Today I got a parking fine in the post for Mcdonalds in Uxbridge from MET parking services.
Last week I was on my way to the vet and stopped there to use their toilets before continuing to the vet. I then went to the vet and was there for 1h10m before returning to Mcdonalds on the way back (1h20m later) for coffee.
They are claiming I was there from the first time I entered until the second time I left and have sent photos. What I want to know is, where are the photos of me leaving the first time and re entering later? Maybe I'm a cynic but, I feel they might just be trying it on. Luckily the vet has CCTV and computer records showing I was there but, If I was somewhere I couldn't prove I'd had been stuffed with paying a fine I don't deserve.
Being a bit miffed by this I feel like charging them an admin fee for wasting my time.
Edited by Wackyracer on 21/07/2016 at 13:36
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If you want the equivalent of charging them an admin fee, write back refusing to pay, and telling them to take you to court. They'll then (hopefully) escalate to solicitors letters (which cost them money), which you ignore, and then, in the best of worlds, a court action. You then turn up in court, get found not guilty, and they get all the court costs too.
You then inform them that if they don't pay you what you consider to be suitable compensation, you will take out a private prosecution against them for Malicious Prosecution
Win all round !
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Unfortunately, they're likely to just keep on sending you speculative invoices, with more and more threatening notes attached, until they give up in a year or so.
But it would be nice ...
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You have to go down the proper channels now, appeal it with POPLA.
popla.co.uk/
Rob's advice is now a little out of date.
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First thing is don't say I did this, I did that etc.
Everything needs to be in the third person - "the driver did this, the driver did that" etc.
Change your post now.
This is important as if they don't know the driver they are stuffed if they don't follow procedure to get this pinned on the registered keeper - most notices don't meet strict requirements of the law so they can't chase the keeper. If they don't know the keeper or driver how can they get their money?
Don't dive in with a rushed appeal or enter anything on POPLA at this stage - POPLA is set up to see you fail.
Spend the time reading around the subject - Pepipoo or moneysavingexpert have lots of posts about MET parking and plenty of initial appeal letters - then use these sites to frame your arguments.
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All good advice above if you get to that stage: but I think your first stage should be a brief, polite letter to MET stating the facts.
You have a good chance of them waiving the fine, and saying 'don't do it again'.
If that doesn't work, then proceed as advised above, although I would beware of legal proceedings that could cost you more than the fine. Sometimes standing up for your principles, although admirable, may not be cost-effective.
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www.honestjohn.co.uk/forum/post/index.htm?t=109714
This was my post last year after receiving a "notice" in the post many weeks after I had parked in wickes, colchester,
Wickes themselves intervened after i proved i had been twice in the shop, (with receipts) but you may not have that proof for your single purchase.
1. If you can additionally prove that you paid for parking in uxbridge between times it might help, but if i am correct (and you will have to check) some Mcdonalds parking also say no return within X hours. It certainly does on the ones down by Heathrow.
2. Mcdonalds also have a policy of saying that parking is for "customers" and if you did not make a purchase, even if you "spend a penny" then you are out of luck.
3. Pay up and get over it, unless you have irrefutable proof otherwise.
Quite separately, my neighbour got a ticket for parking in Mcdonalds and left to shop elsewhere, even though she had eaten there with her children,
Edited by oldroverboy. on 22/07/2016 at 15:13
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www.honestjohn.co.uk/forum/post/index.htm?t=109714
1. If you can additionally prove that you paid for parking in uxbridge between times it might help, but if i am correct (and you will have to check) some Mcdonalds parking also say no return within X hours. It certainly does on the ones down by Heathrow.
2. Mcdonalds also have a policy of saying that parking is for "customers" and if you did not make a purchase, even if you "spend a penny" then you are out of luck.
3. Pay up and get over it, unless you have irrefutable proof otherwise.
1. I didn't pay for parking as the Vet provides free parking covered by CCTV so there is proof the vehicle was there. I'm not sure what the no return time is and as I'm not local to Uxbridge, I won't be travelling back to look.
2. The use of toilets at McDonalds (and other stores) is something that is debatable. Some of them get an annual payment by local councils for allowing public to use them and if that is the case, they should allow people to park to use the facilities.
3. I won't be paying, I'm not guilty of the allegation.
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The 'double dip' invoice is well known. Your first visit wasn't registered correctly because if it was they wouldn't have chance to extract money out of you. Its deliberate.
Your choices are therefore to spend some time reading and doing an appeal (they are BPA members, which helps) or pay up. ' I won't be paying' can end up being expensive if you don't go through the recognised appeal process.
