IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
The MSE Forum will be undergoing some maintenance this evening. As a result, some users may experience temporary performance issues. Please use the Site Feedback board to report anything major. Thank you for your patience.

MET Parking services !!! MCD weston super mare

Hi,
This morning ive received a parking charge notice from MET parking services..
they are asking for £100 as it appears i have over stayed my welcome at a mcdonalds in weston super mare by 26 minutes! so almost £4 per minute... wow

something doesnt ring true about this too me, so i would be interest to hear from anyone else thats had a similar notice letter.

im going to get hold of my bank tomorrow as i have a record of using mcdonalds on the 16th of june but it doesnt say which mcd on my statement, but the date they have on my notice is the 15th june...
i will also try and find the receipt, but as mcd have been doing the bigmac and fries for 1.99 when entering the code from receipt online etc then you have to give the receipt over when using the code im not sure i still have it...

now i cant remember staying at that mcdonalds for that length of time, i think i would have used the drive through for the 1.99 deal and im thinking it corresponds with an interview i had
in weston, so i may have gone back to the mcdonalds before heading home to get a cappuccino.. but im not sure.

So sorry for the story but id appreciate if anyone knows where i stand with this, £100 is crazy!
«13

Comments

  • Coupon-mad
    Coupon-mad Posts: 130,572
    Name Dropper First Post Photogenic First Anniversary
    Forumite
    Welcome - but none of that matters. You do not need a receipt and you certainly don't shoot all your toes of by coming here and not reading anything then appealing as driver! So, get reading over the weekend.

    Search the forum for 'MET McDonalds'.

    Read the thread you missed - 'NEWBIES PLEASE READ THESE FAQS FIRST'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Guys_Dad
    Guys_Dad Posts: 11,025
    First Post Combo Breaker
    Forumite
    How long do you get free parking?
    Was it an ANPR or warden with camera - check photos.
    Date of contravention and NTK
    Was there a NO RETURN WITHIN t&c.?

    All relevant.
  • Fruitcake
    Fruitcake Posts: 58,150
    Name Dropper Photogenic First Anniversary First Post
    Forumite
    As above, please read the Sticky thread for NEWBIES then appeal using the BPA template in blue. Copy and paste and send.

    Meanwhile, complain long and loud to the manager.

    If this gets to PoPLA and you can't get your own pics of signage, please let me know via PM as I am a regular visitor to the town, but please also let me know which one it was as there is more than one.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • edy500
    edy500 Posts: 20 Forumite
    Thank you for pointing me in the right direction.
    I will be appealing 100%
    i realise now which visit it was and this is even worse... i was visiting with my mum who has MS and is pretty much wheelchair bound. we arrived at the mcd in question and i pushed my mum to the toilet and got myself a cappaccino, i then went and pushed my mum back to the car and got her in safely which can take sometime. we had a chat whilst i drank the coffee and then decided as we had the receipt with the bigmac and fries 1.99 deal we would go through the drive through and share the meal, it was pretty busy as was lunch time so we had to wait a while to order and receive the meal.
    we then pulled back into a parking space and ate the meal.
    i was tottally unarew that there was a permitted time for MCD users and didnt see a sign or consider looking for one. after we ate the meal and disposed of the rubbish in the bin we made our way home.

    i will be contacting the manager and writting a letter to MCD, i wont be buying from MCD again until this is resolved and will most probably never use that particular MCD ever again.

    Anyway on with the appeal, and thanks again.
  • Coupon-mad
    Coupon-mad Posts: 130,572
    Name Dropper First Post Photogenic First Anniversary
    Forumite
    edited 23 July 2017 at 10:55PM
    Dear MET,

    I refer to your baseless 'parking charge notice' and I have complained to the Store Manager, and need to put you on notice that MET and McDonalds are jointly and severally liable for disability discrimination, should you refuse to cancel this PCN immediately.

    Take note that MET has hereby been informed, by this letter, that an elderly passenger in the vehicle that day has Multiple Sclerosis, and is to all intents and purposes, wheelchair bound. A copy of her Blue Badge {(or her PIP or DLA if she is happy for you to release such info)} is attached.

    I need not explain further, other than to point out the fact that a person with MS meets the definition of disability under the Equality Act 2010 (EA) and any delay was as a direct result her condition, lack of mobility and her personal needs when attending a restaurant.

    Should you fail to cancel the charge, MET - and the individual person making the decision to proceed with the matter to POPLA, whose name must appear on your letter of reply, along with their reasons for disregarding the EA - will be held corporately and personally liable for a failure to make a reasonable adjustment for a disabled person.

