 hours, above that pay, If the operators had their own way they may like to charge you for parking and the toilets, similiar to certain continental countries, Belgium charge for toiletsin many locations from what i can gather, Austria agreed last year to allow charging, Some of the Trunk road service areas in Yorkshire which i hear charge for toilets so according to Gov rules they should lose their “services” signing.
MSA’s like to be known as “Hospitality businesses” similiar to Airports and Railway stations,
Many mainline stations have a toilet charge to cover costs.
Maybe visiting any MSA will be like visiting any railway station.
nick2008:
I think all this parking lot charges saying the driver didn’t agree to the terms to be honest … the point being if you don’t agree to their terms you have an option ,LEAVE,
just saying
That would be hard to do considering I was out of driving hours
theshed:
The parking is one thing the fact that you continued your journey when you was out of hours is another the fact you was in a different vehicle makes no difference if it goes to court you will be admitting the offence which is far more serious than the parking one
How do you work that out?? As I stated I was out of driving hours not duty hours and the fitter drove me back in the van.
speedyguy:
Maybe it needs to be equated with theft ?
Just because you don’t agree with paying 20p for a can of Asda’s finest beans doesn’t mean you can walk out without paying, What’s the difference, Ignorance ?
Could be considered as theft I suppose.
For the anology to work(or probably not) you would have to be able to eat 2 beans for free but if you ate any more (including just a nibble at another bean) you would have to pay for not only the whole can but also a penalty 3 times the amount of the full cost.
Or knowing that someone else could come along and eat 2 beans for free you would put the can back and pay for the extra bean or bit of bean eaten.
Or you could leave the store and walk back in and have another 2 free beans.
But if you knew you needed a full can pay in full there and then.
Other supermarkets are available with beans and stuff.
Parking firms make a living out of those to gullable too know any better, before the protection of freedoms act it was simpler, now its just neccesary to be a bit more creative to avoid paying ridiculous private parking penalties.
nick2008:
I think all this parking lot charges saying the driver didn’t agree to the terms to be honest … the point being if you don’t agree to their terms you have an option ,LEAVE,
just saying
Maybe it needs to be equated with theft ?
Just because you don’t agree with paying 20p for a can of Asda’s finest beans doesn’t mean you can walk out without paying, What’s the difference, Ignorance ?
The parking is free for 2 hours, above that pay, If the operators had their own way they may like to charge you for parking and the toilets, similiar to certain continental countries, Belgium charge for toiletsin many locations from what i can gather, Austria agreed last year to allow charging, Some of the Trunk road service areas in Yorkshire which i hear charge for toilets so according to Gov rules they should lose their “services” signing.
MSA’s like to be known as “Hospitality businesses” similiar to Airports and Railway stations,
Many mainline stations have a toilet charge to cover costs.
Maybe visiting any MSA will be like visiting any railway station.
I didn’t spend 11 hours daily rest there, I was waiting for another driver to collect the truck and the fitter drive me back and due to unforeseen circumstances I was 10 mins over the 2 hour free time. I would hardly consider that theft but you it seems would. I would consider the fact they charge between £18-£28 to park up theft though or if you want daylight robbery.
speedyguy:
Maybe it needs to be equated with theft ?
In what way has the owner been permanently deprived of his property?
The legal situation is exactly as it would be if I came home and found that you had parked your car on my drive. It would be rude of you, but I couldn’t fine you for it.
theshed:
The parking is one thing the fact that you continued your journey when you was out of hours is another the fact you was in a different vehicle makes no difference if it goes to court you will be admitting the offence which is far more serious than the parking one
How do you work that out?? As I stated I was out of driving hours not duty hours and the fitter drove me back in the van.
I stand corrected I thought you was out of hours compleatly my apologies
SteveBarnsleytrucker:
I didn’t spend 11 hours daily rest there, I was waiting for another driver to collect the truck and the fitter drive me back and due to unforeseen circumstances I was 10 mins over the 2 hour free time. I would hardly consider that theft but you it seems would. I would consider the fact they charge between £18-£28 to park up theft though or if you want daylight robbery.
I’m not making the case on your specific point you could negotiate with “the business” if necessary if they charge you.
