Avoid BP Coomera Qld: Parking "fine" for sleeping in car

[Deactivated] on 07/09/2015 - 15:38

I drove Syd to Bris the other day to visit relatives. Stopped at BP Coomera near Dreamworld to get petrol. It was about 2-3am. I was very tired so though I woukd sleep it off for a couple of hours. Well, when I woke up about 7am I got a surprise, a $88 parking "fines" by some private mob "parking enforcement" bullshit.

I immediately went inside, furious understandably. The old b… at the counter said they introduced the fine to stop backpakers from staying there "for weeks at a time". I said, well, weeks and 3-4 hours is a big difference. To no avail, she would not budge.

So my question is: Do I have to pay it?

I have read fellow ozbarganairs in the past advocating to just "chuck it in the bin" as private "fines" have no legal standing as they are not issued by a govt authority or police. Is this true? I understand their only option would be to raise a claim for loss in a court due to my parking there. They could then take it to a magistrate and get an order against me if I am not there to contest it. And I am not about to go back to Bris to contest a parking fine.

And the other thing is: I promised her that I would adocate to anyone I come across to:

AVOID THE BP COOMERA QLD SERVICE STATION as they do not seem to care about customers and just see this as a money-grabbing excercise.

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Comments

  • Settero on 07/09/2015 - 15:51
    +33

    https://www.youtube.com/watch?v=rw3fWb61wgQ

    short answer , they are not enforceable.

    • pointless martyr on 07/09/2015 - 20:25
      -4

      B…… Snooze, b…… Lose

    • hahaboy on 08/09/2015 - 19:52
      +2

      knew it was a checkout link before opening. Hadn't seen this particular segment before either. It's a great show.

        • Magpye on 09/09/2015 - 15:56
          +17

          "but no one is actually challenging what i've said"
          That could be because you sound suspiciously like a nutter.

          "That's because it's all true"
          All doubts removed.

        • Magpye on 10/09/2015 - 12:39
          +1

          @steamtrain:

          "You've just gone for the personal attack."
          Oh, allow me to present Evidence A

          "Maybe you have an over-inflated sense of entitlement.
          Maybe you're a deeply vindictive individual by seeking to undermine a small God-fearing family business.
          Maybe you're a hazard on the road just waiting to kill cute little babies through culpable driving.
          Maybe you're a misogynous foul-mouthed little prat."

          It appears you don't like the taste of your own medicine.
          Sticking 'maybe'on the front doesn't absolve you from making personal attacks.

        • [Deactivated] on 12/09/2015 - 17:08

          @Magpye:

          His was sole personal attack - i'm a 'nutter', it would seem.
          All he did was quote me, then call me a nasty name.
          No analysis.

          Yeah, i tore the guy a new one.
          But at least i had some analysis behind it.
          My 'attack' on him was focussed - not scatter-gun.
          That's what's different.

          BTW i clarified some of my statements here.

          There's Evidence B for you.

      • diddy50 on 09/09/2015 - 20:13
        +4

        Surely you're on drugs… Right?

        • [Deactivated] on 09/09/2015 - 20:40
          -5

          I can't afford illicit drugs unfortunately.

          Though i do have a friend who keeps trying to get me to join her and her buddies at Bible Study, and she uses the word 'scripture' a lot, and i find that word funny just on its own. So she's a bit like a drug.

          Hey, the urge to bang on some more has just overwhelmed me!

          Maybe the private fine is unenforceable.

          It sure isn't.
          It's not like a car parking ticketing case where they have the conditions up on a wall or on the back of a ticket that you collect, in which case they can sue you on the contract.

          Maybe they can sue you in trespass.

          Well yeah, it said parking for a limited time, and he went beyond it.
          It's not public property he's on.

          Maybe they could sue you in the tort of assault for your psychic assault of their hapless employee.

          Well i don't actually know what he did with the old duck, but depending on what he did and how she felt, this might get up.

          Maybe the state police could charge you for your criminal psychic assault, and then violate you with their truncheons just for fun (this is QLD after all).