    I now require you to cease processing my data immediately after cancellation of the PCN and delete all records of my data from your systems. Failure to do so will result in a complaint to the Information Commissioner and a claim in the County Court.

    I would like to draw your Legal Department's attention to a judgment last month at the Leeds County Court, 3SP00071 - Blamires v LGO.

    This was a claim for damages including disability discrimination and a matter of a breach of the DPA, for which an award of five figures was granted as compensation for distress, which included a four figure sum claimed for discrimination, distress and harassment under the EA. As is now relatively well known, the DPA’s original drafting appeared to preclude compensation for distress alone, but the Court of Appeal, in Vidal Hall & ors v Google [2015] EWCA Civ 311, it was held that this was contrary to the provisions of the Charter of Fundamental Rights of the European Union and that, accordingly, there was a right under the DPA to claim compensation for “pure” distress.

    The award in Blamires was of “Vidal Hall” compensation, with the judge saying there was ''no doubt in my mind that the data breaches have caused distress to the claimant in their own rights as well as as a result of the consequences that flowed.'' The judge awarded a further £2,500 aggravated damages because of the manner in which the Defendant conducted its case, including the fact that, notwithstanding being told by the Claimant that its conduct/data was wrong, it took nearly two years for the Defendant to admit the mistake.

    I expect MET to now cancel this 'parking charge' and admit its mistake in attempting to misuse my data and demand monies you are not entitled to claim, following your abject failure to allow for the needs of the disabled population at large. You may be unaware of the fact that as a service provider, you cannot absolve yourselves of the legal duty to make 'reasonable adjustments' by stating that you were unaware of an individual's circumstances. The legal duty is a proactive one, which requires you to make policy decisions in advance, to ensure your trading model includes a reasonable adjustment for disabled drivers/passengers ''at large''.

    To assist MET with this issue, to prevent further EA breaches in future, I would suggest:

    A very simple and reasonable 'adjustment' policy might include MET using a warden on foot, as well as ANPR, to check for individual circumstances and avoid PCNs for disabled people altogether, or a method for the McDonalds staff to proactively exempt the VRNs of customers who are clearly disabled. Certainly MET could easily put up a sign which clearly informs Blue Badge Holders about their right to more time than able-bodied users, transparently offering a method to exempt their vehicle on the spot, perhaps at the store counter.

    I expect to hear from you within 14 days to confirm that the charge is cancelled. Should you fail to cancel this PCN and/or pursue a baseless claim without supplying any evidence of any breach of a relevant contract or relevant obligation, you may consider this adequate notice of my intention to sue MET, for the significant distress your actions have caused to my family.

    All letters exchanged will be used in evidence in court. I reserve the right to include your client, McDonalds, in any claim made, since that party remains jointly and severally liable for the conduct of its agents on their land.

    yours faithfully,



    your name (same person as the letter is addressed to)

    your address
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 41,251
    First Anniversary Name Dropper First Post Photogenic
    Forumite
    A Rocket Propelled Grenade from CM! Great stuff.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • edy500
    edy500 Posts: 20 Forumite
    Right ive posted my disapointment on the MCD uk twitter and received no reply etc.
    they reply about someone having a missing top bun to a burger offering allsorts of appologies but with a case like this.... no responce as yet!!

    So due to this ive now just contacted the MCD in question and been told i should have informed them that i needed longer due to my mums condition and that there are big signs informing of the time allowence which i should have seen apparently.

    so due to this unhelpful approach by the MCD in question ive now complained direct to MCD customer service number and again was told that i should have seen the signs, and was basically told i most probably wont get the response i should even after ive informed them of the situation with my mum etc

    So at the early stage it doesnt sound like MCD are willing to do anything, although they gave me a ref number for the complaint.

    So now its on to the appeal process!
    Needless to say im very prepared to go to court with this should my appeal and direct appeals to mcd etc fall on deaf ears.

    And THANK YOU so much for the stunning letter above which i will now use.
  • Guys_Dad
    Guys_Dad Posts: 11,025
    First Post Combo Breaker
    Forumite
    In post #3, I asked for the date of contravention and date of NtK. You haven't replied. This is important as they could have been out of time.

    They only have 14 days to get the NtK into your hands and it will have the date of contravention on it.

    It could be worth you answering.
  • edy500
    edy500 Posts: 20 Forumite
    the date was 15 june, i received the PCN 21 july
    what the ntk?
  • Redx
    Redx Posts: 38,084
    First Anniversary Name Dropper First Post Photogenic
    Forumite
    the pcn in the post was the NTK (Notice To Keeper)

    acronyms are explained in the NEWBIES sticky thread
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.4K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards