Private parking charge notice

[RichFR]

I would also ask him if he is willing to comment on the local newspaper story that is to follow as they have taken an interest

[ken anderson.]

congrats tim.....shame if she has inherited her granddad's looks...... .....good luck with your crusade against UKPC...

ken Anderson...ne...1 granddad's dept.....

[Area 51]

Tim, Congratulations! Much more important matters than this PCN to take up your time..

However, given it is sitting uncomfortably on your mind! The most recent succesful challenge to a PCN appears to have been made in the South; approved planning for any site also covers the provision of parking. If this planning approval states free parking, then you have them by the short and... if there is no further variation is applied for.

A call to the planning office re the Holywell site may be all that is needed to thwart this one!!

I will also most certainly reply to the franchise owner and highlight you WILL be contacting the local media about this; he has mentioned in his letter he also owns other franchises along the A55.. so perhaps once he feels the heat of your wrath.. his position will change, especially with unwelcome publicity..

A call to the planning dept. maybe all you need.... in the meantime, focus on the family.. the PCN is not important..

[Tim Mackey]

Thanks chaps - of course, as this is grandchild number five, I'm an old pro at this lark now LOL.

Ken..... you can go off people eh

I quite like the idea of mentioning the press, and Area 51, I shall be calling the planners tomorrow - nice idea!

[Tim Mackey]

Havent managed to get any joy from local council /planners yet as I have my 89 yr old mum in hospital with broken hip awaiting operation ;(

Did however receive the following - unbelievable reply number two from McDonalds franchisee.

 

Dear Mr Mackey,

I did indeed receive your further e-mail on the 4th March but have no further comment to make other than what I have already said in my e-mail of the 17th February. I am unable to enter into any further communication on the subject but can only refer you to UKPC to resolve the matter with your solicitor.

[Myron Beaumont]

Timbo .Unbelieveagle story ,and I admire you for standing up to these robbers in high places.As I well know (don't ask me how) these kind of things can even prevent you sleeping at night .EVEN THOUGH YOU ARE RIGHT !! Dont let them get to you !So much for justice ,police,fairness etc. This is a world full of money grabbers and so-called "legitimate robbers".You are not alone ,I can assure you but I wont go into personal issues here .All the best Tim from Myron

[Steve Hargreaves - Moderator]

Sorry to hear about yer Mum Timbo but keep yer chin up & ignore the swines.....it'll go away....

[John F]

Tim. As the macdonalds manager said it has nothing to do with them. The car park is contracted out so he has absolutely no power in this.

You should contact the company and tell them they have made a mistake.

[Tim Mackey]

Hi Myron, nice to see you back - you have been very quite the last few years.

Steve...cheers mate, she has just had the op yesterday, and thank god has somehow survived ( weak and old heart with complications, so we were all on tenterhooks during the 3 hour procedure ) and is now back on ward. I was at hospital 12 hours yesterday. I cant visit right now as I have just contracted a bad cold and will not risk spreading infection - hospitals are bad enough places for bugs and germs as it is!

Hi John, Im not sure I accept that at all. The franchisee owns the building and the car park, and therefore IMO "hires" this company UKPC to "police" his property. He has the opportunity should he so wish to stop this practice in his restaurant, but chooses not to do so.

I can't believe that he could not simply call UKPC and make this go away - heck if not, he should pay the invoice himself in the interest of positive customer service. Jeez, don't these customer service businesses understand the importance of good customer service !!

25 years + in food retailing multiples taught me many things, including that its customers who pay the wages !!!!

Either way, I AM NOT PAYING, but meanwhile, his "restauarants" will not be getting any more of my business.

[John F]

Sorry Tim, it doesn't work that way. If it is contracted out then all responsibility goes to UKPC. McD's have no input.

Having said that, the car park is free so you owe them nothing anyway! Unfair contract Terms 1977 covers that bit. **LINK**

[John Privett]

Tim, I totally agree with your stance.

This "parking company" should be working on behalf of the owners/tenants of this site to control the parking there. What they seem to actually be doing is exploiting every opportunity to extract money from visitors to the site, regardless of whether or not that is in anybody's interest apart from their own.

My suspicion is that there was never a parking problem there, and that the contract these people have was initiated not by the site owner but by themselves. I wonder if the site owner pays the company to regulate the parking, or whether the company pays the site owner to be allowed to "regulate" the parking? Just wondering...

[stu knowles]

These parking companies are an infestation that are appearing everywhere. Like clamping companies, they will go for so long until the groundswell of opinion forces the politicians to do something about them.

That said, those in the know have been very successful in getting the charges kicked into touch using their own parking appeals provisions or winning at Court. - It is essential to understand what works and what will not. Doing it right will get them off you back and cost the Parking Company money - result!

Please don't just hope that it will all go away, -it might, - it might not. Better to be proactive.

stu k

[Tim Mackey]

You see the problem here..... some folks advise to just ignore it all, and it will go away, yet others say DONT just ignore it, it may not!

I'll happily be proactive, but choosing the exact way forward is extremely complicated, and the WWW is awash with different advice and techniques. Im tempted to email UKPC, stressing my intentions to NOT pay, and maybe include the link John F ( thanks John ) supplied.