          Well, they're not going to do that - they usually wait until there's a physical assault.

          Maybe you conflate state notices recommending sleep for invitations from private persons to occupy their land.

          Well he sure did that - who cares what the road signs said. Totally fully irrelevant.

          Maybe you don't respect private property rights, unless perhaps you're the private property right owner.

          Well he clearly doesn't seem to appreciate he's on private property.
          They can kick him off any time they like.
          He's just accustomed to doing what he likes at service stations.
          It's a bit like shopping centers - we all get accustomed to rocking around at those places, but people can and do get banned - usually kids with skateboards.

          Maybe you have an over-inflated sense of entitlement.

          I think he does.
          We're not all here to make his life less arduous.

          Maybe you're a deeply vindictive individual by seeking to undermine a small God-fearing family business.

          Sure, why not - he chose to name the business even though what he encountered was really quite trifling.

          Maybe you're a hazard on the road just waiting to kill cute little babies through culpable driving.

          Well this can happen to anyone on long trips, but if he's aware of that state arising he should deal with it and not seek to blame others.

          Maybe you're a misogynous foul-mouthed little prat.

          I don't think the old duck deserved being called a 'bitch' here.

          God bless.

      • Gorodemon on 10/09/2015 - 10:25
        +1

        Mateeeeee, whatever you're smoking, I want some!
        When we get high tonight, lets take a trip to Cloud Nine!

  • Findo on 07/09/2015 - 15:53
    +2

    Queensland has some very odd laws about people sleeping in cars. Many years ago when I was still in primary school, my family went on a trip to Brisbane and we got there at 6 am - my sister was 7 and I was barely 12. We stopped at maccas to get some food and decided to nap in the car as check in for the hotel wasn't until lunchtime, and at around 8am we got moved on by the cops who said something similar about people camping in cars weeks on end.

    • Randxyz123 on 07/09/2015 - 18:50
      +78

      Yet they put up signs encouraging you to take a nap if you are tired to avoid fatigue

      • [Deactivated] on 08/09/2015 - 10:35
        +19

        You shouldn't drive home, but you can't sleep here!

      • JetBombat on 08/09/2015 - 19:28
        -3

        Avoid fatigue, sleep at Maccas. I am yet to see this sign.

    • SirFlibbled on 10/09/2015 - 14:41

      In short, don't have a nap on private property.

  • jzdhgkd on 07/09/2015 - 15:54
    +5

    In NSW, I believe a fine has to be administered through the State Debt Recovery Office (SDRO) in order to be enforceable.

    If you can find the QLD equivalent of the SDRO and see if your fine is through them or just a random entity issuing the fine, you'll probably fine your answer.

    Hopefully someone with more legal expertise can help you.

    • [Deactivated] on 07/09/2015 - 16:01
      +38

      OK I get your point. But as I told the b**ch: "weeks at a time" and 4 hours of resting due to fatigue is much different. Would they rather that I go out on the road and god forbid kill some innocent family by falling asleep at the wheel?

      Plus I am their paying customer, I just gave them $60 of my money. So I am in a position to say that they do not care about their customers, as I am their customer and they do not care about me.

      • try2bhelpful on 07/09/2015 - 17:00
        +59

        I suggest you drop the "b##ch" comment for a start. Whatever sympathy I may have for your circumstances has just gone out the window. Personal attacks on low level people just doing their job are unwarranted. I suggest that you take it up with the management of the place if you have an issue, and I would suggest you don't use the "b##ch" word to describe the employee if you want to get them to cancel the fine. I get the general feeling it was your 'tude when you stormed into the place that got the ladies back up and escalated an issue that may well have been dealt with if you had been tactful and contrite. (Only going on the tone of what you have written here.)

      • Ughhh on 07/09/2015 - 18:35
        +12

        You paid $60 for petrol, not for camping on their private property. In addition, you're not a regular customer, so stop talking like you're some vip.

        It's not their job to make sure you get sleep and not kill people on the road. That's your job.

        • OBEY YOUR MASTERS on 08/09/2015 - 08:58
          +39

          He/she wasn't camping.