Edited by daveyjp on 23/07/2016 at 15:27
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This is what you should do:
www.youtube.com/watch?v=2Gkiw7zpULo
(Stick with it and watch the whole thing!)
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Unfortunately that video dates back to August 2015 and precedes the Supreme Court ruling of November 2015 that affirmed the legality of this type of parking charge. The original OP may have a case that he returned to the McDonald's carpark but, as with parking meters and some retailers, McDonalds may have a no return same day policy. That said, the OP had no automatic right to park in the carpark to use the McDonalds toilets because when he did so he was not a customer of McDonalds.
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Unfortunately that video dates back to August 2015 and precedes the Supreme Court ruling of November 2015 that affirmed the legality of this type of parking charge. The original OP may have a case that he returned to the McDonald's carpark but, as with parking meters and some retailers, McDonalds may have a no return same day policy. That said, the OP had no automatic right to park in the carpark to use the McDonalds toilets because when he did so he was not a customer of McDonalds.
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I don't think a clip for a two bit comedy show is basis for a successful appeal!
HJ - the issue is far more nuanced than you make it. There has been one case at the Supreme Court (Beavis case) which gave a decision to try and make a square peg fit in a round hole.
However the decision contained many caveats to such an extent that 90%+ of subsequent invoices issued do not relate in any way to the circumstances in the Beavis case. The companies will throw it round like confetti, but they are largely wrong - this case is in no way the same as Beavis.
Any of these invoices can be successfully appealed with a little work, but anyone who receives such an invoice really does need to spend time to understand what they are doing, but there is time - at least 3 weeks to keep within the guidelines of appealing before day 28 of the invoice.
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I doubt McDonalds would have a no return same day policy - there are a surprising number of people who stop there for breakfast, drop back in for lunch, and again for dinner! They wouldn't want to stop valuable customers like that from repeat visits in the same day.
If there is any proof that the car was somewhere else during the period they claim you were parked there, the appeal won't be a problem. Even if you just used the toilet on the first visit they have no way of proving that as you could have bought with cash.
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I doubt McDonalds would have a no return same day policy - there are a surprising number of people who stop there for breakfast, drop back in for lunch, and again for dinner! They wouldn't want to stop valuable customers like that from repeat visits in the same day.
If there is any proof that the car was somewhere else during the period they claim you were parked there, the appeal won't be a problem. Even if you just used the toilet on the first visit they have no way of proving that as you could have bought with cash.
As I said earlier.. Some of the Macs around Heathrow have a no return policy within a certain number of hours. I have seen many where there are time limits AND no return within x hours.
Wack, which Mac was it on the Uxbridge rd< between uxbridge and the M40 j1?
From the website.
We have introduced parking restrictions at a number of our UK restaurants in an effort to make sure there are always parking spaces available for customers. Parking restrictions have proved necessary because of problems ranging from minicab drivers using our car parks as waiting bays between fares, to people leaving their cars for several hours while shopping or using nearby amenities. In each of our restaurants where parking restrictions have been introduced, we work with industry-approved contractors to make the parking policy as fair and as clearly communicated as possible.
All parking contractors that we work with are approved by the British Parking Association (BPA) and are required to meet strict standards which address appropriate levels of charges and behaviours demanded from staff. We appreciate that some visits such as birthday parties or large group visits might take longer and the parking restrictions are not intended to inhibit this. If customers anticipate their stay will exceed the stated maximum parking time, we would encourage them to speak to the restaurant manager in advance. In instances where a customer feels that a Parking Charge Notice has been issued in error, we would ask that they contact our approved contractors to appeal the charge.
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Wack, which Mac was it on the Uxbridge rd< between uxbridge and the M40 j1?
Yes, Oxford rd, Denham.
I have called the branch manager and asked what the rules of parking are and he just said maximum 90mins. He asked me to bring the letter in to him but, I'm not a local and I'm not doing a 2 hour drive each way for that.
I will write and appeal it on the grounds of not being guilty of what they are claiming. I wasn't in their car park for more than 60minutes total. If they change angle and persist I will write them a cheque for what is deemed to be a fair charging fee for 15mins parking and they can like it or lump it.
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From my own experience of two "tickets"
one of which was wickes in colchester last year and the other one in carmarthen the year before, when swmbo did not "register" the vehicle on arrival at the hotel she went to have a drink in with some colleagurs and did bot see the signs in a poorly lit dark rainswept car park,
In both cases the business concerned was able to intervene BEFORE anything was paid.
I suggest asking Mcdonalds to get the Parking people to cancel it.
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