Would you consider one haulier who charges more than another a daylight robber or would you go elsewhere,
There’s plenty of people on here who use one truckstop over another due to price or facilities, what most people seem to struggle with is that they are private businesses like haulage firms, shops, pubs etc and can charge what they want apart from the 2 free hours mandated by gov policy
trubster:
If they are going to pay it and charge you, tell them that is illegal. Get them to name you as the driver so you can appeal it yourself.
You are guaranteed to win with a properly worded appeal at POPLA (Independent appeals service) - See pepipoo forums
If you can’t be bothered to do the legwork, someone else will for £16, if they lose, they pay your ticket.
I will post link if you need it
Law has changed. They are entitled to go after the registered keeper if no driver comes forward. It was a concession given to them when clamping was made illegal.
Conor:
Law has changed. They are entitled to go after the registered keeper if no driver comes forward. It was a concession given to them when clamping was made illegal.
I’m the registered keeper of my truck, I’ve lost count of the number of these things I’ve had and I’ve never paid one yet. They are legally unenforceable.
SteveBarnsleytrucker:
I didn’t spend 11 hours daily rest there, I was waiting for another driver to collect the truck and the fitter drive me back and due to unforeseen circumstances I was 10 mins over the 2 hour free time. I would hardly consider that theft but you it seems would. I would consider the fact they charge between £18-£28 to park up theft though or if you want daylight robbery.
I’m not making the case on your specific point you could negotiate with “the business” if necessary if they charge you.
Would you consider one haulier who charges more than another a daylight robber or would you go elsewhere,
There’s plenty of people on here who use one truckstop over another due to price or facilities, what most people seem to struggle with is that they are private businesses like haulage firms, shops, pubs etc and can charge what they want apart from the 2 free hours mandated by gov policy
Have you not read the scenario?
Quite a few replies so far seem to have missed the point from the OP. At no point was he intending to go over 2 hours free parking. He stopped where he did in order to be met sooner and keep within his driving time. posts like the one above seem to miss the point.
SteveBarnsleytrucker:
I didn’t spend 11 hours daily rest there, I was waiting for another driver to collect the truck and the fitter drive me back and due to unforeseen circumstances I was 10 mins over the 2 hour free time. I would hardly consider that theft but you it seems would. I would consider the fact they charge between £18-£28 to park up theft though or if you want daylight robbery.
I’m not making the case on your specific point you could negotiate with “the business” if necessary if they charge you.
Would you consider one haulier who charges more than another a daylight robber or would you go elsewhere,
There’s plenty of people on here who use one truckstop over another due to price or facilities, what most people seem to struggle with is that they are private businesses like haulage firms, shops, pubs etc and can charge what they want apart from the 2 free hours mandated by gov policy
Have you not read the scenario?
Quite a few replies so far seem to have missed the point from the OP. At no point was he intending to go over 2 hours free parking. He stopped where he did in order to be met sooner and keep within his driving time. posts like the one above seem to miss the point.
Whether he intended to go over or not is not “the point” he went over, I don’t think he will see anything for something like that, you can bet you would if it was a car in a council owned car park though.
As for Harry he can run his business how he see’s fit, If he wants to undercut other hauliers who charge “daylight robbery rates” as Steve puts it by paying a legitimate business cost i’e parking that’s up to him.
Others cut costs by running on red, lack of maintenance etc all valid business costs to be cut in “the race to the bottom” which haulage seems to be a master of ■■
I can only assume maybe wrongly that Harry would be liked to be paid by his customers for the service he provides to make a profit but doesn’t like to pay someone else as a customer for the use of theirs ?
I honestly can’t get my head around the fact that, if you choose to park in excess of the free 2 hours then surely that is deemed as agreeing to their displayed terms and conditions and as such you are liable to the charges outlined.
Always assuming the signing etc. is in order and clear.
In such cases surely it wouldn’t be a ‘speculative invoice’ but a genuine bill for services supplied.
I am really surprised that these MSA operators haven’t gone to court on a test case.
del949:
I honestly can’t get my head around the fact that, if you choose to park in excess of the free 2 hours then surely that is deemed as agreeing to their displayed terms and conditions and as such you are liable to the charges outlined.
