MET PCN from McDonalds

BrummyGit

Hello

I just received a PCN from MET today after overstaying at a McDonalds restaurant. This was a postal notice with ANPR / Photos.

I stopped for a meal and to conduct a meeting but stayed 109 mins against their limit of 90 mins.

The first odd thing is that the offence was 06/03/14, charge issue date was 12/03/14 and I received it today on 21/03/14. This means I have 5 days including a weekend to pay before their deadline for reduced payment, but also received it right around 2 weeks after the offence.

Can anyone tell me exactly when day 1 of the 14 day period starts and whether it applies to me?

I rang the restaurant, explained the issue and that I was fuming at being charged £100 for 19 minutes and the manager promised to try to sort it (never done it before, nothing to do with us, land owned by petrol station, we only rent the land, etc etc) and email me on Monday but I'm not hopeful.

What is the usual score with McDonalds and MET and am I likely to win? If not I would prefer to lose £50 rather than £100.

Thanks

da_rule

First thing, you will win.

Day one usually starts 2 working days after the letter was posted if it was sent first class (thats my understanding).

Send the template appeal from the Newbies sticky thread. Also, go back to McDonalds and speak to the manager to see if you can get it cancelled.

Umkomaas

Their 14 day rule shouldn't be confused with the statutory 14 day rule under the Protection of Freedoms Act 2012. The PoFA 14 day period starts the day immediately after the date of the parking incident and includes weekends and Bank Holidays. The PPC cannot disregard the PoFA timescale.

However, you can totally disregard the PPC's 14 day rule for the reduced payment, because if you follow the advice in the NEWBIES sticky you will be paying nothing.

Do not be seduced by their 'discount', 'special offer' or 'early bird' rubbish.

BrummyGit

Thank you both for your replies.

So if the "incident" was on 6th March, you are telling me that the statutory 14 days starts with day 1 on 7th March and expires on day 14 which would be 20th March.

My letter was delivered today, my postman is witness because he called for a recorded delivery letter and we had a conversation about the Parking Charge Notice which was visible through the envelope window. I can also prove I was working away 18th to 20th through hotel bills.

Does this mean that they cannot act within the Protection of Freedoms act, and that I should quote this in my appeal?

da_rule

BrummyGit wrote: »

Thank you both for your replies.

So if the "incident" was on 6th March, you are telling me that the statutory 14 days starts with day 1 on 7th March and expires on day 14 which would be 20th March.

My letter was delivered today, my postman is witness because he called for a recorded delivery letter and we had a conversation about the Parking Charge Notice which was visible through the envelope window. I can also prove I was working away 18th to 20th through hotel bills.

Does this mean that they cannot act within the Protection of Freedoms act, and that I should quote this in my appeal?

It can't hurt to quote it. Along with all of the other points covered in the template appeal.

Umkomaas

Failure to comply with PoFA timescales has not really been a showstopper at POPLA. As frustrating as it is that the PPC has failed to comply with the LAW with some impunity, POPLA find it more comfortable to adjudicate on the basis of no GPEOL.

So, while you will want to highlight their non compliance with PoFA requirements in your POPLA appeal, you must focus your real attention on proven winning appeal points.

1. No GPEOL
2. No locus standi/authority to enter contracts/issue proceedings
3. Non compliant signage.

Don't expend energy chasing shadows (or pyrrhic victories).

LondonGal

I agree, don't get tied up with timescales. Concentrate on the tried and tested method of appealing and asking for a POPLA code, appealing t POPLA using the info on this site and winning. Job done!

BrummyGit

Thanks, I've submitted my informal challenge online and simply added a statement that they breached the 14 day clause as an additional item.