Appealing MET PCN in McDonalds car park

Hi all,

I recived a PCN in the post. It has timed images of my car entering and exciting the McDonalds car park where there a maximum stay of 60 mins and I had stayed for 90. This is correct as friends and I sat eating and chatting for a while but had no idea there was a parking limit.

I have no receipts as we paid cash so I can't complain to McDonald's. So question is would the standard appeal letter below be okay and do you think I should add anything?

Thanks a lot in advance!



Dear Appeals Department

RE: PCN number xxxxx

I have received your parking charge notice.

I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:

A The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss.

B You are not the landowner and do not have locus standi.

C Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract.

If you choose not to cancel this charge you must issue a rejection letter in reply to my appeal, explaining:

1 The legal basis of your charge (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegation.
If you try to rely upon ParkingEye v Beavis at POPLA, I will point out that it was a flawed decision, it is not binding, and it is set for review by the Supreme Court. There is clearly no commercial justification for this punitive charge and no case law to support it.

2 Proof of your locus standi to offer contracts to drivers at this site.

3 A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.

4 The means to make an appeal to POPLA, otherwise you will be reported to the BPA and the DVLA.

Regards

Replies

  • RedxRedx Forumite
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    use the standard appeal and dont admit to anything , especially not being the driver (if you are the driver)

    yes you can complain to McDonalds

    they employed these parasites and set these time limits too (or they let the PPC do it)

    if they wish to get your custom , they should cancel the charge as you were a genuine customer, cash or not

    if you inadvertently did not pay for a chocolate bar in a supermarket that your child had eaten off the shelf, is a punishment of £1000 , plus 50 lashes and cutting off your left hand a reasonable "punishment" ?

    I thought not ! so neither is this exorbitant charge for a supposed breaking of their rules
    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
  • HajHaj Forumite
    28 Posts
    Thanks Redx I'll complain to mac's first then appeal if that doesn't work..

    Thanks again.
  • RedxRedx Forumite
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    dont leave it too long to appeal, delaying it could mean any appeal is rejected as "out of time" due to the 28 day limit

    you should be doing BOTH !
    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
  • HajHaj Forumite
    28 Posts
    Yes I understand. I only received the notice last Thursday so plenty of time to appeal.

    I have to call back Mac's tomorrow to speak to the store manager but are you suggesting I should appeal to MET regardless of what the store manger tells me? I was under the impression Mac's could inform MET to cancel the charge? .
  • FruitcakeFruitcake Forumite
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    Haj wrote: »
    Yes I understand. I only received the notice last Thursday so plenty of time to appeal.

    I have to call back Mac's tomorrow to speak to the store manager but are you suggesting I should appeal to MET regardless of what the store manger tells me? I was under the impression Mac's could inform MET to cancel the charge? .

    Yes. Do both. Don't rely on someone who is employed by a company that employs a company to scam its customers.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
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