MET Parking Charge Notice - Declaration of Driver

[hodgsoi]

Hi guys, my daughter had my car on holiday and overstayed her allotted 60 mins in a McD's car park, South Hayes by 25 mins. Because of this I received a parking charge notice for £100, discounted to £50 if I pay within 14 days.

 

I live in Scotland and I am not too familiar with English Law so can someone please tell me if I have to inform them legally who was driving the vehicle?

They quote paragraphs 9(2)(b) and 9(2)(f) of Schedule 4 of The Protection of Freedoms Act telling me that the driver of the vehicle has to pay this charge and that if I don't tell them who was driving then they can pursue me for the charge.

 

Any advice on how to go about this would be welcome.

Thanks.

 

hodgsoi

[Dublindel]

The POFA 2012 does not apply to Scotland. I would not reveal the driver. Did u get a ticket on your car or was it by ANPR?

[Bazooka Boo]

DO NOT give them the name of the driver.

 

Sounds like a parking lie ticket.

[dx100uk]

Ignore totally

You're in scotland

[hodgsoi]

Hi guys, thanks for all the replies, it is much appreciated.

 

Sorry if I've misled you all a bit but this charge was for parking in a McD's car park in England not Scotland.

 

I know that I shouldn't reply to any request for payment if the "offence" happened in Scotland.

 

What I would like to know is - because the car park was in South Hayes, England, do I have to tell them who was driving the vehicle? Does the fact that I live in Scotland make any difference?

Thanks.

 

hodgsoi

[Bazooka Boo]

No you DO NOT have to tell them anything, least of all who the driver was.

[Dublindel]

Well! MET don't do court.

Ask for copy of contract with the Landlord.

Ask for breakdown of pre - estimate of loss.

Ask for VAT invoice if a charge.

If by ANPR, ask for service records.

If by ticket, ask what system is used to record details ie:- a phone.

Ask who won the world cup in 1970........

and ask any additional added by others.

[Dublindel]

And after all that, remind them that you live in Scotland and they have to use a Scottish Court. Might as well waste their time

[hodgsoi]

Thanks guys for your swift replies.

 

I won't tell them who the driver was but I will write to them and ask the questions that Dublindel has suggested along with the reminder that I reside in Scotland.

I will also ask them politely to drop the charge based on the above.

 

Does this sound reasonable?

 

hodgsoi

[Bazooka Boo]

IMO I wouldn't send them anything, they know where you live, they sent you their begging letter.

 

There is absolutely NO legislation or legal obligation to inform them of who was driving, they are a private parking company, they have no legal remit to demand anything.

[hodgsoi]

Bazooka Boo, thanks.

 

I will bow to your superior knowledge on this.

 

Thanks again

 

hodgsoi

[ericsbrother]

South Hayes is in england so english law applies regardless of where you live

 

. Whay they are saying is that the POFA allows them to pursue you, the keeper, for the debt if certain conditions are met as they dont know who the driver was at the time.

the reverse of this is they cannot pursue the keeper if they dont meet those conditions and they have admitted they dont know who the driver was so them they would be stuck and that is why they are asking, so they have someone to chase.

 

Tell us the date of the event and the date you got the demand through the post and we will take it from there

 

. It would be useful to be able to read their letter as the wording has to be very precise to fulfil the relevant parts to create keeper liability

and most cant even copy out what is written down in the Act, despite their living depending upon it.

 

Dont respond at all until we have the answers to the times and dates and have seen their letter. there will be othr things they have got wrong but lets stick to this for the moment.

[hodgsoi]

ericsbrother, thanks for taking an interest in this.

 

The incident happened on 15th July 2016 and I received the demand on 23rd July 2016.

 

I've uploaded the letter for you to have a look at.

 

Thanks.

MET PCN.pdf

Edited July 26, 2016 by dx100uk
PCN properly redacted and reduced in file size from %Mb to <.5Mb

[ericsbrother]

OK they say that the vehicle stayed longer than authorised or without authorisation. this makes it a matter of trespass then and nothing to do with them.

 

To be certain, it would be best if we could see the signage in the car park but as that measn travelling all the way to the other end of the country I would suggest that firstly you contact MaccyD's and give them an absolute ear bashing over this and point out that more than an hour is needed to drink their scaldingly hot coffee and why do they want to make you give up going there ever again. get that complaint in pronto and in writing as they ahve the power to cancel this claim.

 

Also point out that you doubt if MET have planning permission for their signage and you will be seeking Maccy D's to be punished for this as well as MET as a criminal offence and will be taking that up with the local council as soon as you hear back from them about this (probably illegal) charge.

 

If you dont get a response from McD within the next 3 weeks submit an appeal to MET without saying who was driving and say that you do not beleive they have the authority to offer and enter into contracts at that place and require strict proof of the assignment of this right and the necessary permissions regarding signage.

Edited July 26, 2016 by honeybee13
Paras.

[hodgsoi]

We phoned McD's customer service line when we got the demand on the 23rd and they washed their hands of it saying that it was a matter for MET.

 

I will now send them a letter of complaint as you suggest.

I take it the letter should go to the branch and not head office?

 

hodgsoi

[Homer67]

Copy the letter to both.

[hodgsoi]

Ok Done!

[hodgsoi]

sent a letter off to the restaurant and to McDonald's head office.

 

 

I received this reply back from Customer Services.

 

 

I am thinking of replying stating that I am disappointed that there is no recourse to appeal to McDonald's and asking where on the signs does it say that the maximum time can be exceeded with agreement of the manager.

 

Does this sound ok for now?

 

Should I now also write to MET asking if they have the necessary permissions etc. as per ericsbrother reply on 26/07/2016?

McDonald's reply.pdf

[dx100uk]

unapproved

ref number showing

 

 

dx

[hodgsoi]

Sorry, missed that.

McDonlad's reply1.pdf

[ericsbrother]

I would now ask Maccy D's if they ahve assiganed the right to the parking co to allow them to enter into contracts with their customers

[hodgsoi]

Thanks ericsbrother I'll do that next.

Should I contact MET yet?

[ericsbrother]

no,

the reason I say have another go at MaccyD's is that all of their branches operate on a franchise system so the reality is that they are not even a third party to the agreement between the parking co and McD

 

 

and if someone who doesnt even lease the site dictates how you interact with the tenant of that land it falls foul of the unfair trading terms regs as McD and the parking co have no interest in the land at all, either as agents or tenants and if they force the franchisee to follow a certain order that is not a contractual matter for you and them to consider.

 

 

All a bit long winded and I bet they dont respond

(as it would kill them to admit they dont ahve the right to enforce an agreement on other parties)

but it will show that you did try and resolve this and any court action is not down to your actions.

 

You could mention it in your request that you belive that this is a franchise

so how come a fourth and fifth party are creating contracts that they expect you

and others not covered by them to agree to them?

[hodgsoi]

Hi, as per ericsbrother's advice I sent off this letter and received their reply. It also says that this particular restaurant is not one of their franchised sites. Does this mean that they actually own it?

 

 

What are my next steps? Is it time to contact MET? Thanks.

McDonald's 1.pdf

[honeybee13]

Hello there.

 

Would you be able to save the attachments as pdf's and repost them please? I can't enlarge what you've posted to make it a readable size.

 

HB