PCN KFC Retail Park Scotland

aleen

Hi,

A PCN was received for exceeding the 60mins time (73 minutes total stay) at a retail park KFC. Wrote to KFC using a form on their website, received response from 'KFC Care Squad' rather than manager although it was requested.

Latest response is

Thanks for getting back in touch with all of that information. As before, We'll need to to appeal this fine directly with the parking company that have issued the fine. If your appeal is unsuccessful, just let me know and we'll do our best to try and have it cancelled.
 
Our car parks are owned and run by third party companies and it's them that ultimately have the final say in cancelling any fines that they've issued. That being said, as we work with these companies, we are occasionally able to assist in getting these fines cancelled in exceptional circumstances.

What else can be done before appealing to the parking company? Also could I be pointed in the direction of templates for appealing PCNs at retail parks/ for overstaying, I have read the threads many times, the newbies stickies but seem to only find links to success stories, but not an actual template.

Also, someone asked a similar Q on PePiPoo and was advised all private charges in Scotland which are a one-off are likely to be ok to just be ignored as the company might find it cost prohibitive to take to court, is this a bad idea?

Much appreciated.

Coupon-mad

The keeper can't be held liable until new cases next year (your Government has made the ludicrous decision to bring in 'keeper liability' - madness - but obviously it won't be retrospective). 

You could play the game and send the template appeal, you are not meant to look for one about overstaying, flipping heck that's why the template exists to stop you shooting your toes off and saying who parked and what happened!  Obviously you don't say who the driver was.

Then when the appeal is rejected you can go back to KFC as they said you can. But no saying who parked!

Fruitcake

Whoever responded from KFC doesn't know what they are talking about. This is not a fine.

You could try a keeper appeal to the PPC, but one slip about the driver's identity and as already mentioned, you will have shot yourself in the foot.
Personally I think it would be safer to ignore this as far as the parking company and their agents are concerned.

Complain to the CEO of KFC and your MSP. The latter should be given a good hammering for allowing a law to be introduced in Scotland (Thee Transport Bill, Scotland) that will soon mean that a vehicle keeper can be held responsible even if they weren't in the vehicle at the time.
Your Dear Leader wants independence from the rest of the UK, yet has introduced this ridiculous law from across the border. Scottish motorists and Scottish courts are going to get a nasty surprise next year, especially as the parking companies have conned the government that allowing an extra £70 charge for debt collection fees is perfectly acceptable on top of the existing parking charge.

D_P_Dance

Also complain to your MP. 

Coupon-mad

Can you confirm you have done the Government Consultation?   It will badly affect Scotland too.

We are also getting people to complain to their MPs and ask questions of the MHCLG because there is a horrific mistake in the proposed framework that will CAUSE court claims

Government Consultation re private parking charge levels, August 2021: PLEASE BOOKMARK THIS THREAD — MoneySavingExpert Forum

We are calling for everyone to do a full and robust response by email to the MHCLG, attaching evidence of what happened to you and what you think is wrong about £100 charges and fake debt recovery ‘fees’ that no PPC actually incurs or pays. 

We also need people to contact their MP to ask questions about why the MHCLG appear to have performed a U-turn on their March promise to cap parking charges, and why instead they propose to fund the race to court at £70 a time from victims

https://forums.moneysavingexpert.com/discussion/comment/78517562/#Comment_78517562

To anyone reading this: PLEASE DO THIS IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER,

I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

D_P_Dance

IMO an hour is not long enough to "enjoy" a meal in a fast food restaurant, especially if kids are in tow, there is a queue, and toilets have to be visited.  .