Met parking charge notice - mcdonalds stroud

[Imperial1974]

Hi, I really hope you can help as I'm not at all sure how to go about explaining why my car was parked for longer than allowed 90 mins at Stroud McDonalds. At least, I can explain, but I don't think MET will take any notice.

The situation: I have been issued with a PCN dated 2.11.15 for an 'incident' on 26.10.15. I have been issued with this PCN for staying an additional 64 minutes. However, there are mitigating circumstances. We arrived in the car park at 19:48 to park whilst family members met with friends at McDonalds and my partner and I went for a meal in Stroud.

We were delayed getting back to the car due to me falling ill - I had undergone a general anaesthetic earlier in October which was (and still is) causing post-operative reactions. The result of these reactions is that my joints swell in my hips, knees and ankles and I am immobile and in pain until it passes. I had to sit down and wait for about an hour until physically able enough to return to the car.

On returning to the car, we were so preoccupied that it didn't occur to us to go back into McDonald's and explain our situation.

The MET's PCN states an issue date of 2.11.15 with 28 days payment period ending on 30.11.15. I'm afraid I didn't deal with it due to being so preoccupied with work and my health, and now the period has passed.

Would you be able to advise me how to best appeal this PCN?

Thank you

[mystery1]

Re: Met parking charge notice - mcdonalds stroud

Met will likely not accept an appeal (as in your too late not as in your appeal is crap piss off) but try anyway.

Dear Sirs,




I, as registered keeper, wish to invoke your appeals process. The driver did not see any and a member of the party was taken seriously ill following surgery. I note your notice to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 9 in several aspects .




Should you reject my appeal please supply a popla code.




Yours etc








If popla is need let me know.


Contact the McDonalds manager but note that McDonalds are garbage at helping.


M1

[Imperial1974]

Re: Met parking charge notice - mcdonalds stroud

Thank you very much M1. I will try as you suggest. Really appreciate your help.

I1974

- - - Updated - - -

Hi again - can I just check the missing word in your second sentence of the letter to MET? 'The driver did not see any...' is it 'signs'?

Many thanks

[mystery1]

Re: Met parking charge notice - mcdonalds stroud

Indeed it is but it's actually meant to say "the driver was a genuine customer and a member of ...."

M1

[Imperial1974]

Re: Met parking charge notice - mcdonalds stroud

Hi there
I've finally had a letter from MET parking services in response. It reads:
'We note that you are appealing on behalf of the driver as the registered keeper. We note its contents, however, in order for us to look into your appeal fully can you kindly provide us with further evidence to support the illness you have detailed in your letter of appeal. It would also be helpful if you could state whether you made staff (at McDonalds) aware of this incident.'

Am I legally obliged to send them evidence of my illness? I can obviously evidence the fact that I had an operation in October and I could probably ask my GP for proof that I was referred for X-rays post-op and have since been referred (and been seen by) the consultant orthopaedic surgeon at Gloucester Hospital. Can you advise whether this is what i need to do?
In terms of the second request, one of our party did run in to McDonalds to explain but I don't know with whom they spoke and they can't remember either.

Thank you for your help.
Kind regards

[Imperial1974]

Re: Met parking charge notice - mcdonalds stroud

Hi [MENTION=5354]mystery1[/MENTION] - I know how busy you must be with so much call on your time. If you're able to have a look at my last message (above - from 3rd Jan) that would be really helpful.

Many thanks again

[mystery1]

Re: Met parking charge notice - mcdonalds stroud

Sorry, i missed it. I don't see any harm in doing so. Just make sure the driver isn't identified where possible.

M1

[Imperial1974]

Re: Met parking charge notice - mcdonalds stroud

Hi [MENTION=5354]mystery1[/MENTION] well I sent an appeal by letter defending my position. I wrote as follows:

'Dear Sirs,

Ref: MP46341620

I once again refer you to my letter of 4 December in which I explained the unfortunate and unforeseen predicament we found ourselves in on the date in question. I will explain this in further detail for you by way of a final appeal, but please note it has not been possible to follow up on this, either with you or POPLA, due to the effect of the illness that was sustained following surgery last autumn and which is ongoing and highly stressful.

Furthermore, I do not believe my having to disclose this personal information to you is reasonable or fair, and the pressure you are placing on me to do this is compounding health matters. I also have good reason to believe there is no legal obligation for this intimate health information to be disclosed in such a matter. Please be aware, therefore, that your organisation will be held responsible for any adverse repercussions suffered as a result of further persecution.

A member of our party had just undergone a maxillofacial operation at Gloucester Hospital. Following surgery, severe pains down the left side of the entire body were being experienced intermittently. The GP at Rowcroft surgery in Stroud referred this to Gloucester Royal for X-rays and a subsequent post-operative consultation took place with an Orthopaedic surgeon at the hospital which revealed the pain resulted from a reaction to the anaesthetic. You may know that for anaesthetic to fully leave the body’s system it can take several months, especially in acute, debilitating and costly circumstances such as these. Although specific supporting evidence, such as medical records, could be presented, I am advised that there is no legal requirement to do so in this matter.

It was during the evening of 26 October 2015 that one of these attacks of pain occurred which rendered incapacity and delayed both a timely return to the car and subsequent departure from the car park.

In terms of your additional enquiry, one of our party did run in to McDonalds to explain the situation and also to fetch a cup of water so that painkillers could be taken. The McDonalds staff though very busy were helpful and understanding, hence, in their haste, no one can remember the names of the staff. This is hardly surprising. There was certainly no mention by staff that the incident would incur a parking fine.

I hope and trust that you will appreciate the sensitive nature of this difficult situation for the family and give careful consideration to whether pursuing the matter is in your best interests. As you can imagine, it is certainly not in the best physical or psychological interests of someone here who is undergoing a significant degree of pain and disruption.'

In response to this letter, I received a letter from MET Parking Services saying they acknowledged receipt and reviewed my comments. They didn't address any of the content of my letter, but just reiterated their point about the car park having a time limit which I exceeded without authorisation. They then demanded £100.

I ignored that letter I'm afraid. I have now received a letter from DRP - Debt Recovery Plus Ltd - with a demand for payment which has now risen to £150. They cite a landmark court decision in the Supreme Court of the UK regarding a judgement that was handed down in favour of a parking operator and they evidence this as setting a legally binding precedent on all similar cases.

They tell me that if I don't pay £150 by 1 June they will 'recommend to the creditor that court action should be taken to recover what you owe'.

Could you possibly suggest how I should proceed? I am still not of a mind to pay as I still maintain that a) it wasn't a fair charge and b) it was a free car park in the first place and therefore no money has been lost by the company.

I hope to hear from you
Owen

[mystery1]

Re: Met parking charge notice - mcdonalds stroud

Well the 3 options are

1. Ignore and see if it goes to court, which at the moment is not something they do very often.

2. Contact McD and see if they'll intervene.

3. Pay.

I wouldn't recommend 3.

M1

[Imperial1974]

Re: Met parking charge notice - mcdonalds stroud

OK, many thanks. I think I'll go for option 1.

Well the 3 options are

1. Ignore and see if it goes to court, which at the moment is not something they do very often.

2. Contact McD and see if they'll intervene.

3. Pay.

I wouldn't recommend 3.

M1

[mystery1]

Re: Met parking charge notice - mcdonalds stroud

2 is also worthwhile sometimes and doesn't rule out 1 if it fails

M1