-
Welcome to Stafford Forum. Please or sign-up and start posting!
Fined for pulling over and going to sleep
- Thread starter fatfrog
- Start date
fatfrog
Well-Known Forumite
He was there for about 3 hrs, I can understand the service stations protecting themselves against people staying there for long periods of time but there is surely a compromise somewhere. It will put people off stopping and taking a rest if they are worried about falling asleep for too long
henryscat
Well-Known Forumite
A friend of mine fell asleep at the wheel of a hire car a few years back and caused a head on crash. Fortunately everyone lived to tell the tale. So yes the consequences of nodding off are not nice and so annoying as £50 is, pulling over still the right thing to do. Even better is to not start a journey if at all possible if tiredness is likely.
fatfrog
Well-Known Forumite
Not sure which service station. He was travelling back up from London after an early start, will find out and let you know
I have pulled over and slept in a service station on the way back from France once and we were nearly home (Hilton Park) Just couldn't keep my eyes open.
Henry's Cat, I am releived to know your freinds experience was not worse than it could have been and I agree it is better not to start a journey if tired but think most of us will have been in a situation on a long trip where we have been tired.wizzard said:
I have pulled over and slept in a service station on the way back from France once and we were nearly home (Hilton Park) Just couldn't keep my eyes open.
dangerousdave
Well-Known Forumite
yep, write back quoting mitigating circumstances, and ask them how they'd like to proceed. If they wish to persue the amount they'd have to end up taking it to a small claims court which would cost them a lot, and given the circumstances I can't see many judges siding on their sideshoes said:
however, you should consult a trained legal expert on this as i'm not, and as such need to put such a disclaimer
shoes
Well-Known Forumite
If it's a private company then they cannot issue a fine legally. They can, however, issue with an invoice for services rendered (parking), however you are not legally obliged to pay it. I have had several parking tickets from private companies now and have just binned them. Normally you get a second letter, but I binned those also. To date I haven't been taken to court or even threatened with it. I did get one letter from a debt collector, and spoke to them to tell them that I don't own the car in question, at which point they stopped sending me letters.
Depends where your moral compass is on this one, but frankly service stations rake it in and your son pulled over to avoid a potential accident from driving whilst excessively tired. Unless the car park was so rammed that your son's car stopped a potential customer for stopping to spend money then they legally cannot claim that a) it cost them anything for him to park there or b) that they suffered any loss (damages) as a result of the parking.
Did they fine him whist he was asleep in the car or is this a CCTV and through the post jobber? If the latter then if pushed you can just say you have no idea who was driving that day.
DO NOT make contact with them at all, let alone to admit to it and then pose mitigating circumstances.
DISCLAIMER>>>> what dangerousdave said. This is based on personal experience/insubordination. I accept no liability if your son does get hauled into court.
Depends where your moral compass is on this one, but frankly service stations rake it in and your son pulled over to avoid a potential accident from driving whilst excessively tired. Unless the car park was so rammed that your son's car stopped a potential customer for stopping to spend money then they legally cannot claim that a) it cost them anything for him to park there or b) that they suffered any loss (damages) as a result of the parking.
Did they fine him whist he was asleep in the car or is this a CCTV and through the post jobber? If the latter then if pushed you can just say you have no idea who was driving that day.
DO NOT make contact with them at all, let alone to admit to it and then pose mitigating circumstances.
DISCLAIMER>>>> what dangerousdave said. This is based on personal experience/insubordination. I accept no liability if your son does get hauled into court.
henryscat
Well-Known Forumite
Private companies issue tickets on the basis of contract law - that on parking in the car park you enter into a contract on the terms displayed on notices in the car park. However, asfaik the law says they can only seek "reasonable" compensation for costs incurred by someone breaking the terms. Presumably some companies choose not to pursue non payment because they know full well £50 or whatever is well in excess of their actual loss so would lose if challenged.
shoes
Well-Known Forumite
Fair points, and I suspect you're absolutely correct in as much as they don't see the benefit of pursuing it due to the cost/benefit ration being against them, which effectively makes them chancers.henryscat said:
The only think you have to worry about is clampers, although you could do what I do and have your car lowered so much they can't get a clamp on*
*Trade off that you can't get into some car parks at all due to the devastatingly large speed humps some of them seem to have.
My Name is URL
Well-Known Forumite
Just wanted to add that the above is bad advice.... please don't communicate with them at all until you take correct advice.dangerousdave said:
From what I have read, Shoes is correct that the general advice is to ignore it.... unless they can prove who the driver is was then the registered keeper is not liable AFAIUI.
Best bet though is ask the legal eagles on www.pepipoo.com
Let us know how you get on.
dangerousdave
Well-Known Forumite
i stand corrected, and am happy to do so. thanks for correcting me everyone.