          If they were so concerned about somebody taking a nap in their car park they should have just knocked on the window and moved them on, or even better, put a sign up. The last thing we need in our society is more fines for ridiculous things like this.

        • try2bhelpful on 08/09/2015 - 11:52
          -2

          @gtrdude: If you think this is the "last" thing we need then you aren't really paying attention to what is happening in the world; I can think of a few "lasts" I would put in front of it.

        • Ughhh on 08/09/2015 - 12:10
          -2

          @gtrdude:

          He/she wasn't camping

          I hope you don't seriously think I meant actually setting on a campsite, with a tent, fireplace and marshmallows and all. Lol

          They probably get fed of telling x many customers per day. Assuming there's enough staff and the lady is allowed/safe to leave the counter/store in the middle of the night.

        • OBEY YOUR MASTERS on 08/09/2015 - 14:09

          @try2bhelpful:

          Well yeah… It's probably not the last thing but pretty high up there just the same.

        • cheng2008 on 08/09/2015 - 14:21
          +3

          @try2bhelpful: The "last" thing we need is for people on forums to take posts too literally ;)

        • try2bhelpful on 08/09/2015 - 17:52
          -3

          @cheng2008: and you seriously think that is the "last thing". You need to broaden your horizons as well.

      • sobes on 07/09/2015 - 22:52
        +12

        She should have been out there with a fluffy pillow and a glass of warm milk for you while you snoozed in their carpark. The fact that she didn't shows that this service station clearly does not care about their customers.

        • [Deactivated] on 07/09/2015 - 23:53
          +3

          How rude of you sobes!

          Warm milk? Without marshmallows??

          😯😉

      • diddy50 on 09/09/2015 - 20:17
        +1

        Why so rude to an employee? She's just a person doing her job.

        Stop bringing up she's a b#tch all the time… Does nothing for your argument and just makes you seem like an arse.

    • terrys on 08/09/2015 - 07:53
      +3

      It's not a fine, it's a speculative invoice masquerading as a fine. Even a council or lawful entity authorised to issue a `fine' need to meet standards of signage which [a] this organisation is unlikely to be authorised to erect and [b]unlikely to erect in the mandated manner prescribed by any act or regulation authorising such signs.

      • Scorpiogirl on 20/09/2015 - 06:34
        +1

        Don't try to understand. The truth hurts some times. Common sense is not obvious to all :)

  • [Deactivated] on 07/09/2015 - 16:05

    I agree with some comments that the business may have a problem with people sleeing in their car. But if they put a reasonable limit, like say 4 or 6 hours AND the driver has proof they are a customer by producing a receipt of recently purchased fuel, that would be plenty of evidence that I am not some backpacker sleeping there "for weeks on end".

    • Settero on 07/09/2015 - 16:24
      +2

      you think 4 hours stay in private property is reasonable before cops/tow trucks are called ?

      • [Deactivated] on 07/09/2015 - 19:35
        -8

        I did not park in somebody's yard. My patronage puts food on their table. I am their customer. Plus, they can only call cops if they request I leave and I refuse. I would gladly have moved on if they had tapped on the window and said: listen buddy you cant park here… But they wanted their $88 didn't they

        • geoffs87 on 07/09/2015 - 20:51
          +1

          You paid for petrol, not to sleep in their car park… I don't think free accomodation comes with every petrol purchase.

          Yes, we're all bargain hunters here, but seriously get a hotel if you're tired… Plan ahead and don't expect to be able to drive 14 hours Sydney to Brisbane on your own in one hit…

          The nerve of this guy!!

          Edit* - saw another comment further on about you being 'zonked out', seriously Coomera is about an hour out of Brisbane… How on earth did you expect to make it to Sydney safely???

        • A Banana4scale on 08/09/2015 - 16:24
          +1

          @geoffs87:

          he was driving syd to brisbane.

    • TailsK on 09/09/2015 - 09:36
      +1

      Wasn't the reasonable time limit 2 hours? Wrote a letter, explain your situation, they might let you off. But honestly, with your attitude (the way you treated the person at the counter), I don't think you deserve to be let off.

