Please help me re parking fine at McDonalds?

Gillb_2

hi there -i know there is a load of information here but I really cant figure it out and really dont know what to do. Would some kind person tell me what to do and I would be eternally grateful?! Im in England, got a ticket at McDonalds - we were in McDonalds the whole time (and actually (genuinely) discussing the wording for my mum's headstone with my sister) we ate and had coffees and were there for 2 1/2 hours. Im on the 2nd letter (charge notice reminder) from UKPC (UK parking control Ltd).

I resent this terribly as we were in McDonalds the whole time. Yes there is a notice up but I didnt pay any attention to it as I thought it was just a warning that it was for customers only - in fact I dont think it entered my head that we had done anything wrong!

I havent done anything so far, can someone please help as I really cant think straight at the moment and cant figure out what to do.

thanks so much in anticipation.

Gil

Half_way

Is the mc donalds local to you?
if possible you should pop in and have a word with them about whats happened, and then be polite and be firm and tell them that its an unlawful penalty charge etc etc, UKPC have no lawful right to issue such penalty charges regardless of what any signage states, and then ask them what they are going to do about it.
if they tell you to contact the parking company tell them that the parking company are their agents and they ( that mc donalds) are fully responsible and liable for the actions of their agents, shold this matter not be resolved then you will be holding that Mc donalds liable for any costs associated in cancelling the unlawful penalty, and you are also minded to take action against them for harrasment.

Gillb_2

Thanks so much - yes it is local to me - I will go there tomorrow and let you know what happens. Dont they have any right to issue such penalty charges and what will happen if I d?ont do anything

I really appreciate your speedy response.
thank you,
Gillb

Half_way

Only the police courts and statorory authorities can issue fines/penalties, Mc Donalds, UKPC or any other private parking company is neither of those.
I would suggest that you take a good read at the newbies threads on parking tickets.
The quickest way to see this off would be to complain to the Mc doanlds manager as detailed above, if however that fails then you should also start a challenge to the parking company, as well as continuing to remind Mc Donalds that you will be holding them liable for any costs that you incur as a result.
Use the circumstances detailed in your original post to challenge this to the parking company, also mention that if they dont agree to tcancell this charge with immediate effect they must send you a POPLA verification code, state that you are fully aware that the decisions of POPLA are only binding upon them ( the parking company ) and not on you, the registered keeper.
If you do have to go down the POPLA route, you will not be able to use mitigating circumstances, it may sound strange but POPLA will only deal with cold facts, such as not a genuine pre estimate of cost, no right to offer a contract no valid contract and so on - post again if it comes to that and you should get some help on how to successfully compose a POPLA challenge.

but for now - do some research and complain to Mc doanlds - they are responsible for the actions of their agents.

Gillb_2

thanks very much. I will do as you say. this is all very complicated isnt it? thanks so much,
Gillb

Redx

Gillb wrote: »

thanks very much. I will do as you say. this is all very complicated isnt it? thanks so much,
Gillb

no , not really , you just have to get your head around the fact you have been invoiced for an overstay on a car park owned by "somebody" and managed by a PPC

so as you have a valid complaint you complain to the store manager / store head office and check if they are the landowner, produce copies of valid receipts and strongly suggest that the shop or landowner waive the parking charge

you may have to construct a soft appeal to the PPC to prove various legal stuff using simple templates and guidance from this forum, and deny the PPC charge , asking for a POPLA code if they do not waive the charge

then if none of the above happens you use a better appeal to POPLA with other templates and guidance from here in order to get your appeal upheld and the charge waived , but not using mitigation as that would fail due to the fact they dont recognise mitigation, just legal arguments

that is the basis in a simple form, the complicated stuff has all been posted on here many times before, with excellent advice in the 8 sticky threads at the top of the forum

keep all receipts and bank statements and any other proof, take pictures of all the signs on the car park too whilst you are there

good luck

Guys_Dad

https://forums.moneysavingexpert.com/discussion/4816822

Read this link for straightforward help.

Gillb_2

Thanks everyone for your help. I have spoken to the manager at the McDonalds and he is going to recommend they drop the charges - he said there was no guarantee though - is that the end of it do you think? I feel relieved as this has been worrying me a lot!
Gill

Redx

I would send something like the following to the PPC too , just to be on the safe side

Name
Address

Dear UKPC Ltd

I am in receipt of your notice to driver/keeper invoice xxxxxx , (reg number), as the keeper of the vehicle I wish to invoke your appeal process on the following points

1) this is not a genuine pre-estimate of loss
2) you do not have authority or contract to issue these invoices
3) your signage is not compliant to the BPA Code of Practice

So you are invited to cancel this charge, or supply a popla verification code if you reject this appeal.

please also note that I have spoken to McDonalds and they have also agreed to waive the parking charge on this occasion so I expect you to do the same

Sincerely

The keeper

The_Slithy_Tove

Gillb wrote: »

Thanks everyone for your help. I have spoken to the manager at the McDonalds and he is going to recommend they drop the charges - he said there was no guarantee though - is that the end of it do you think?

What do you think? Not exactly language conveying absolutes, is it? Tell the McD manager to provide you written confirmation that the charge is cancelled, and likewise from UKPC.

Gillb_2

Thanks Guys dad and slithy tove - I have reworded my email and not admitted to being the driver in it and copied UKPC into it and sent a separate one to them also with more or less your suggested wording Guys dad. Thanks very much indeed for everyone's help with this which has been very valuable.
Gillb