Overstay charge after visit to Frankie and Benny's, 3 hour free receipt shows at F&B for 3hrs 20mins Options

[DangerousBAC]

I visited F&B over Christmas for a birthday celebration. I was not aware of parking restrictions of 3 hours nor until I received the penalty that my stay was over that period. I've later discovered F&B had the ability to extend the 3 hours stay but was not made aware of this at the time. I was not the only member of the party that got a penalty as there were 20 of us at the party. My sister appealed this with the parking company but did not divulge the drivers name. They cancelled her penalty. I owed up as the driver but raised the same reasons why I believe the penalty us unfair. They declined to cancel it. I have referred it to POPLA but they have said the claim is unsuccessful. I provided evidence of the cancellation of my sisters penalty and proof via a receipt of my stay at F&B.
Is there any other cause of action for me other than taken this to court?

This post has been edited by DangerousBAC: Tue, 24 Mar 2020 - 20:51

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[ostell]

Yes, the fact that there was hidden conditions in the contract, the fact that you could extend, could invalidate the alleged contract.

Just sit tight and see what happens


Gave you complained to F&B ?


It's not a penalty, it's an invoice for an alleged breach of contract

This post has been edited by ostell: Tue, 24 Mar 2020 - 21:41

[Jlc]

Which parking company is this?

[DangerousBAC]

Thanks for your response.
It is UKPC.
I spoke with F&B over the phone and was first told they could send an email to get it cancelled.
Then when I followed it up I was told that was not true and needed to appeal it with UKPC.

[DangerousBAC]

Here was POPLA response to my claim that F&B had the ability to extend my parking but I was only made aware after I received the parking invoice:

'They advise that after being issued the PCN they were told the restaurant had the ability to extend the maximum stay time. The operator has provided a white list to show that the appellant’s vehicle was not granted the additional time in the car park.'

Today I have received the notice from UKPC that my appeal to POPLA was unsuccessful and I have 28 days to pay the invoice otherwise this will be passed to debt recovery agent and cost me another £60, so £160 in total.

What should I do.

[The Rookie]

Write a concise letter explaining why nothing is owed and that you'll not be paying.

Be prepared for a barrage of confetti and only reply if you get a 'letter before claim/action' or a court claim form from Northants court.

Understand yo may need to defend this in court although it's very winnable.

[DangerousBAC]

If I write a letter saying I'm not paying, would it still get passed to a debt collection agency? As this could effect my job.

[Dave65]

Yes, they could well pass it to a debt collector but they are toothless and you ignore them.
They cannot do anything but send begging letters, they cannot take court action.

[mickR]

If I write a letter saying I'm not paying, would it still get passed to a debt collection agency? As this could effect my job.

Debt collectors are not ballifs and are not a threat, it will not affect your job.

they cannot take court action.

???

[DangerousBAC]

Thanks, One last thing. So I have a case to raise that F&B had it in there power to extend the parking stay and thus avoiding the invoivce but that information was not available to me at the time. Also though can I use the fact that my sister who also got a fine for exactly the same reason (she was at F&B with me the rest of the party) had hers cancelled by UKPC as a gester of good will even though who reasons for the appeal was exactly the same as mine the only difference is I gave the drivers name (me) she didn't. In my book everyone should be treated the same.

[Umkomaas]

Thanks, One last thing. So I have a case to raise that F&B had it in there power to extend the parking stay and thus avoiding the invoivce but that information was not available to me at the time. Also though can I use the fact that my sister who also got a fine for exactly the same reason (she was at F&B with me the rest of the party) had hers cancelled by UKPC as a gester of good will even though who reasons for the appeal was exactly the same as mine the only difference is I gave the drivers name (me) she didn't. In my book everyone should be treated the same.

You're flailing around and clutching at straws. Unless you can get F&B to contact UKPC and tell them to cancel, you should just sit back and see what unfolds. UKPC are mildly litigious, but seem only to pursue court claims for multiple tickets, starting around the £600 mark. I don't think you've got anything to concern yourself about, it will certainly not have any affect on your job!

[The Rookie]

they cannot take court action.

???

Debt collectors cannot take court action, unless you know something new?

[Jlc]

Debt collectors cannot take court action, unless you know something new?

They can recommend (the scary bit) that the their principal takes court action... (But that's the last thing they actually want as they don't get paid)

[The Rookie]

Debt collectors cannot take court action, unless you know something new?

They can recommend (the scary bit) that the their principal takes court action.

Haha, I think you mean they can suggest (to the alleged debtor) that they may think about possible you know looking at maybe suggesting to their client they take court action.

[DangerousBAC]

Thanks, One last thing. So I have a case to raise that F&B had it in there power to extend the parking stay and thus avoiding the invoivce but that information was not available to me at the time. Also though can I use the fact that my sister who also got a fine for exactly the same reason (she was at F&B with me the rest of the party) had hers cancelled by UKPC as a gester of good will even though who reasons for the appeal was exactly the same as mine the only difference is I gave the drivers name (me) she didn't. In my book everyone should be treated the same.

You're flailing around and clutching at straws. Unless you can get F&B to contact UKPC and tell them to cancel, you should just sit back and see what unfolds. UKPC are mildly litigious, but seem only to pursue court claims for multiple tickets, starting around the £600 mark. I don't think you've got anything to concern yourself about, it will certainly not have any affect on your job!

I really appreciate all the responses.

Unfortunately due to Covid 19 I can't get in touch in F&B.

So do you suggest I write to letter to UKPC saying I'm not paying and then just wait and see if they pursue this with court action?

Sorry having not been through anything like this before I've no idea what happens.
What could happen after I've sent them the letter?
Will it be first go to the debt collection agency and then when they fail to get the debt UKPC then send a court notice?
Or would it be of the back of my letter they either cancel the invoice or send a court notice?
If it goes to court how does that work?
Do I attend in person etc?

