Parking at McDonalds

[Wop/ag]

Hi There,

I recently parked at McDonalds Livinston and about a week later received a PCN from UKPC to the effect that I had parked there for 1h57m in breach of their private car park conditions. They advise me that notices were clearly displayed to this efffect but I did not see them. They now wish to charge a fine of £95 reducing to £75 if Ipay up within 14 days. This is extornionate and I am of the mind not to pay but would appreciate any advice as to how I should proceed.

[green_and_mean]

There are several 'sticky' threads at top of the board on the subject, such as this ...

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/65341-private-parking-companies-charges.html

[pin1onu]

Hi There,

I recently parked at McDonalds Livinston and about a week later received a PCN from UKPC to the effect that I had parked there for 1h57m in breach of their private car park conditions. They advise me that notices were clearly displayed to this efffect but I did not see them. They now wish to charge a fine of £95 reducing to £75 if Ipay up within 14 days. This is extornionate and I am of the mind not to pay but would appreciate any advice as to how I should proceed.

G&M has referred you to the guide but also have a look at the template letters.

 

BTW this PCN is not a Penalty Charge Notice as issued by the local councils operating Decriminalised Parking Enforcement. It is just an invoice with no legal backing in statuatory or case law. You will probably receive all kinds of threats including court action, debt collectors and credit rating problems. Just stand firm. The threats are pretty empty.

 

In the past few weeks a number of these private firms have tried it on and had decisions go against them in the county court. However it very rare it gets that far. Normally UKPC are very court shy.

 

If you have any questions just post back.

[Wop/ag]

Thanks to green and mean and pin1onu for information. I have written to UKPC disputing that I agreed to any inferred contract and telling them that I will not be making any payment and not to contact me again so we shall see what transpires.

[Conniff]

You wont end up paying wop even though you will get some more letters from them.

They know that they have missed you, but will get the next 200 who will pay without question.

 

If I win the lottery I will take out full page adverts in all the papers and maybe tv to warn the others who are not getting the message.

[pin1onu]

You wont end up paying wop even though you will get some more letters from them.

They know that they have missed you, but will get the next 200 who will pay without question.

 

If I win the lottery I will take out full page adverts in all the papers and maybe tv to warn the others who are not getting the message.

 

Maybe you should set up your own PPC - I'm told that's like winning the lottery - certainly better odds of getting a payout. The bandits.

[Wop/ag]

Hi g and m. pin1onu & Conniff.

Have had further letter from UCPC as follows.

"This car park is private property and may not be used for any purpose over the allotted time.

This PCN was issued correctly and legally according to DVLA Code of Practice for the management of camera controlled private car parks and British Parking Association guidelines.

If payment is not received within seven days then further action will be taken."

I had told them not to write to me again as it would constitute an offence under the Protection of Harassment Act but they have chosen to ignore this.

[Conniff]

Hi g and m. pin1onu & Conniff.

Have had further letter from UCPC as follows.

"This car park is private property and may not be used for any purpose over the allotted time.

This PCN was issued correctly and legally according to DVLA Code of Practice for the management of camera controlled private car parks and British Parking Association guidelines.

If payment is not received within seven days then further action will be taken."

I had told them not to write to me again as it would constitute an offence under the Protection of Harassment Act but they have chosen to ignore this.

 

 

Oh bleddy ell, the DVLA, it must have some legal standing, drop what your doing and rush out and pay it.

 

This has nothing whatever to do with the DVLA and they are now trying to make it look official.

 

I haven't looked, but does the DVLA have a code of practice on how to operate car parks? I have never heard such rubbish.

[Sidewinder]

I haven't looked, but does the DVLA have a code of practice on how to operate car parks? I have never heard such rubbish.

 

Only a Voluntary Code of Practice published in 2002 and aimed at justifying the 'reasonable cause' element required for the release of data...it has no legal standing and being voluntary does not nullify the legitimacy of any request for information nor invalidate the issue of the ticket should the PPC not abide partly or wholly with the Code. In other words it is completely irrelevant and serves only to make it sound more official!

