UKPC DCBL - PCN 2019 - now claimform - McDonald's Gelderd Road Leeds

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They were supposed to include the contract and planning permission. 

Are all the 15 photographs of your car breaching their rules and can you expect further Court cases especially if you lose the first one? Also a view of your PCN could be a great help for you if it is found not to comply with the Act. That's the original PCN not ay of the reminders.

 

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To carry on Dave's post about the overtime bot h the five minute and ten minutes are minimums.Things like getting young children out of baby seats and then back in again when leaving; getting disabled people in and out of cars;leaving at busy times [one woman took 30 minuted to get out of her car park last christmas] for example.

Was there anything during your visit either before parking or when leaving that could account for the extra two minutes.

 

 

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Sometimes when Maccies is busy they give precedence to the motorists in the drive thru so if you were in the restaurant you may have been delayed there. Something for Maccies to consider when deciding whether to get your ticket cancelled.............

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I was going to suggest you write to Trust Pilot and put in a strong complaint about the MacDonalds branch. However so many people have already complained giving them one star without a single management response from Maccys apologising or trying to make amends. So probably not worth it unless you compain to TP then write to Maccys telling them what you have done and see if they come back to you.

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Sorry Mrk I thought you were writing to Haead Office.  Try a polite letter to the CEO saying that the four of you enjoyed your time there and you are sure that it is not MacDonald's wishes that genuine customers are penalised especially when they are spending more money by staying longer. Remember you are trying to get him to quash the ticket.

CEO 

Alistair.Macrow@uk.mcd.com

[lookinforinfo]

The trouble with UKPC is that they are members of the BPA and as such while they allow 5 minutes Consideration period once the motorist has decided to stay, that five minutes is absorbed into the parking period. This is in contrast to the IPC that include the Consideration period as part of the non contractual period that the vehicle is in the car park.

 

So you have overstayed by 7 minutes. Against that you can complain that the PCN does not comply with the Protection of Freedoms Act 2012 although it is not cut and dried in this case. Some Judges will agree and others won't.

 

The first thing is that there is no period of Parking specified.  They do show that arrival and departure of your car but that is not the period of parking since driving to the parking space and from the parking space to the exit is obviously not a period when you are parked.

 

that takes a number of minutes off the time you spent in the car park by several minutes and the Consideration and Grace periods are minimums not strict times. 

 

This is to take into factors like some people will have to get children in and out of their seat belts while disabled people may take longer than others. And of course trying to find empty spaces, raffic waiting to get out of the car park onto a busy road or pedestrians crossing in front of you all add to the time spent not parked.

 

The second point is that the wording on the PCN does not comply with the Act. This is what  it should say

 

"f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;"

 

For a start they have not included the words in parentheses which has been enough at times for Judges to rule that the PCN is not compliant. All that means is that the keeper can no longer be liable for the debt..

 

But if the driver and keeper are the same person it makes it difficult for UKPC to prove that they are the same person. After all any member of the keeper's family is often able to drive the car plus anyone with a valid insurance policy  is also able to drive your car.

 

Thirdly as the time is only a few minutes out, it is critical that the cameras at the entrance and exit are synchronised and you should put hem to strict proof that they had been properly calibrated on the day you visited. And UKPC have history of falsifying records since the DVLA banned them from access to motorists data back in 2015 for a couple of months.

 

Fourthly their PCN does not comply with the Act.  The maximum that can be charged is the amount stated on the signage. yet they are saying that they will increase the price if debt collectors are involved. This has already been decided that this is viewed as double recovery.

 

So there are some reasons to argue with UKPC as well as no planning permission plus whatever problems may arise for them when we see the contract with the landowner.