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McDonalds over 90 minute fine
emmavix
post Mon, 20 Jan 2020 - 18:28
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Just received a fine from MET on behalf of McDonalds including photos of my vehicle entering & leaving a McDonalds car park. The driver apparently overstayed the 90 minute limit by 11 minutes. BUT they spent quite some time in the drive through queue, trying to make an order work on the McDonalds app, collecting a freebie from the app then eventually parking and heading into McDonalds. The vehicle was possibly parked for 80 minutes or so (lots of kids, lots of food ordered) but wasn't parked for the whole of that time & there are no photos that show the vehicle parked at all.

The driver called back into the branch today and apparently lots of people have had fines recently but their biggest issue has been people fined for overnight stays when the store has sent photos of the car park being empty overnight. Manager wasn't willing to help in our case.

So do I file an appeal, ask for evidence of using the car park (rather than just entering & leaving, given there is a drivethrough), ask why 10 minute grace period not applied?

Any help gratefully received

Emmavix

This post has been edited by emmavix: Tue, 21 Jan 2020 - 12:53
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post Mon, 20 Jan 2020 - 18:28
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Jlc
post Mon, 20 Jan 2020 - 20:35
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QUOTE (emmavix @ Mon, 20 Jan 2020 - 18:28) *
ask why 10 minute grace period not applied?

The answer is in your own post. You stayed an extra minute. Yes, they are pursuing you for a minute.

Was the parking event in December or January?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Mon, 20 Jan 2020 - 21:27
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Edit your post so that the identity of the driver cannot be inferred. Use "the driver........." etc

Post up a redacted NTK but leave dates

This post has been edited by ostell: Mon, 20 Jan 2020 - 21:27
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emmavix
post Tue, 21 Jan 2020 - 12:59
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Hopefully pic of PCN attached - it's Civil Enforcement not MET, in case that makes a difference. I have card transactions from the visit showing separate purchases (first at drivethrough then in restaurant though card transactions don't show a difference). Ironically we spent at least 5 minutes parked up trying to make the McDonalds app work as it was offering freebies for app purchases!

This post has been edited by emmavix: Tue, 21 Jan 2020 - 13:12
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emmavix
post Tue, 21 Jan 2020 - 16:47
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QUOTE (Jlc @ Mon, 20 Jan 2020 - 20:35) *
QUOTE (emmavix @ Mon, 20 Jan 2020 - 18:28) *
ask why 10 minute grace period not applied?

The answer is in your own post. You stayed an extra minute. Yes, they are pursuing you for a minute.

Was the parking event in December or January?

It was the 9th of Jan. Have seen a receipt and reckon the driver parked at about 1.29 as they ordered at 1.34 according to the receipt (and they ordered straight away IYSWIM) - so that means the first 18 minutes were spent faffing around at & through drivethrough then parking.

This post has been edited by emmavix: Wed, 22 Jan 2020 - 17:33
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ostell
post Tue, 21 Jan 2020 - 20:28
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The NTK gas not been redacted as requested. It is also not fully readable but I think this:


Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


First class post with free certificate of posting from a post office
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emmavix
post Wed, 22 Jan 2020 - 14:04
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So that's because they have served the notice on the keeper and not asked who was driving the vehicle? Apparently I should do that towards the end of the 28 day period otherwise they can resend the letter as a Notice to Keeper, is that right?
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emmavix
post Wed, 22 Jan 2020 - 14:37
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This is in small print at the bottom of the letter
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peodude
post Wed, 22 Jan 2020 - 15:30
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If the local manager won't help you cancel it, then try Head Office. If that fails, Twitter and Facebook are also useful tools.
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ManxRed
post Wed, 22 Jan 2020 - 15:56
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Emmavix, edit post #5!


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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ostell
post Wed, 22 Jan 2020 - 18:17
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That WAS a Notice to Keeper. And they got it wrong so they can't transfer liability to the keeper
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emmavix
post Wed, 22 Jan 2020 - 22:23
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OK so the letter you suggested above is still correct, Ostell? Many thanks & sorry for double checking, just wanted to make sure I had it right.
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