 

3.6. Adequate signs should be displayed on all private property and car parks where enforcement action is to be taken. These should satisfy the criteria that it is ‘reasonable cause’ for a motorist to be aware of the potential consequences of his/her actions when parking the vehicle. It should be clear that parking is not allowed or restricted and that enforcement action will be taken in respect of any subsequent contravention.

3.7. Notices giving full details of the parking contravention and the proposed course of action to be taken by the enforcer should be placed in a prominent position on the ‘offending’ vehicle without causing it damage. Vehicle keepers must be made aware that their name and address will be requested from DVLA.

3.8. Company titles, documentation and notices issued in respect of parking violations should not create the impression that action is being taken on behalf of a public body. Company names must comply with the Business Names Act 1985. Windscreen notices should be cleared, in advance, with DVLA.

3.9. Vehicle keepers must be contacted by letter and should not be approached in their homes in respect of the enforcement of claims (other than for the service of notices and court papers) until a court judgement has been secured.

3.10. Enquiries must include details of the incident-giving rise to the claim, date, time and full vehicle details, to include registration mark, make/model and colour. Any other relevant evidence-including photographic details should also be included if available.

[Wop/ag]

To green & mean, pin1onu and Conniff.Hi me again.

Further threatening letter received from UKPC splattered with red ink. Quote

FINAL REMINDER BEFORE LEGAL ACTION.

Failure to pay the the full balance outstanding within 7 days of the date of this notice could result in the balance outstanding being registered as a debt against you in the County Court. A warrant may then be issued to bailiffs to recover payment. You will also become liable for the additional fees of the County Court and the bailiff together with any legal costs and interest involved. Your ability to obtain credit in the future could be affected.Unquote.

Should I reply to this letter or ignore it, sit tight and see what transpires?

I would be interested in what your reaction would be. Thanks

[Conniff]

Don't they just love to get that word 'bailiffs' in somewhere.

 

After all that is going to happen to you Wop, you might as well throw yourself off a bridge, life is just not going to be worth living any more.

 

I would write to McDonalds saying how this has marred the day out with your family, and as they commissioned the parking company, they are sanctioning the attempted extortion of £95 on a legitimate customer.

 

You could also write to the parking co and 'tell' them that you, or your family, will not be dictated to by them and told how fast you must eat a 'purchased' meal.

[tomterm8]

I would not pay all that much attention to a notice before legal action, EVEN IF THEY DO THIS;)

 

People sometime take these cases to court, they have lost some in the past, but £95 seems extortionate to me, given they didn't clamp the car or anything.

[pin1onu]

To green & mean, pin1onu and Conniff.Hi me again.

Further threatening letter received from UKPC splattered with red ink. Quote

FINAL REMINDER BEFORE LEGAL ACTION.

Failure to pay the the full balance outstanding within 7 days of the date of this notice could result in the balance outstanding being registered as a debt against you in the County Court. A warrant may then be issued to bailiffs to recover payment. You will also become liable for the additional fees of the County Court and the bailiff together with any legal costs and interest involved. Your ability to obtain credit in the future could be affected.Unquote.

Should I reply to this letter or ignore it, sit tight and see what transpires?

I would be interested in what your reaction would be. Thanks

 

Bulk standard threats. Full of ifs and maybes.

 

If they take you to court and If you lose and If you then fail to pay the amount ordered by the court in the timeframe ordered by the court then they seek to have bailiffs obtain the outstanding amount. Your credit rating would be affected as you would have an unsatisfied CCJ against you.

 

That an awful lot of Ifs and things to go through.

 

I would send cease and desist letter and then ignore anything other than court papers. File all their letters in case they do take you to court.

[neil24103]

Hi There,

I recently parked at McDonalds Livinston and about a week later received a PCN from UKPC to the effect that I had parked there for 1h57m in breach of their private car park conditions. They advise me that notices were clearly displayed to this efffect but I did not see them. They now wish to charge a fine of £95 reducing to £75 if Ipay up within 14 days. This is extornionate and I am of the mind not to pay but would appreciate any advice as to how I should proceed.

checkout www.pepipoo and dont worry

[neil24103]

Would you really trust a site called pepipoo? Not me.

if you work for a ppc NO

[neil24103]

what for overstaying or not parking my car properly.or sorry for not eating my dinner fast enought

[green_and_mean]

checkout www.pepipoo and dont worry

 

Why?? The OP has received the correct advice and has been advised not to pay. Why do you seem to feel the urge to plug another forum? If you think we have missed something feel free to add something contructive other than a cheap plug.