  • me786 on 07/09/2015 - 16:09
    +10

    Was there any sign or warning re parking limit/duration?

      • rolypoly on 08/09/2015 - 02:27
        +20

        Why didn't you mention this up top?

    • FirstNameLastName on 08/09/2015 - 19:53
      +8

      Comeon.. give the OP a break on this one.. I mean.. signs often blend into the background.. that's just the human brain filtering out the nanny state bs we all must endure.

      Who has never missed a sign in their life?

      Of course, if the sign was directly in front of the car.. flashing lights.. doing a little dance perhaps.. that's a different matter.
      But I'll forgive someone who doesn't see a discreet sign, at night, after driving 900km from Syd.

      (edit: I now realise maybe negs are for not disclosing the sign in the original post.. yeah I agree on this front!)

  • tre180 on 07/09/2015 - 16:59
    +28

    The fact that they placed the fine on your windscreen rather than tapping the window and telling you to move along shows that its purely a money-making exercise imo. Don't pay it, don't sweat it.

  • jaykay on 07/09/2015 - 17:12
    +6

    I got fined in vic some years ago by some private contractors you were talking about in your story. At the time I was young and immature and just threw the parking ticket in the bin. To my surprise I was never issued with any follow up notices and I got away with the "fine". If this was a fine issued by council or government I would be caught out immediately though.

    • [Deactivated] on 07/09/2015 - 19:28
      -1

      I got pinged in a hospital car park as well by private security firm, taking my mum to doctors. Paid it as I did not want her stressing put in case she got a letter later, as the car was registered in her name.

      By cooncidence that was also $88 I think it was same firm. I reckon they split it 40/40 plus $8 GST.

      • [Deactivated] on 07/09/2015 - 23:59
        +5

        Oh no.

        I fully understand the rationale behind paying the fine, however I'm sure you know that:
        1) legally enforceable infringements can only be issued by government/statutory bodies (private firms will instead issue a payment notice for breach of contract),
        2) legally enforceable infringements will never involve a 'pay on time discount' or similar scheme, and
        3) legally enforceable infringements never include GST.

  • oscargamer on 07/09/2015 - 17:29
    +9

    ignore it

    they are unenforceable

    http://trafficlaw.com.au/forum/viewtopic.php?f=30&t=538

    • Food on 08/09/2015 - 07:56
      +2

      Tl;Dr ignore ignore ignore. DO NOT have ANY contact with them.

  • oscargamer on 07/09/2015 - 18:29
    +3

    tell them nothing

    ignore it totally

  • holdenmg on 07/09/2015 - 18:32
    +46

    Hi,

    Also, looking at the BP Website for Service Stations it says:
    "Stock up on essential groceries, grab a hot snack, get your car washed or just have a rest at one of our 1400 service stations around Australia."
    http://www.bp.com/en_au/australia/products-services/service-…

    Wow, I think you might have been having a rest.
    Tell them to get stuffed.

    • [Deactivated] on 07/09/2015 - 19:24
      -5

      Thanx holdenmg, I was not as imaginative. In fact, that particular s/station is advertised as a truckstop/roadhouse. There were more than a dozen trucks there sleeping it off.

      No 2hr rule for them. Perhaps that's because 2 of their fuel tanks hold more than $500 of diesel. It's not about the oil? Yeah, that's what George Bush said as well :-) On the brochure that the b##ch gave me after the fact it said cars 2 hrs / trucks 12 hrs. So discrimination against the car driver vs truck driver………..blah, blah,,,,

      But seriously, I admit there were signs everywhere saying 2hr parking but I was zonked out and did not see them. I only saw them in the morning.