[Umkomaas]

Thanks, One last thing. So I have a case to raise that F&B had it in there power to extend the parking stay and thus avoiding the invoivce but that information was not available to me at the time. Also though can I use the fact that my sister who also got a fine for exactly the same reason (she was at F&B with me the rest of the party) had hers cancelled by UKPC as a gester of good will even though who reasons for the appeal was exactly the same as mine the only difference is I gave the drivers name (me) she didn't. In my book everyone should be treated the same.

You're flailing around and clutching at straws. Unless you can get F&B to contact UKPC and tell them to cancel, you should just sit back and see what unfolds. UKPC are mildly litigious, but seem only to pursue court claims for multiple tickets, starting around the £600 mark. I don't think you've got anything to concern yourself about, it will certainly not have any affect on your job!

I really appreciate all the responses.

Unfortunately due to Covid 19 I can't get in touch in F&B.

So do you suggest I write to letter to UKPC saying I'm not paying and then just wait and see if they pursue this with court action?

Sorry having not been through anything like this before I've no idea what happens.
What could happen after I've sent them the letter?
Will it be first go to the debt collection agency and then when they fail to get the debt UKPC then send a court notice?
Or would it be of the back of my letter they either cancel the invoice or send a court notice?
If it goes to court how does that work?
Do I attend in person etc?

Cross that bridge only if you get there - likely won't, but come back if you get a formal Letter of Claim or court papers from the Northampton CCBC.

I've given you the advice you need at this stage. If you want to gain further understanding about every potential nuance, please read lots of other threads to appraise yourself. Most regulars here read almost every thread. The better informed you are, the better you'll deal with this if the worst comes to the worst. Meantime, you and your family have much more important issues to deal with.

[DangerousBAC]

Thanks, One last thing. So I have a case to raise that F&B had it in there power to extend the parking stay and thus avoiding the invoivce but that information was not available to me at the time. Also though can I use the fact that my sister who also got a fine for exactly the same reason (she was at F&B with me the rest of the party) had hers cancelled by UKPC as a gester of good will even though who reasons for the appeal was exactly the same as mine the only difference is I gave the drivers name (me) she didn't. In my book everyone should be treated the same.

You're flailing around and clutching at straws. Unless you can get F&B to contact UKPC and tell them to cancel, you should just sit back and see what unfolds. UKPC are mildly litigious, but seem only to pursue court claims for multiple tickets, starting around the £600 mark. I don't think you've got anything to concern yourself about, it will certainly not have any affect on your job!

I really appreciate all the responses.

Unfortunately due to Covid 19 I can't get in touch in F&B.

So do you suggest I write to letter to UKPC saying I'm not paying and then just wait and see if they pursue this with court action?

Sorry having not been through anything like this before I've no idea what happens.
What could happen after I've sent them the letter?
Will it be first go to the debt collection agency and then when they fail to get the debt UKPC then send a court notice?
Or would it be of the back of my letter they either cancel the invoice or send a court notice?
If it goes to court how does that work?
Do I attend in person etc?

Cross that bridge only if you get there - likely won't, but come back if you get a formal Letter of Claim or court papers from the Northampton CCBC.

I've given you the advice you need at this stage. If you want to gain further understanding about every potential nuance, please read lots of other threads to appraise yourself. Most regulars here read almost every thread. The better informed you are, the better you'll deal with this if the worst comes to the worst. Meantime, you and your family have much more important issues to deal with.

Thanks I will post an update as and when I have one.
I would just like to know if it is worth me letting UKPC know I'm not paying at this stage or not?

[Umkomaas]

Thanks, One last thing. So I have a case to raise that F&B had it in there power to extend the parking stay and thus avoiding the invoivce but that information was not available to me at the time. Also though can I use the fact that my sister who also got a fine for exactly the same reason (she was at F&B with me the rest of the party) had hers cancelled by UKPC as a gester of good will even though who reasons for the appeal was exactly the same as mine the only difference is I gave the drivers name (me) she didn't. In my book everyone should be treated the same.

You're flailing around and clutching at straws. Unless you can get F&B to contact UKPC and tell them to cancel, you should just sit back and see what unfolds. UKPC are mildly litigious, but seem only to pursue court claims for multiple tickets, starting around the £600 mark. I don't think you've got anything to concern yourself about, it will certainly not have any affect on your job!

I really appreciate all the responses.

Unfortunately due to Covid 19 I can't get in touch in F&B.

So do you suggest I write to letter to UKPC saying I'm not paying and then just wait and see if they pursue this with court action?

Sorry having not been through anything like this before I've no idea what happens.
What could happen after I've sent them the letter?
Will it be first go to the debt collection agency and then when they fail to get the debt UKPC then send a court notice?
Or would it be of the back of my letter they either cancel the invoice or send a court notice?
If it goes to court how does that work?
Do I attend in person etc?

Cross that bridge only if you get there - likely won't, but come back if you get a formal Letter of Claim or court papers from the Northampton CCBC.

I've given you the advice you need at this stage. If you want to gain further understanding about every potential nuance, please read lots of other threads to appraise yourself. Most regulars here read almost every thread. The better informed you are, the better you'll deal with this if the worst comes to the worst. Meantime, you and your family have much more important issues to deal with.

Thanks I will post an update as and when I have one.
I would just like to know if it is worth me letting UKPC know I'm not paying at this stage or not?

If you don't send them a cheque, they'll get the message soon enough. But, to be fair, they'll be pretty good at working that one out!

[DangerousBAC]

I have now received a letter from the Debt Recovery Plus now asking for £160.

Am I right that the advice would be to just ignore it and see if it is taken to court?

[Jlc]

File and ignore everything from DRP.