Always assuming the signing etc. is in order and clear.
In such cases surely it wouldn’t be a ‘speculative invoice’ but a genuine bill for services supplied.
I am really surprised that these MSA operators haven’t gone to court on a test case.
I didn’t “choose” to or want to stay over the 2 hours. Due to unforeseen circumstances I.e problems with the van and an accident a journey that should take about an hour maybe 1 hour 15 at morning rush hour from barnsley took them 2 hour to meet me.
If I would’ve known of the said problems and delays I would’ve bought a parking ticket for 20 odd quid and claimed it back.
del949:
I honestly can’t get my head around the fact that, if you choose to park in excess of the free 2 hours then surely that is deemed as agreeing to their displayed terms and conditions and as such you are liable to the charges outlined.
Always assuming the signing etc. is in order and clear.
In such cases surely it wouldn’t be a ‘speculative invoice’ but a genuine bill for services supplied.
Just my opinion but parking companies charging a penalty of triple the fee makes the invoice not only speculative but also unenforceable.
Theres wiser people than me that know more about this stuff but as there are so many gullable folks out there that will pay the penalty its pointless to pursue those that don’t.
There has been court cases though, in fact some the parking companies would call a victory.
In one they claimed for (I’m not sure of the exact figures) £250 + £4000 costs. They received £15 (a fair amount for damages) & £95 costs. Even turned up with a bunch of lawyers.
I am really surprised that these MSA operators haven’t gone to court on a test case.
MSA’s are a different ball game altogether and I doubt they would even try as the contract is formed after you have entered the services (you have no choice but to either stay or drive out the other end). In Harry’s case it could be argued he legally had to stop driving and was forced into the contract as the contract didn’t come into effect untill he entered the services, there was no prior warning on the motorway.
So in reality no one has to pay for MSA parking as the contract is invalid due to it being forced on drivers who need to stop there vehicle for legal / safety reasons, same if you break down or ‘cough oversleep cough’ etc…
I pay though because I don’t want the hassle, and I’m a good boy
Wetherby services is just a ■■■■-hole, which is run by truck-hating management and the staff aren’t much better.
Toilets are awful, the park is like the surface of the moon, even after re-surfacing it gets ripped-up again in no time…they won’t serve you coffee or heat a bacon-roll after 10.30pm, as they shut the grill and costa coffee machine behind the counter at 11pm. Other costa/moto places are 24hr. Staff won’t do anything about the ■■■■■ who have a break whilst sitting at the pumps. And to top it all, they won’t do anything about the car-drivers who fail to stop at the exit. I’ve lost count of the number of near-misses I’ve had coming out of there. Why the cops don’t sit there and prosecute them all, is beyond me.
speedyguy:
As for Harry he can run his business how he see’s fit, If he wants to undercut other hauliers who charge “daylight robbery rates” as Steve puts it by paying a legitimate business cost i’e parking that’s up to him.
Others cut costs by running on red, lack of maintenance etc all valid business costs to be cut in “the race to the bottom” which haulage seems to be a master of ■■
I can only assume maybe wrongly that Harry would be liked to be paid by his customers for the service he provides to make a profit but doesn’t like to pay someone else as a customer for the use of theirs ?
I don’t choose to stop anywhere, the Law requires me to.
£25 is a ludicrously exaggerated cost for providing a lorry-sized strip of tarmac for 12 hours, but then all Motorway Service Operators are owned by banks and banks are masters at ripping off peasants like myself, ever since Henry VIII stole the portion of land which was rightfully my birthright from my ancestors all those years ago.
Anyone who does business with me will tell you that you’ll never find a more honest person in transport and you’ll never find a faster payer of bills. But what I don’t do is send out speculative invoices dressed up as legal documents designed to intimidate and frighten people who don’t understand contract law into paying money they don’t legally owe. So don’t bother looking down your nose at me from your high horse.
I parked overnight in Trowell services recently, went and paid £21.00 and entered vehicle details on their machine and a photo did’nt come up, when I queried this with the bloke on the till he said “oh, it does’nt always pick you up” so I said “I need’nt of paid then” he just smiled and said you already have thou.
I get my parking paid in full thou so I dont lose out