      (and I do need to use the b… word as she was a b… , and no she was not an 18 yr old just doing her job, she was a fair dinkum b…, looked like the manager or owner or someone in authority)

      • try2bhelpful on 08/09/2015 - 12:01
        +7

        Seriously you think you have a right to call someone a bitch because they aren't an 18 year old and they disagree with you. You also assumed you was a manager or someone in authority because of the way she looked. You have a serious attitude problem. I bet the trucks aren't moved on because they have an agreement with the roadhouse that allows them to stay there. This is private property and the management reserves the right to determine what people do there; even if they don't want to apply it consistently. The fact that you had decided to do this and did not even ask for permission from the people who ran the roadhouse speaks volumes about your sense of entitlement. How about I come and camp in your front yard for a few days, I'm sure you won't mind; particularly as you don't even have a sign up saying I can't.

        • stringbean402 on 08/09/2015 - 17:18
          +2

          I'm with the OP… come across many B*$^es in my day. Call it what it is.

        • try2bhelpful on 08/09/2015 - 17:59

          @jg86tsv: Thank <Diety> I haven't come across either of you then.

        • Debravity on 09/09/2015 - 06:34
          +1

          @try2bhelpful: so, you have never been spoken to with utter disdain by an authority, or anyone, for that matter, and even under such reasonable circumstances, been told, "it's too bad", and come away thinking that the person is a bitch? BS, right? Who are you, Jesus Christ? Everyone, even the Dalai Lama, has had a bad day under these type of circumstances. You're just milking the forum… Implausible. Give the op a break. Sounds like it was a bitch, from a bitch. Now, try helping solve the problem and stop just kicking the op, needlessly. Schadenfreude is all you are into at this point.

  • scrimshaw on 07/09/2015 - 19:06
    +1

    Contact the Current Affair?
    http://aca.ninemsn.com.au/

    • sobes on 07/09/2015 - 22:54
      +9

      Great idea. The Australian public needs to know of this terrible injustice

      • try2bhelpful on 08/09/2015 - 12:03
        +7

        Yeah, they will get the lady he talked to and she can go on camera saying "he started screaming at me and called me a bitch". I'm sure the OP will get a ton of sympathy.

        • Debravity on 09/09/2015 - 06:37
          +1

          You are really out to make a point, aren't you? And you never called anyone, any names, ever, did you? Unbelievable.

    • tomleonhart on 09/09/2015 - 08:23
      +2

      Next on A Current Affair.

      "BP attempted murder by pushing motorist on the road under whilst under heavy fatigue, find out more with Tracey Grimshaw"

      • scrimshaw on 09/09/2015 - 18:51
        +1

        Segue to underpaid 7/11 workers

  • [Deactivated] on 07/09/2015 - 19:09
    +3

    Contest it if you have to.

    Fairly sure you're encouraged to take naps while on long trips. There is signage for it on the freeway. Unless I'm totally imagining my memory of such. I've driven from Sydney to Melbourne countless times… I'm sure I've seen signs for such things?

    YES! See here!

    • Ughhh on 08/09/2015 - 00:03

      Not that anyone's disputing whether resting is important/encouraged or not. But it doesn't mean you can rest any where you fancy without conditions, you wouldn't park on some randoms front yard lawn right?

      Nevertheless, I wouldn't pay any way if I was in ops position.

    • try2bhelpful on 08/09/2015 - 12:05

      Aren't there turn off rest places on the highways in Queensland; there certainly are in Victoria. The other alternative is to pay for a motel, like the rest of us do.

  • oscargamer on 07/09/2015 - 19:25
    +16

    DO NOTHING

    IGNORE THEM

    IF YOU DO ANYTHING TO CONTACT THEM, IT WILL ACTUALLY HURT YOU

    LISTEN PEOPLE

    DO ABSOLUTELY NOTHING

    • [Deactivated] on 07/09/2015 - 19:31
      +3

      That's what I was going to do. Thanks to everyone for support.

  • FirstNameLastName on 07/09/2015 - 19:43
    +6

    • BP just needs to fine 450 million more backpackers to cover their own fine for deepwater.. err..

    • i agree with others who've said you've lost sympathy by referring to the attendant in the way you have.. we don't know her side of the story, how she is managed/directed etc.. but i understand you are probably non-psycho, just venting.

