My Parking experience....

imnothappy

read and decide....

Re Smart Parking and KFC, Bury Road, Prestwich.

My story is long and drawn out so for this email I will provide you with basic facts via bullet points:

1. Having met a lady online we decided to meet up at KFC in Prestwich. We parked, entered and enjoyed some three hours of conversation while purchasing KFC products. We left the premises and travelled home.

2. Three weeks later we again met up in the same KFC. 15 minutes after sitting down a member of staff approached and said, “if you wish to stay more than 2 hours you will need to provide your vehicle details so we can inform the parking company”. My first response was “what is the 2-hour limit”, I then approached the counter to provide our details. I asked again “what is the 2-hr limit”? she informed me the carpark had a time restriction on usage although if our details were put into the computer no charge would be forwarded. She tried to enter details but failed and spoke with the manager who informed me that the “camera was not working today”, so not to worry, I returned to my date.

3. 24 hours later we both received parking notices via the post for £100. I immediately contacted KFC and my reply was as follows: -

If you believe you have been issued this fine in error, we advise you to appeal it as per the parking control company guidelines which are outlined in the parking charge notice. Each and every appeal is investigated on its own merits, and we encourage you to provide them with as much information as possible so that they can consider any mitigating circumstances. Unfortunately, there’s no guarantee they’ll be able to waive your ticket and if you’ve already paid the ticket, they will be unable to cancel it. As the fine has been issued by a 3rd party company, we would not be in position to assist with this.

This response clearly sets out that KFC have NO connection to the parking company, Smart Parking. This was the start of the numerous lies that KFC used to try and distance themselves from Smart Parking. My first email response pointed out the following: -

a.       KFC staff NEW that while we sat on our first visit, we had fallen foul of the parking restrictions and said nothing.  In further research I found that KFC had broken Duty of Care regulations.

b.       All staff at Prestwich including the manager NEW we had received a parking notice’s before I and my date NEW or had received any formal correspondence.

c.       The manager stated that the camera was not working on that day, how could this be the case?

d.       Once I challenged and destroyed the original email response, I was contacted by a senior complaints manager!

4. On initial contact with the senior complaints manager I was treated with arrogance, constant use of the word “FINE” not  parking notice and a demeaning attitude, which came across as “just pay the £60 and its all sorted”.  My emails then turned to how KFC had lied and suggested that they were in collusion with Smart Parking, which he never denied.

Collusion, a heavy word to use!!

a.       KFC first response is that Smart Parking are 3rd party company and therefore totally independent. KFC staff new both my date and I had allegedly contravened any parking regulations, on our first visit.

b.       KFC observing the same couple coming into KFC some 3 weeks later, sort to mitigate a second charge (which would be great news headlines) by providing a full proof exemption.

c.       I continued to complain to KFC and was issued with a second parking notice, while my partner did not, we both spend more that 2 hrs at the property due to the manager informing us the camera was not working!!

d.       Following more pressure from myself the senior manager stated that he would ask KFC manager to rescind our parking charge. KFC manager ability to rescind parking notices!!!!

e.       My date had her first parking notice cancelled, by quote “the KFC manager’s discretion)!

f.        My first parking notice as I write has yet to be cancelled and I have received a second?

g.       Smart Parking are a business, like it or loath it, but business all the same. What I find absolutely extraordinary is that Smart Parking, having set out their stall would accept a potential loss of £400 for in their view breaches of their parking guidelines (note the legitimacy of a claim depends on a contract being proven) .  

Do KFC pay smart parking £60 if they decide to cancel a misdemeanour to avoid bad publicity?

Within my last correspondence to KFC, I detailed the following~:

I have enough information and evidence to proceed with a prosecution against KFC for breach of Duty of Care legislation. Summary~: -

English Tort Law, Duty of care in English law, Pure economic loss: -

a.       Instances where a duty of care is recognised generally involve the negligent performance of a service, or the negligent misstatements of professionals, which are then relied upon by others.

b.       If you breach your duty towards a customer, your business will be liable for the harm suffered. Therefore, you will have to pay the customer’s damages, such as medical expenses and the loss of their earnings. 

c.       It is not just physical harm that you must keep in mind regarding duty of care. You may have an obligation to prevent your customers from suffering psychological or economic harm.

My last correspondence to KFC was to lay out my legal stance and requested they take me to court. KFC manager stated he would contact yet again the manager of Prestwich branch to get the “FINE” cancelled. I requested the name of a senior manager within the UK to which could speak with.

I have had no further response, that is around 2 weeks ago.

 

Sorry so long…  😊))

B789

Good luck... I think you're going to need it plus a ton of advice to carry your threat to sue KFC for this PCN.

Why would KFC bother to sue you? Your immediate issue is with the PPC who issued the PCNs. Do you have any photographic or written evidence of the KFC staff telling you about the "broken camera" and not to bother with entering your car details or that the keying device wasn't working?

If you want to do something about the PCNs for now, we have to assume that you've both revealed the identities of the drivers but have a read, and re-read and read again the Newbies/FAQ thread near the top of this forum.

imnothappy

Not Said KFC sue me, was thinking id sue them...  your right...  just conjecture..  maybe in a county court under oath they would tell truth...  

imnothappy

why would KFC staff treat customers like idiots?

imnothappy

well i read a lot and have open mind..  

imnothappy

all ill say I've and a lady i was with had 3 issued and i quashed all..

first acknowledge company and say i not sure who was driving  

Umkomaas

Have you checked the Smart Parking website for the current status of your parking charge?

Grizebeck

Smart are easy to beat
prosecution? You obviously dont know what your talking about

imnothappy

ok.. your right

imnothappy

already beaten 1..  

Grizebeck

But how do you intend to prosecute anyone