Please help - MET McDonald's parking notice

My husband received a MET parking notice today. The date of the incident was the 10 July 2014, but we only received the notice in the post today 31 July 2014. The 14 day discounted payment from £100 to £50 expiry date was yesterday!

I was driving at the time, but it's been sent to my husband as the registered keeper. We are frequent visitors to this McDonalds and in all the years we've used them, have never even realise there was a time restriction of 90 minutes!

Myself and another family were on site during the whole time. But strangely enough the other party who came in their own vehicle 10 minutes before and left at the same time, has not received a Notice, just us.

We both have no experience of parking 'fines' on private land before and it is all a bit bewildering! There is just so much information to absorb and I'm panicking so much because we're already 21 days in from the original incident.

Please can someone help guide us (idiot proof way) if we have a case of appeal to MET?
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Replies

  • UmkomaasUmkomaas Forumite
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    I've just posted this on another McDonald's thread that has been opened simultaneously with yours. Advice there is precisely the same as the advice to you.
    Please read the NEWBIES sticky at the top of the forum index which will guide you through most of this.

    Also do a forum search using the terms 'McDonald's MET', also 'McDonald's Highview' (another PPC that McDonald's have jumped into bed with).

    You will find loads of threads showing how to deal with McDonald's.
    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.
  • edited 31 July 2014 at 11:03PM
    Sparkle88Sparkle88 Forumite
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    edited 31 July 2014 at 11:03PM
    I read the newbie post and did a quick search relating to issue of the notice, but finding it hard to bring up arguments relating to this for appeal purposes.

    Is receiving a notice 21 days after the incident a good case at appeal with MET?

    Date of incident - 10 July
    PCN issue Date - 16 July
    14 day discount payment expiry date - 30 July
    Actual receipt of PCN in post - 31 July
  • UmkomaasUmkomaas Forumite
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    Sparkle88 wrote: »
    I read the newbie post and did a quick search relating to issue of the notice, but finding it hard to bring up arguments relating to this for appeal purposes.

    Is receiving a notice 21 days after the incident a good case at appeal with MET?

    It's one point of appeal, but not 'fatal' for the PPC. Getting timings out of sync means they can't pursue the RK under PoFA 2012, so you do need to be very careful to not in any way give any information about who the driver was. But they will still try to pursue the RK; you will have to fight it.

    The NEWBIES sticky will guide you through this and you need some time to study it; if you've just had the first notification today it's hardly sufficient time to digest things.

    You will need to send off the initial appeal (as per the sticky) - exactly as it is, don't concern yourself about 'what happened'. It's almost certain it will be rejected, then it's on to POPLA, and again 'How to win at POPLA' is all there in the sticky.

    In parallel with all this you need to be complaining to McDonald's; it had worked so many times previously, so do the forum searches as advised in my previous post.
    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.
  • Thank you so much for your help. It is indeed too much to absorb, especially as the clock seems to be ticking for the first appeal.

    I just don't understand why my friend who driving her own car didn't get caught by the same cameras. Lucky escape for her, but not so for me.

    I've already sent a email to McDonalds through their website complaining and requested the manager's details for the restaurant in question.

    Not sure if they will help, because my husband rang up the restaurant earlier and spoke to someone (unclear if he was the manager) who said it was 'out of their hands'. They advised us to appeal and said the MET will then email the restaurant the details and they will then respond back to them to help? Very confused, because surely this would mean someone at the restaurant does have a say in the matter? So why let it go as far as appeal? The man on the phone didn't take our details.

    In relation to giving away details about the driver. Does it matter in any correspondence to McDonalds, to try and cancel the PCN, that we disclose who was driving? Not sure if I should trust them now.
  • RedxRedx Forumite
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    never give away who was driving unless it falls under hire/company/lease car

    the NEWBIES thread tells you everything you need to know

    yes appeal to mcdonalds but if they arent the landowner and possibly didnt employ the PPC the they may have little sway, always worth a try

    the main thing here is use the template appeal to the NTK, then if a popla code comes back check the links in post #3 of the newbies thread

    ie:- follow the flow chart in the newbies thread

    just remember the regulars here know more than you and will help you, but you need to learn the basics and accept that everything in that NEWBIES thread is correct, its also up to date advice, you wont find better advice anywhere

    so to some extent, JUST DO IT !
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Okay thanks. Not sure if I had to speak to someone at the McDonalds restaurant face to face how hard it would be not to disclose who was driving?

    Is it worth complaining to BPA about the late arrival of the Notice and it's non compliance with their code of practice? If so who do I need to contact?

    Problem is reading paragraph 9 of POFA it says:

    4)The notice must be given by—
    (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
    (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
    (5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
    (6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

    I have no way of proving it arrived late and I assume MET parking will claim they sent in on time.
  • RedxRedx Forumite
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    doesnt matter who was driving, it could have been me, I could drive your car on my insurance

    the fact is the RK complains to mickey dees as you dont expect an extortionate parking invoice after paying out good money for their products !

    POFA 2012 non compliance is not a reason to complain to the BPA, some companies dont bother with POFA but can still send the RK an invoice

    its a good appeal point to the PPC, and to POPLA, but the BPA do not expect all members to comply with POFA 2012, especially for those where POFA doesnt apply like NI and scotland

    the point is, its an appeal point in england and wales, but if it fails to comply the invpice can only be aimed at the driver, they usually have no idea who the driver is, unless some fool tells them ;) lol

    obviously its a game over who says what, and both sides will try to claim the moral high ground

    just play the game to win
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Thanks so much Redx!

    Just crazy how a trip to McD's with the kids after the movies, could have turned into something so stressful and time consuming!
  • RedxRedx Forumite
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    Sparkle88 wrote: »
    Thanks so much Redx!

    Just crazy how a trip to McD's with the kids after the movies, could have turned into something so stressful and time consuming!

    its a fact of life now which is why its been in the Daily Mail all this week

    mcd , kfc , starbucks, hospitals , health centres , supermarkets, cinemas , leisure centres , staples , b&m , b&q , retail parks , airports, ports , all sorts

    heres one about starbucks thats just been won at popla, on this same page one

    http://forums.moneysavingexpert.com/showthread.php?t=4982869
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • I appreciate sometimes there are good reasons to have parking rules, but the fines are totally unreasonable. Also with McDonalds, if you can't park and eat in the restaurant, there is the option of Drive Thru, so hardly an excuse for them to impose parking restrictions using cowboys.

    Funnily enough, if the notice had been sent within the 14 days and we still had the option to pay at the discounted rate, we probably wouldn't have even questioned it and paid up, being none the wiser. It was only because we had received it so unfairly late that we decided to look into it further and I guess uncovered a whole lot more! We live and learn.
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