    • it's a poor sign of the times, that we can't tell someone just to move on.. with a friendly tap on the window.. someone could leave on note on the window if they really have communication difficulties.

    -I wouldn't pay it as I think it's bollicks.. perhaps designed to make easy money off foreign backpackers who think they'll get hauled in by customs if they don't clear the fine. BP no doubt takes a cut.

  • Food on 07/09/2015 - 20:23
    +4

    Rest. Revive. Survive.

    All thats needed.

    • Randxyz123 on 07/09/2015 - 20:54
      +1

      This exactly. Sure they don't want a backpacker staying there all weekend but if there was someone sleeping there for a few hours.

      I don't see the problem, in fact you should discuss this with the police because it kinda contradicts the whole take a power nap ads and signs.

      I'd contact BP management

      • Donaldhump on 07/09/2015 - 21:27
        +6

        cant be much of a holiday for a backpacker spending weeks at a servo

        • Debravity on 09/09/2015 - 06:45
          +3

          Oh, no, you should try it - best free holiday, ever. COME TO OZ AND STAY IN A BP CARPARK. Get all the servo food you could ever want, FREE, out of the skip; amazingly clean toilets and showers; get high off the petrol fumes, spending weeks thinking you're a chicken - and the tranquility, PRICELESS! It one of those situations where you feel you always need another holiday as soon as you get home. You can just see the tourism ad now with Michael Clarkes ex "Australia? where the bloody hell is the next petrol station?"

        • Donaldhump on 09/09/2015 - 09:43
          +1

          @Debravity: i always question backpackers when i do some flashpacking, 4-6 weeks of smashing through a holiday do what u want cos u have $$, or backpacking for 12 months, spending 10 months of it sitting in a hostel hammick, eating pasta cos ur broke

        • altomic on 11/09/2015 - 07:08
          +1

          @Debravity: we need Lara bingle in a bikini bouncing across the bp fueling area between Bowser's saying "where the bloody hell are ya!?".

          And then pointing off camera yelling "parked 4 hours, right! $88 fine for you"

  • paloverde88 on 07/09/2015 - 20:54
    +5

    Traffic Police would rather see you rested at the petrol station parking then drive tired simple as that.

  • Donaldhump on 07/09/2015 - 21:16
    +6

    think thats a disgrace.

    rest and revive and all that crap…

    whats a person meant to do

    • artfuldodger on 08/09/2015 - 09:40
      +1

      Exactly, it wouldn't have occurred to me that you wouldn't be permitted to rest more than 2hrs at a main highway fuel stop. Even if there were signs, you just don't read every sign when all you can think about is getting rest. They make a choice when they impose a fine like this and similarly I'll make the choice to remember their approach whenever I fill up.

  • Donaldhump on 07/09/2015 - 21:25
    +6

    go back in and buy 80 of groceries, then change ur mind once they have finished scanning, saying u had the money but forgot u had to pay a horse sh@ t fine

  • Donaldhump on 07/09/2015 - 21:26
    +6

    and for the record ill no longer get my fuel there as a stance for ur protest. i spend 5000 a year on fuel so they lose more now

  • tonyjzx on 07/09/2015 - 22:33
    +2

    BP is a global pariah anyway. Stop spending with them.

  • freakthe on 07/09/2015 - 22:57
    +5

    Thanks for the heads-up. Will avoid buying anything from any of these BP stopover stations but to enjoy their free toilets and air-con :)

    • Tal_Shiar on 08/09/2015 - 02:24
      +1

      if you search enough, you'll come across someone whose had a bad experience at another servo you might use. At some point your going to have to man up and just buy fuel….

  • Zondor on 07/09/2015 - 23:02

    Odd, I took up the entirety of the space behind a shell in SA once sleeping in my car from 2am till 9am because I burst 2 trailer tires and couldn't leave my gear.

    Rents were out of town and everything.

    Never got anything even close to a fine :s they knew I was there too.

  • Dr Techno on 08/09/2015 - 00:08
    +7

    Traditionally Service Stations have been known to be REST STOPS as well.

