UKPC seem to be ignoring my appeal!

Terry_C_2

Hi all,
Total newbie to this but desperately need some help and guidance on how to proceed with this matter. To make it easier to understand I’ve separated the events into, What happened, My reply and Current situation.


WHAT HAPPENED
On 1st of October me and my wife went to McDonalds in Cleethorpes, we had with us 2 elderly (80+ years old) disabled people (blue badge holders). When I entered McDonalds I took the wrong lane and ended up in the queue for takeout meals. It took another 5-10 minutes before I could get into the car park proper.


We had a meal, which took longer than normal (because of the passenger’s disabilities), but we left the premises in plenty of time.
When we got back to the car I found that I was unable to reverse out of the parking space because another vehicle had parked too close to mine. So I went back into McDonalds, found the driver and he kindly moved it to allow me to get out.


I never gave a thought to the time I had been delayed.


Then, around the 30th October I received a Charge Notice Reminder from UKPC claiming that I owed them £100 for over parking by 16 minutes in McDonalds.


MY REPLY
I wrote back to them stating roughly what I have said above and pointed out that I was not 'parked' for the amount of time they had stated because I was in a queue of moving traffic for 5-10 minutes in the drive thru lane, and when attempting to leave McDonalds (within the time allowed) I was detained by another vehicle. And I considered McDonald's to be negligent by allowing a vehicle to obstruct my passage of exit. In addition I believe that McDonalds is breaking the Equality Act 2010 by indirectly discriminating against people with a disability, (which happens when an apparently neutral provision, policy or practice disadvantages disabled people more than others, in this case by not allowing them the extra time they need to use McDonalds facilities without incurring a penalty). As I had not received any previous correspondence I also wanted to know why the notice was entitled ‘Charge Notice Reminder ‘.


CURRENT SITUATION
Didn’t hear anymore and I thought they had accepted my arguments, but today I’ve received a letter from DRP demanding payment of £149.99 for the unpaid parking charge.



I’m at a total loss what to do next, any help would be appreciated.
Thanks in advance

pogofish

You need to read the Newbies Sticky for the best choice of options for seeing them-off. UKPC/DRP are amongst the easier ones though.

Did they send you a POPLA Code? - if so, you must prepare your appeal properly and couch it in the winning terms outlined in the Newbies Sticky. What actually happened means very little and any appeal based on fact will almost inevitably fail.

And you should also be boxing McD's ears over any Equalities Act issues as they would be held jointly and severally liable in any action against their agents.

Terry_C_2

Thanks for the reply Pogofish

I did read the Newbie's Sticky but I thought my case maybe too late to use the recommended template. Do you think it would still be valid at this stage?

pogofish

If the time limit for appealing to POPLA has expired and you can't reset the clock, then hitting McD's with a strong complaint under the Equality Act is your next step - All this is covered in the sticky.