PCN Ocean Parking McDonalds Wisemore

SG91

Hi!

I have just received one of Ocean Parking's £100 Penalty Charge Notices for parking there from 11:14-11:49

I am quite shocked as there was no signage and no option to put in my reg once in McDonalds. I have since found out that you have to ask staff for the tabled.

Having read similar posts it seems this place is a hotspot for fines issued. There is even an online petition and an article in the local paper.

I would like to appeal and have just contacted McDonalds via their online assistant - apparently I will receive a reply in the next 5 days.

I am slightly confused on the next steps I should take (I have read the sticky thread) - do I wait for McDonalds or go ahead with the appeal?

Thanks!

SG91

Here is the letter received

Coupon-mad

Ocean POFA and non-POFA worded NTKs are both shown here, so you can see which version you have, without us having to tell you:

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-parking-firm-ntks/p1

SG91

Thank you. Please excuse my ignorance but what difference would it make?

Coupon-mad

This is all stuff that's in the NEWBIES thread already, so no new poster has to wonder (and the resource is there so we don't have to repeat the basics on every thread, or we'd drown!). 

SG91

Thank you! I have checked the thread and compared the letters and the letter is a POFA worded letter but was sent within the timeframe. My next step is to use the template below. Would I tweak it to include something about the tablet to input my car reg not being accessible inside McDonalds?





I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Coupon-mad

Yes do add that; just remove the bit about PDT machines.

nopcns

That NtK fails PoFA 9(2)(e)(i) as there is no invitation for the keeper to pay the charge.

Coupon-mad

I think the second paragraph is probably good enough. It asks for the money and makes it clear you can choose not to pay.  Can't see POPLA thinking that choice of words is non-compliant.

SG91

Thank you. Does this look ok? We sat in and ate in at McDonalds and didn't even realise there was a requirement to input a car reg because there was no tablet available to do this. Also, on the ocean parking website it requires a reason for appeal - do I just put 'other'? Or would I put 'I was authorised to park'? 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle. 

The supposed tablet used to input my car registration was not accessible in McDonalds restaurant, so I also require evidence that this exists and what the agreement is with McDonalds customers who eat in the restaurant. 

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Coupon-mad

Change:

The supposed tablet used to input my car registration was not accessible in McDonalds restaurant, 

to

If there was a tablet to input car registrations (which the appellant is guessing following receipt your generic PCN) it was not prominent nor visible at all in McDonalds restaurant.  Prove it was there. Prove it was working. Prove there are conspicuous signs inside McDs drawing consumers' attention to whatever the requirement might have been.