Help! McDonalds Parking Fine - Overstay

jedbriant

Hi all

I am someone who has used this forum several times before and have been very lucky up until now. So far have won in court once and had a couple fines cancelled.

I am hoping for some advice. We had a minor house-fire, I say minor as was put out by us although did alot of damage. Whilst out of the house that evening we took the kids to McDonalds and head likely scrambled! Overstayed by 15minutes, arrived 17:04 and left 18:50 with a 90minute limit, caught on ANPR. I have only received initial letter yesterday.

I have spoken to McDonalds as we have proof of two seperate orders, one for food and one for deserts for kids - One has autism and has needs around food and does take long to eat but also being a stressful day, I am sure you can imagine makes it all rather longer and stressful day.

Now, I was thinking of appealing with receipts for McDonalds but understand this may be a waste of time. McDonalds when I went in and spoke to the manager said I shouldn't have overstayed and no sympathy what so ever, I may make a complaint to head office but separate matter I think?

On the letter, the picture of entry of car is very clear. Picture allegedly of our car leaving is very unclear, car looks red but our car is white, reg is not legible at all, have asked many people to look who could not interpret registration but ANPR somehow has? Could this be mistake on ANPR's part? Looks like wrong vehicle to me.

If anyone has any suggestions on what approach to take I would be most grateful, I will stick to all usual Newbie tips and not identify or admit to being driver. But, I am thinking my only hope is to inform them we do not remember leaving that late and that picture doesn't look like our car and reg is not legible therefore am not convinced I owe this invoice.

Any advice, opinions is all welcome, thanks so much as always. Draft response below:

Dear Civil Enforcement,

I am writing as the registered keeper of the vehicle to formally dispute the parking charge referenced above. I categorically deny any liability or contractual agreement in relation to the alleged infringement, and I would also wish to register a formal complaint regarding the predatory nature of this charge.

It has come to my attention that the ANPR evidence appears to depict a red vehicle leaving a car park, which is inconsistent with the white vehicle I own. Furthermore, the registration details provided are not legible and do not correspond with my vehicle’s registration. In light of these discrepancies, I respectfully request that you provide:

• A detailed explanation of the allegation, including a clear, close-up photograph of the signage purportedly displayed at the relevant location on the incident date.

• All images and evidence supporting your claim, particularly those that confirm the vehicle involved in the incident.

• If applicable, the complete record of any payments made (with partial VRN details) and a comprehensive explanation regarding the basis of the charge.

Please note that I do not admit to being the driver on the day of the incident, and as the keeper, I require that any assumptions drawn be strictly verified against accurate evidence only.

I trust that upon reviewing the inconsistencies in the evidence provided, you will consider revoking this parking charge. I would appreciate your prompt response to resolve this matter in a fair and transparent manner.

Yours faithfully,

XXXX

Blindside6

In addition to the advice on the Newbies thread, you might also mention (penultimate paragraph of draft letter) that that Civil Enforcement cannot rely on any inference that the keeper of the vehicle was the driver, per Vehicle Control Services v Edward [2023].

https://www.scribd.com/document/676990739/VCS-Limited-v-Ian-Mark-Edward

Your draft letter is measured and strikes the right notes. Well done, so far!

1505grandad

"It has come to my attention that the ANPR evidence appears to depict a red vehicle leaving a car park, which is inconsistent with the white vehicle I own."

FYI  -  the KADOE contract states the following re data obtained from DVLA:-

https://www.whatdotheyknow.com/request/current_dvla_kadoe_agreement_for/response/2567601/attach/4/FOIR11172 UK Car Park Management Ltd Redacted.pdf?cookie_passthrough=1

"B8.2. The Customer shall ensure before relying on any item of Data that the Data provided matches the information in the request (for example, so that the model, type and colour of the vehicle match) and shall not seek to recover payment where the Data provided does not match the vehicle information in the request."

Blindside6

1505grandad said:

"It has come to my attention that the ANPR evidence appears to depict a red vehicle leaving a car park, which is inconsistent with the white vehicle I own."

FYI  -  the KADOE contract states the following re data obtained from DVLA:-

https://www.whatdotheyknow.com/request/current_dvla_kadoe_agreement_for/response/2567601/attach/4/FOIR11172 UK Car Park Management Ltd Redacted.pdf?cookie_passthrough=1

"B8.2. The Customer shall ensure before relying on any item of Data that the Data provided matches the information in the request (for example, so that the model, type and colour of the vehicle match) and shall not seek to recover payment where the Data provided does not match the vehicle information in the request."

Thank you, that's a great find. The Devil is in the detail, taking down the PPCs.

Le_Kirk

I would also write to McDs and thank them for their sympathetic response to your situation, explaining that you cannot afford to eat there ever again if every meal comes with a £100 surcharge.  You have passed on their attitude to your friends and family and hope they take the same sympathetic attitude towards McDs!  Local newspapers love this sort of story.

fisherjim

As an aside McDonald's purposely design their seating to be uncomfortable called "the 15 minute chair" the theory is that after 10 minutes you will want to leave as sitting there much longer isn't very pleasant. 

It means they can get more people in and out in a building with a smaller footprint.

I suspect the policy is why they rarely support their customers in parking over stays.

Gr1pr

jedbriant said:

Hi all

I am someone who has used this forum several times before and have been very lucky up until now. So far have won in court once and had a couple fines cancelled.

XXXX

In which case I am sure that you are aware that these private parking company charges are not fines   ( magistrates issue fines   ), but are invoices for the alleged breach of the parking contract on that private property 

Car1980

McDonald's don't have anything to do with this though. They just fit out the premises and deliver the food.

You need to have a go at the franchisee.