Parking at McDonalds

[ZYX]

I stopped at McDonalds, got a burger and met a friend. We went to their house, and on the way back out of town I went back into McDonalds again.

A PCN has been received saying that the car was in the car park for the whole duration, they only got a picture of the car going in the first time and exiting the second. I don't know how. The friend who used the car park the same did not get a PCN ticket for the same amount of use of the car park. Firstly the parking company were advised the letter was addressed to the wrong person, not the driver at the time, and the reply asked why the discrimination between users? They were told that the car left the car park..and where it went. A complaint was sent in at the same time about the unfair treatment.

The parking company refused to answer the question about discriminatory treatment of the different car park users. They wrote back wanting evidence of leaving the first time and claimed they conveniently couldn't find any in their pictures. I contacted McDonalds branch / Head Office who honestly did NOT want to stick up for an innocent customer or help with providing evidence. Who photographs their car during everyday activities to keep as evidence...and visiting a friend doesn't generate a receipt to prove the car went elsewhere meantime! They were sent a signed statement by the person who was visited, and another reminder that the question still remained...not everyone was being treated fairly...why?

The parking company were told that if they didn't believe the evidence sent, to contact my Solicitor and they would advise their charges for providing some sort of legal statement that the car park was left in the interim.

They have since written a letter to the incorrect address / person saying that the charge was still outstanding.

Next a letter saying that the charge must be paid or they will take the matter to court.

How do I get the parking company to consider the evidence sent? They are blatantly ignoring it and do not acknowledge it.

[ostell]

So what do the signs say? Any mention of no return within... on them?

known problem with ANPR, known as Double Dip. Letter signed by your friend stating that you and your car were with him at the time in question.

So how is the car connected to the wrong person

[ZYX]

The signs do not mention anything about "no return".

The car is insured for multiple drivers, and owned by someone who was 25 miles away at school on that day. One of the insured drivers - other than the owner - was driving. The paperwork is constantly sent to the innocent person, despite the parking company being advised to use a different address and being told that they are addressing the wrong person.

Due to Covid the company were told that the people involved are in isolation..one was / is stuck in Germany. The car driver has not been to the address that the parking company persist on using for a month..until last week when the latest letter was found.

The person who wrote the confirmation that it was them visited, and also not PCNd in the same way, is a Company Managing Director. Surely they are considered trustworthy..

[ostell]

So if they don't know the identity of the driver then they can claim from the keeper of the car provided they comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012


So post up the original Notice to Keeper that received by the keeper, suitably redacted but leave dates.

So have you got that signed confirmation confirming the the driver and car were at another location?

Do not identify the driver or even hint at who it could be for the time being.

Of course they can't write to the driver at the time, they don't know who that was.

[ZYX]

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Have got signed confirmation that the driver of the car really did have a meeting elsewhere (further to the earlier reply sent to them saying that the car left the car park to visit a friend)...... that the other driver involved has not been sent a PCN.... and that the driver of the car at the time is not the person they persist on writing to.

[ZYX]

[ostell]

The other driver, apart from giving you a witness statement, has nothing to do with it. Could be that as the cars left the car that got the PCN was at the front and closely followed by the second car, so close that the camera could not read the plate of the first car.

I did say leave dates, all dates. What was the date of issue?

I have already told you that they can write to the registered keeper, and hold them liable, when they don't know the name of the driver. And how would they know the identity of the driver.

[ZYX]

Date of issue was 14 Feb 2020.

The other driver did closely follow the car out of the car park the first time.

How can it be irrelevant that not all car park users are being treated the same way?

[ostell]

You were the one that went back, not the same situation.

Here's an appeal:

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.

The driver at the time made 2 visits to the location and your equipment failed to record this correctly. I believe this well recognised problem with ANPR is known as double dip.

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 a free certificate of posting from a post office.

That's is you haven't identified the driver.

[ZYX]

Thank you so much for your help. They took their time to reply, and it was really stressful to be hounded so much for something that I hadn't done, but it seems like this worked.