**Double dip PCN** - MET parking services at Leisure World McDonald's, Colchester

chester_mand

********Update******* 03/07/2017

The manager of McDonald's has agreed to cancel the ticket and has confimration me an email confirmation. Big success.

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Hi All,

I received my PCN by postal (NTK) today. The incident happened on 17/06/2017 and the PCN issue date was on 22/06/2017.

My entire stay at the McD's was 138 mins but the free parking was only up to 90 mins at a time. I read from the Newbie's thread that all cases should be made to the retail first but in my case, i have overstayed for almost an hour so i have no idea on how the complaint letter should be drafted to ask the ticket be voided. One thing for sure that i was a customer but unfortunately, i do not hold the receipt any longer but a transcation record could be retrieved by logging into my online banking.

Also, as mentioned in the thread's title that MET has provided me with two clear photographs of my car entering and leaving the permises. (Enter) - Date 17/06/2017, Time: 08:43 (Leave) - Date 17/06/2017, Time 11:01. By reading one of the threads on this forum, i was made to aware this is also known as "Double dipping" and i'm in a positive to ask for a compensation but i would be happy with not paying the fine.

Any advice on this would be much appreciated.

Many thanks,
Chester

nigelbb

You misunderstand. You overstayed by 48 minutes. Double Dipping is where a motorist visits twice but the first exit & second entry are not recorded so that it appears that there was on long visit.

Complain to MacDonalds that you were a genuine customer being penalised for spending time in their restaurant.

DoaM

OP first posted this in the Motoring board.

https://forums.moneysavingexpert.com/discussion/5670209

chester_mand

nigelbb wrote: »

You misunderstand. You overstayed by 48 minutes. Double Dipping is where a motorist visits twice but the first exit & second entry are not recorded so that it appears that there was on long visit.

Complain to MacDonalds that you were a genuine customer being penalised for spending time in their restaurant.

Thanks for the advice. Any idea on what channel i can complaint with?

chester_mand

DoaM wrote: »

OP first posted this in the Motoring board.

https://forums.moneysavingexpert.com/discussion/5670209

Yes yes. Sorry i'm still a newbie. I don't know how to remove the post nor move to post from one board to another.

chester_mand

I went to spoke to the manager just now and he asked whether i have appealed to MET as normally i would have to do that first.

Anyway he said he will have to check their CCTVS and make sure that i was at their premisses for the entire period, which i was and he will make an appeal on behalf of me. I asked him whether he could CC me in any emails that he is going to send and he said he can't as he can't give out the company's email address for some reason. But he said he will personally forward those on to me.

What do you think guys?

patman99

MET will take no notice of McDonalds manager and his request to cancel the invoice.

I have searched the Council Planning Portal and there are no planning applications for signage/ANPR equipment as required under the &C(advertising)P. Act, so this is worth keeping under your hat in case your first appeal to Met Parking and subsequent appeal to POPLA fail.

You need to remember that -

1. Met Parking have no landowner rights for this land.
2. Under English Contract Law, a 3rd person cannot establish a contract between the land owner and the land user, so no contract exists, ever, not even for 1 second.
3. Only the landowner can bring a claim (in this case, McDonalds) and then, they can only claim for actual provable losses.

At the top of this forum section are a good collection of stickies. I would suggest you take time to read them.

Just remember one thing. By carefully using the power of social media, you could warn others about MET's actions and encourage them to avoid this particular branch (Tollgate McD's is on land rented from British Land who have recently dismissed the PPC that operated on their site as part of BL's new more open policy towards shoppers).

You can vote with your feet and cause the Cowdray Avenue branch of McD's to suffer financially.

chester_mand

patman99 wrote: »

MET will take no notice of McDonalds manager and his request to cancel the invoice.

I have searched the Council Planning Portal and there are no planning applications for signage/ANPR equipment as required under the &C(advertising)P. Act, so this is worth keeping under your hat in case your first appeal to Met Parking and subsequent appeal to POPLA fail.

You need to remember that -

1. Met Parking have no landowner rights for this land.
2. Under English Contract Law, a 3rd person cannot establish a contract between the land owner and the land user, so no contract exists, ever, not even for 1 second.
3. Only the landowner can bring a claim (in this case, McDonalds) and then, they can only claim for actual provable losses.

At the top of this forum section are a good collection of stickies. I would suggest you take time to read them.

Just remember one thing. By carefully using the power of social media, you could warn others about MET's actions and encourage them to avoid this particular branch (Tollgate McD's is on land rented from British Land who have recently dismissed the PPC that operated on their site as part of BL's new more open policy towards shoppers).

You can vote with your feet and cause the Cowdray Avenue branch of McD's to suffer financially.

WOW:shocked::shocked: So to be very honest, they weren't supposed to operate there at all?

I have read through the **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** sticky thread. Coupon-mad has suggested in the post that go and complaint to the retail first before submitting am appeal to the parking managment. As i have spoken to the McD's now, do you think i should just appeal to MET directly?

Coupon-mad

So to be very honest, they weren't supposed to operate there at all?

Not really, McDonalds contract with them. So they *can* operate there. No-one stops them.

As i have spoken to the McD's now, do you think i should just appeal to MET directly?

Yes, without saying who was driving, but stating that the occupants of the car were in McDonalds and have complained to the Manager, who is contacting MET to cancel it.

IMHO, MET do cancel when McD's managers tell them to, but you need to send an appeal too, not saying who was driving, so not 'me, myself or I'.

nigelbb

patman99 wrote: »

You need to remember that -

1. Met Parking have no landowner rights for this land.
2. Under English Contract Law, a 3rd person cannot establish a contract between the land owner and the land user, so no contract exists, ever, not even for 1 second.
3. Only the landowner can bring a claim (in this case, McDonalds) and then, they can only claim for actual provable losses.

OP just ignore this advice as it's complete bollox. Parking companies issue tens of thousands of court claims against motorists every year. Read the stickies & follow the advice of Coupon-Mad & other regulars rather than that of ignorant keyboard warriors

DoaM

nigelbb wrote: »

OP just ignore this advice as it's complete bollox. <snip> rather than that of ignorant keyboard warriors

A bit harsh, especially given C-m herself thanked that very post.