[Wop/ag]

Hi

Latest letter fromUKPC headed LEGAL ACTION PENDING now advises me that "In accordance with the terms and conditions clearly and prominently displayed and agreed to when you parked on our clients private property a £40.00 Collection and Admin fee has now been. To avoid this being passed to our Legal department for further action you are required to pay the sum of £135 within 7 days of the date of this letter

If your full payment is not received further legal and court costs may be added together with interest on the sum due. Please be advised that should this matter now be referred to our soliciters, they reserve the right to take legal action to enforce this contract and register this debt against you in the County Court, they will then seek to have a warrant issued for Bailiffs to recover this debt."

UKPC are now becoming a bit heavy handed.

Any advice would be gratefully received. Thanks

[pin1onu]

Hi

Latest letter fromUKPC headed LEGAL ACTION PENDING now advises me that "In accordance with the terms and conditions clearly and prominently displayed and agreed to when you parked on our clients private property a £40.00 Collection and Admin fee has now been. To avoid this being passed to our Legal department for further action you are required to pay the sum of £135 within 7 days of the date of this letter

If your full payment is not received further legal and court costs may be added together with interest on the sum due. Please be advised that should this matter now be referred to our soliciters, they reserve the right to take legal action to enforce this contract and register this debt against you in the County Court, they will then seek to have a warrant issued for Bailiffs to recover this debt."

UKPC are now becoming a bit heavy handed.

Any advice would be gratefully received. Thanks

 

This is yet another standard threat. They can't instruct bailiffs to do anything. The process they have to follow is this

 

1. Try and resolve the matter outside of court

2. File the case in court

3. Actually turn up and in court and win the case (by some miracle)

4. You get a time to pay the judgement. That is decided by the judge.

5. If you fail to pay they can then seek to have the judgement enforced.

6. At this point The court will instruct bailiffs

 

Remember you get the opportunity to defend the allegations in court. If I were in your shoes I would send the cease and desist letter. Ignore anything else (but file it for reference) short of official court papers.

Make sure they're stamped. If by some miracle they actually file a case Post back and there'll be plenty of volunteers to help you prepare a valid defense.

 

These guys write threatening letters for a living but they very seldom

follow through. Stand firm.

[Barnsley Boy]

Pin1onu is right on the button yet again. We really have seen this before absolutely shedloads of times.

 

Less than 1 chance in 1000 that UKPC will issue court papers. If they do, more fool them, they would lose.

[Wop/ag]

Thanks to pin1onu and Barnsley Boy for your helpful comments. I take heart from them.

[Saltybike]

I have also received a letter for parking in the same car park. Although it was my car I was not the driver. I have no intention of paying either and my family and friends are not going to McD's anymore. Should I send a letter stating that I am the keeper but was not the driver or just ignore them?

[Conniff]

I would certainly send a letter of disgust to Mc and copy to the head office.

Tell them how they have lost 'yet another' family of customers. While your at it, you can tell them where to shove the ticket.

[Wop/ag]

I have also received a letter for parking in the same car park. Although it was my car I was not the driver. I have no intention of paying either and my family and friends are not going to McD's anymore. Should I send a letter stating that I am the keeper but was not the driver or just ignore them?

You could tell UKPC that whilst you are registered owner of the car you were not the driver and advise them to contact the driver.It is then up to them to find who the driver was.

I did email McD but their reply was that whilst they were sympathetic they were not in a position to revoke the parking charge.I am still exchanging emails with them threatening withdrawal of custom etc. but don't suppose they will bother much about that.

[qbal]

Has anyone ever tried sending them a notice under CPR when they start to threaten "imminent court action" in their letters? It would be fun to see what they actually intend to rely on in court, and if they then proceed and use anything not previously supplied under CPR, how the judge would react to them.

 

Sorry, just my bored mind doing a little thinking out loud.