Met Parking Mcdonalds

tomd84

Hey there i have got a £100 fine from mcdonlads for apparently being there over 4 hours that is wrong in the first place but more to the point do i have to pay it? as on watch dog they just tell you to bin it and nothing will come of it?


thanks tom!

Dee140157

Read the Newbie thread at the top of the page. You will see that the advice has not been to ignore since Oct 2012.
If you still have questions then come back and ask

prosnap

Lots of people (including me) have beaten Met at POPLA. They even make it easy most of the time by not bothering to follow it through.

Order of how it will happen

First .... Appeal to Met
Second .... Get a POPLA code from Met and appeal to them.
Third .... Get confirmation from POPLA that Met never submitted any evidence and you win by default.
Forth ... Get a nice warm feeling knowing you have just cost Met some money for trying to scam you ... Allegedly.


Read the Newby thread at the top of the page and come back to this page if you have any more questions.

bod1467

Fifth ... Learn how to spell Fourth.

Coupon-mad

Sixth - you never had a fine, it's NOT a 'fine!
Seventh - McDonalds Managers cancel these all the time! Go in with a copy of the offending fake PCN (do NOT try the Head office of McD's, and keep the original 'PCN').

prosnap

bod1467 wrote: »

Fifth ... Learn how to spell Fourth.

I wondered who would be the first to spot that

carrc79

Sorry to hijack this thread, but have a question.

I've stupidly (and I mean really stupidly, in that I question worth as a human being level of stupid) paid this fine.

I appealed the decision to MET, but didn't see the miniscule print that says my fine is suspended until the outcome of the appeal and so settled the lower amount or fear losing it.

The MET website simply let me settle the fine, no notice that I'd appealed and that by settling it I would close the appeal.

I've tried to get the case re-opened by calling them, spoke to some vile woman who, quite frankly, I hope comes into contact with a large object falling from a great height, and they've refused on the basis that I should have known this.

Firstly is there anyway I can force MET to re-open this case and give me the POPLA code to move forward, or is there anyway I can directly appeal to POPLA.

Secondly, has anyone considered the legal position of these notices. MET proudly boast on their website about the law being on their side, but that's because people have challenged the fine as a penalty and lost, I've got another theory.

In contract law there is something known as Liquidated and Ascertained damages, this is a clause added to contracts by the parties agreeing that in the event of a breach of contract the parties agree to pay this sum rather than go to court. If these penalty fees are not penalties and are permitted, that must make them a clause of the contract (MET admit they are not consideration for the contract).

If it is a clause of the contract, because the contract amounts to a consumer contract, it would engage the Unfair Contract Terms Act. Accordingly any provision would have to be fair and reasonable.

That would mean that the amount of the Liquidated Damages would have to be reasonably justifiable in the circumstances.

Is £100 reasonably justifiable for overstaying your welcome? I don't think so, but I'd be interested to see if MET could justify it.

Anyone got any thoughts, I'm seriously contemplating the idea of suing them under contract law as it's a small claim so no costs and I doubt they'd even defend such a claim (particularly if I spend some time abusing them so they think I'm a looney!).

It's also interesting to know that Gladstone Brooks are their lawyers, gives me someone else I can go after as well.

Hot_Bring

You should really start your own thread ( you've even admitted to hijacking it ! ).

The only way to force MET to re-open it would be to sue them for the money you paid.

The_Deep

The hassle would be enormous, and the end result uncertain. Put it down to experiemce and always read the small print in future.

Custard_Pie

carrc79 wrote: »

Sorry to hijack this thread, but have a question.

I've stupidly (and I mean really stupidly, in that I question worth as a human being level of stupid) paid this fine.

I appealed the decision to MET, but didn't see the miniscule print that says my fine is suspended until the outcome of the appeal and so settled the lower amount or fear losing it.

The MET website simply let me settle the fine, no notice that I'd appealed and that by settling it I would close the appeal.

I've tried to get the case re-opened by calling them, spoke to some vile woman who, quite frankly, I hope comes into contact with a large object falling from a great height, and they've refused on the basis that I should have known this.

Firstly is there anyway I can force MET to re-open this case and give me the POPLA code to move forward, or is there anyway I can directly appeal to POPLA.

Secondly, has anyone considered the legal position of these notices. MET proudly boast on their website about the law being on their side, but that's because people have challenged the fine as a penalty and lost, I've got another theory.

In contract law there is something known as Liquidated and Ascertained damages, this is a clause added to contracts by the parties agreeing that in the event of a breach of contract the parties agree to pay this sum rather than go to court. If these penalty fees are not penalties and are permitted, that must make them a clause of the contract (MET admit they are not consideration for the contract).

If it is a clause of the contract, because the contract amounts to a consumer contract, it would engage the Unfair Contract Terms Act. Accordingly any provision would have to be fair and reasonable.

That would mean that the amount of the Liquidated Damages would have to be reasonably justifiable in the circumstances.

Is £100 reasonably justifiable for overstaying your welcome? I don't think so, but I'd be interested to see if MET could justify it.

Anyone got any thoughts, I'm seriously contemplating the idea of suing them under contract law as it's a small claim so no costs and I doubt they'd even defend such a claim (particularly if I spend some time abusing them so they think I'm a looney!).

It's also interesting to know that Gladstone Brooks are their lawyers, gives me someone else I can go after as well.

Depends on how far you want to take this on principle over possibly losing more money. The chances of getting them to pay up without having to go through The Small Claims if less then zero. Small Claims, although they are beginning to wise up, will take into account that you paid up. If it was me, I'd take it all the way on principle, but only because I could afford the loss if it come to it.

Euphoria1z

Dee140157 wrote: »

Read the Newbie thread at the top of the page. You will see that the advice has not been to ignore since Oct 2012.
If you still have questions then come back and ask

im curious, what happens if you do ignore these tickets like people were advised to prior to oct 2012?


what is the likely outcome? do these companies take you to court? or send bailiffs round?