Free Traffic Legal Advice

Hi,

Some help with this one please. Driver (actually not the RK) suffered a puncture on M3 just before Fleet Services and pulled in. Newish car, no spare, called AA who eventually arrived and called mobile tyre fitter who replaced tyre. All in 2hr 20 mins in services.

Any legal issue with the PCN before we plead to their human side 



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Before we get onto any appeals, have you tried speaking to whichever company runs the service station? That wound be a good first port of call, emphasising the safety element of the driver needing to stop.

The usual argument with breakdowns is "frustration of contract", that is, you were unable to comply with the terms on offer due to matters outside of either party's control.

One consideration here however, is that the notice from ParkingEye suggests that if you're going to stay for longer than 2 hours, there is the possibility to pay for parking, and ParkingEye will seek to argue that once the driver knew they were going to be there longer than 2 hours, they should have paid.

As a starting point, the keeper should speak to the service station owners/management (not telling them who was driving) and see if they'll intervene. If they won't we can pursue appeals.

No need to contact PE for confirmation. The Keeper can simply log in as though to pay or appeal the PCN and their system should show that it has been paid or £0 balance.