Ill just await someone to now tell me to NOT contact them at all

[stu knowles]

OK, I understand what you are saying, Its up to you to make up your own mind. Final word from me is that If you post your circumstances on either Peppipoo or MoneySavingExpert there are people on there that will help you in your specific circumstances

Either way, please keep coming back to this thread and let us know what happens. I hope that they get fed up and leave you alone very soon

cheers

stu k

[Codename-John]

ThIs might help you make up your mind Tim

[Devcon1]

Hi Tim,

I now have eleven "Penalty Charge Notices" from two companies, I no longer get any communication from either of them, I suspect they know they're not getting a penny from me and don't waste their money on paper or postage.

I wonder if there is anybody out there who can confirm they have been taken to a smalls claim court and have been forced to pay out their 60 pounds.

Kind Regards

John

[Martin Harris - Moderator]

Timbo,

Have you raised this with McDonald's themselves? Their head office is or was in Finchley.

Although it's a franchise operation, I suspect that McD's wouldn't want their reputation affected by the actions of their franchisees and might possibly be prepared to intervene?

[Tim Mackey]

From the research Ive done so far, ( and TBH I am getting very tired with reading it all - most cases that are up for discussion on the dedicated forums - yes theres a few ! - are lengthy, and involve pretty much the same yes/no/ignore style replies) suggests that Scotland is different on this matter Codename John.

John Milne - there are links ( which tbh I havent followed ) on aforementioned forums where some PPCs have taken people to court, and then won, with substantial extra costs awarded too.

Hi Martin, no I haven't, so may just try that next.

One of the first decisions is on whether to respond direct to UKPC with an appeal ( which I know is futile ) but supposedly its best to do that in order to follow procedure for the next stage which is to appeal via POPLA.

Of course, as with many people, this is just yet another blinkin' hassle on top of many others which I am dealing with at present - arrrgh sometimes you wonder if this is what life is all about eh!

Ill see if I can get any joy from maccyDs

Thanks chaps.

PS: havent done ANY r/c stuff at all for almost 2 years - just cant find any enthusiasm - at all

[John F]

Tim. The problem with researching endlessly is that you get endless courses of action.

All you need to do is tell them you are not paying and to politely tell them to stop contacting you.

Private land which has free parking has no case to invoice you for parking.

[Tim Mackey]

Thanks John F. I have emailed McDs HQ and we will see what happens.

If that fails, I will email UKPC, inform them as you stated, and if that produces another reply, then I will appeal via POPLA, on the grounds of.....

1) I was a legitimate paying customer on private land offering free parking.

[Tim Mackey]

Ive decided just now to email UKPC as well and have stated the exact same thing.

[Steve Hargreaves - Moderator]

Personally speaking I wouldn't email them Tim.....write to them by all means because they already have your address but if you give them your email address too they will probably sell it on. Bottom line with these characters is to keep your communications with them as limited as you can. At the moment all they are doing is threatening you so whilst I agree with Stu Knowles that its better to be pro-active its difficult to know how you can be. You have responded to them & told them you don't consider you are liable & any more re-stating of your position will be just that....a restating of your position to which they will just restate their position.....

It seems to me that the next move is theirs to make & you need to see what they do next. I think you will get a couple of nasty letters which you should ignore & then it will dry up.....not pleasant I fully accept but it seems that's how the game is played.

Keep yer chin up Tim.....we are all right behind you cheering you on.....

[Tim Mackey]

Cheers Steve

[Tim Mackey]

SUCCESS!

I did email them as follows:

Dear Sir.
I am informing you that as the registered keeper of vehicle DA06*** I have no intention of paying your illegally issued invoice No: 05071401230** demanding payment for using the car park belonging to McDonalds franchisee Mr Stewart Williams, situated at Holywell "Singing Kettle" North Wales.
I was a legitimate paying customer in the restaurant the whole time, and to suggest that any payment is legally due for such a purpose is preposterous.
Further more, even if a charge was deemed appropriate, £100 is completely disproportionate to any potential loss sustained by the owner of the land, which - as the car park is free to customers anyway - is of course NIL.
Please do NOT contact me again on this matter, as my solicitor has already been informed
( Swayne Johnson and partners ) and any further harassment will result in a counter invoice for my expenses incurred.
Thank you
Yours etc

 

I also copied McDonalds HQ in on the same note.

 

Now Im not sure which / what prompted the following letter, received this morning, from UKPC but hey ho.

 

Dear Mr Mackey

 

After reviewing our data, and the view of representations made regarding your case, we have decided to cancel this notice, and inform you that no further action will be taken.

 

RESULT!

 

 

 

 

 

 

 

Edited By Steve Hargreaves - Moderator on 13/03/2014 13:47:37

[Tim Mackey]

Hope the copy/pasting operation hasn't screwed up the formatting ;-(

So, thats TWO battles won this week...

1) Sky have finally agreed to supply me a new 2TB hd+ box after lengthy and tiresome complaining.

2) UKPC have also caved and seen sense.

Mum is slowly recovering, but its going to be a delicate and long haul, they are planning to move her to a cottage hospital very close to home later today, so at least visiting will be easier.

Thanks to all who have helped me in these matters - just one outstanding battle remains, which is our new carpets that we had before Xmas - another long story, which I did discuss elsewhere previously, but that's outside the scope of this thread ( Thank God I hear you all cry LOL )