    I would think since he was a paying customer, that BP should have some level of duty of care to ensure that a paying customer has the best chance of arriving to their destination in one piece. I don't see how he has unreasonability taken advantage of the facilities, and I don't see how others could have been disadvantaged between 2am to 7am during OP stay unless his car was blocking something.

    I would write a complaint letter to the private parking company & BP store manager. Provide receipt for petrol purchase highlighting the above arguement.

    • try2bhelpful on 08/09/2015 - 12:09

      Seriously you think a service station has a "duty of care" to provide places for people to sleep on long journeys. So if they don't have areas set aside for rest does that mean we can sue them?

      • Dr Techno on 08/09/2015 - 13:24

        We don't live in America, I don't see the point in suing. Clearly this argument can be blown out of proportion on both sides of the fence.

        • try2bhelpful on 08/09/2015 - 18:05
          -1

          I get ticked off when people throw around terms like "duty of care". The service station does not have an obligation to provide someone, who does not want to pony up for a hotel room, with a suitable rest place. In fact if they did provide this area as a rest stop there may well be legal obligations on the sort of facilities they need to provide.

          Note: "In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence."

        • geoffellis on 08/09/2015 - 23:36
          +1

          @try2bhelpful:

          On the other hand, not allowing people who aren't fit to drive the ability to remain parked sure seems like negligence… What happened if he adhered to the 2 hour limit, and left still feeling fatigued and then killed someone after falling asleep at the wheel?

        • try2bhelpful on 08/09/2015 - 23:49
          -1

          @geoffellis: so you think the OP had no responsibility to ensure he was fit to drive; you think that is BPs responsiblity? Funnily enough when I am travelling any distance I plan my trip and book into a motel overnight.

        • geoffellis on 09/09/2015 - 00:15
          +4

          @try2bhelpful:

          Obviously the OP took responsibility to ensure he was fit to drive, by not driving. Fining him for being responsible is stupid. Suggesting that BP has no duty of care in make a driver unfit for driving, drive - is stupid.

          But you're also ignorant if you think you can predict exactly when fatigue is going to hit you. I've felt overwhelming fatigue after 3 hours of driving. I've also felt it after 10-12 hours of driving. He was ~50km away from his destination. Seems like he wasn't far off the mark for what he thought he could handle. Was it an ideal situation? no. But 88$ for 2 hours of parking in a parking lot from 5-7am is unreasonable.

        • djkelly69 on 11/09/2015 - 22:35

          @geoffellis:
          "What happened if he adhered to the 2 hour limit, and left still feeling fatigued and then killed someone after falling asleep at the wheel?"

          Nothing, because the service station doesn't owe him a duty of care - service station/2 hour rest area user is (unsurprisingly) not an established duty of care category.

        • geoffellis on 12/09/2015 - 00:00

          @djkelly69:

          Whether legally an issue is debatable - I don't see any reference to duty of care 'categories' - there is still a basic social responsibility in that intentionally putting someone in a dangerous situation is not acceptable.

  • centrelink on 08/09/2015 - 02:07

    You can always take them to court

  • AntMan76 on 08/09/2015 - 08:54
    +1

    Some people just don't get it that their attitude immediately puts people offside. You drove past plenty of actual rest stops along the way too.

  • bocca on 08/09/2015 - 09:01
    -2

    Unless they had signage saying no sleeping then no…

    • [Deactivated] on 08/09/2015 - 10:23
      +1

      They do have a sign-he said that.

  • bundybare1967 on 08/09/2015 - 09:05

    just chuck it in the bin they cant do a thing

  • [Deactivated] on 08/09/2015 - 09:22

    This story sounds similar to when backpackers cramming inner city streets with old vans to avoid paying for hotels.
    I dont want to try supporting the store, but I believe when the promote "rest", they mean give your feet a stretch and eat a snack?

    • tomleonhart on 08/09/2015 - 10:01
      +1

      I don't think stretch your leg and eat a snack is enough to overcome sleeping fatigue. Sleeping is the only way to "rest"

      • [Deactivated] on 08/09/2015 - 11:54
        +1

        Restroom?

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