PCN McDonalds - won

[BucksC]

Hi,

As a newbie to this site I am looking for advice regarding a windscreen MET PCN received for parking for 1 minute in McDonalds carpark in High Wycombe.

Admittedly I wasn't in Mcdonalds at the time, I was meeting up with a friend in nearby Premier Inn but I fail to see how the parking attendant could have established that I wasn't in McDonalds in 1 minute. I received the PCN on 23rd September and after reading posts on this and other sites I was under the impression I needed to wait for a notice to keeper in the post. However, the PCN says I have 28 days from the notice on my windscreen to appeal and time is running out and I still haven't received a postal notice. Now having reread the windscreen PCN - it appears they wait until after the 28 days to write to the DVLA for my details and then I would have lost my chance to appeal. I was actually confused by the signs and understood I could park there for 90 minutes and even asked in the Premier Inn if I was ok to park in McDonalds and the person on reception said I should be fine. Obviously that wasn't the case. The charge is for £100 reduced to £50 if I paid within 14 days but that's well gone now. Would appreciate your help. Thanks

[ostell]

Re: PCN McDonalds

With a windscreen ticket they should not send a Notice to Keeper before 28 days have elapsed. They then have a further 28 days to get it too you. If they fail to get it to you within that 28 day window then they have failed to hold the keeper liable under POFA and can only chase the driver, who you don't tell them.

The NTK might just have errors in it that kills their opportunity to hold the keeper liable.

[judgemental24]

Re: PCN McDonalds

The 14 days and notice to keeper only applies to tickets given out by the local authority and the local police

What you have is a speculative invoice from a private car parking company

These are normally enforced through ANPR, not actual people. That is why you received the invoice through the post.

[Kati]

Re: PCN McDonalds

@mystery 1 will be able to advise ... but I'm sure you should wait for the NTK and then appeal :nod:

[BucksC]

Re: PCN McDonalds

Thanks for your posts, I am just worried that if I wait for the notice to keeper in the post that I lose my chance to appeal as the windscreen notice says I have 28 days from the date it was issued to appeal and that is nearly up. On the other hand if I appeal the windscreen notice, I supply them with my details so they don't have to write to the DVLA to supply them so I am a bit confused about what to do. Thanks for your help

[Kati]

Re: PCN McDonalds

When the NTK comes through the post, you will get a chance to appeal AS THE KEEPER instead of the driver

[mystery1]

Re: PCN McDonalds

Whether they let you appeal or not wait for the NTK. Generally BPA companies will accept appeals as keeper and IPC will not. Met are BPA.

M1

[BucksC]

Re: PCN McDonalds

Thanks so much - will wait for postal notice ..am very impressed with the speed of your replies offering advice to everyone:tinysmile_grin_t:

[BucksC]

Re: PCN McDonalds

Now received Notice to Keeper via snail mail - letter dated 11th November Received 17th November - provides a photo of car in car park and Notice to keeper just gives date and time of issue of PCN and reason as not in restaurant. There is no mention of the fact that the observation time was 1 minute on the PCN and photographic evidence is of car parked in car park but does not prove that wasn't in restaurant which would have been physically impossible to establish in 1 minute. Do I just ignore this issue and use standard appeals letter? Many Thanks for your help

[mystery1]

Re: PCN McDonalds

Was the 11/11 at least 28 days after the date of "parking" ?

Dear Sirs,




I, as registered keeper, wish to invoke your appeals process. The driver did not see any signs. 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.




M1

[BucksC]

Re: PCN McDonalds

Yes was over 28 days, I know they reject pretty much all appeals anyway regardless as they are just a money making racket. However, they have been quite clever in taking photo of parked car with some sign in the distance, not that it makes a blind bit of difference as from reading posts on this site, they have issued PCN's to people who were in McDonalds. I really resent paying such gangsters so hope that when as anticipated they reject my appeal that can have some hope of winning at POPLA. Thanks for all your help. It really is appreciated. Will submit appeal online and wait for their likely rejection.

[BucksC]

Re: PCN McDonalds

Apologies in advance that this doesn't give that much time for reply but was away over Christmas and only returned last weekend to anticipated rejected MET appeal dated 17th December day I went on holiday. Now have POPLA code and would appreciate advice on how to proceed and wondering what my chances of success if any are since new POPLA changes came into force? Took me most of the week to scan and download letter with personal details obliterated but now not sure how to attach them to the post...not very computer savvy I'm afraid. Thanks for your help

[BucksC]

Re: PCN McDonalds

Removed duplication..still haven't worked out attachment!

[Amethyst]

Re: PCN McDonalds

Click GO Advanced under the Reply box - the find the paperclip icon in the top bar and attach that way ( make sure your file is a sensible size 800px x 1000px is plenty and under 4mb )

If that fails email it to me and I'll do it tmw admin@legalbeagles.info xx

[mystery1]

Re: PCN McDonalds

Chances of winning at popla with failed keeper liability are very good.

M1