Return to car park in same day

Park_Life_Green

Hi everyone,

I have received a claim form which I am currently drafting a defence for. I have read the Newbies thread which was really helpful.

The claim relates to 2018 when my partner used my car and stayed in the car park for 3hrs 45 mins when the max stay was 90 minutes. However, he actually left the car park and returned and doesn’t think either of his visits exceeded the max stay.

I no longer live locally but a friend has sent a photo of the signage at the car park (assuming it won’t have changed since 2018?!) and there is no mention of any Ts & Cs about not returning to the car park within a certain timeframe.

My question is would it be enough to only talk about this in the defence? The defence template in the Newbies thread goes into lots of detail on other points. For info I never contested the charge at any point - I don’t know if they would have footage of the whole time the car was there or just first and last entry/exit photos. As mentioned above my partner can’t be 100% sure that each of the two stays was 90 mins or less.

Thanks in advance 

go-on-then

What is the actual reason given for the pcn ??

You could use google street view to possibly check any signage around the time of the incident.

If it is a 'no return within'  scenario they will have to prove who was driving on each visit,  just because the vehicle returned to the car park, it doesn't mean it was the same driver.  Do not disclose the driver.

Park_Life_Green

Hey, reason for PCN is for overstaying the 90 minute max stay.

Attached a photo of the current signage as I don’t believe this makes any mention of not returning to the car park.

Will see if I can use Google street is for 2018 images.

Thanks

go-on-then

What happened when you complained to McDonalds ?

Park_Life_Green

I didn’t take any action to the previous letters I received or get in touch with mcds 

go-on-then

Can u post a redacted image of the pcn.  Do not disclose any personal details. 

Trainerman

I would still have a go at Plan A . Even more so if one of those visits was to Mcds. As a loyal customer you want them to step in. If every visit comes with a £100 surcharge then other fast food outlets would surely like your business !

Park_Life_Green

As I’m preparing the defence for the claim form and at the last point in the process thought it would be too late for that? Especially as I never contested any of the letters before - although can give it a go if I can work out how to get in touch with mcds (their website doesn’t seem to make it easy!)

Below is PCN (sorry spilt a drink on it at some point so a bit damaged):

Trainerman

Well if too late for that, you would be defending on double dipping and/or poor signage. Do you have any evidence (ie receipts) that could help with that ?
If you do want to have a punt at Mcds helping you,  I have found customerservices@McDonalds.co.uk  and paul.pomroy@mcd.com. He is apparently the CEO

Park_Life_Green

Thanks it’s worth a shot! 

KeithP

What is the Issue Date on your County Court Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.