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Messages - pangoluna

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1
Hello,

The RK received the following "Notice to Keeper" for a car parked in McDonald's premises and who allegedly left the premises for more than 5 minutes.

According to the driver, here is what happened:
- They placed an order from Mcdo app at 11:35am and parked around that time in the parking. They have the receipt.
- They went inside to collect their order and ate on the premises sitting on a table inside.
- A few minutes into eating at the table, an agent (can't recall if McDonald's employee or private parking employee) asked them if they had a car parked and they gave the registration to the person who was carrying a tablet to check. This must have been close to 11:50am because by the time the order was placed, collected and started eating, a few minutes must have passed.
- When they finished, the driver went to the bathroom and then outside to smoke and making a call. They may have stepped outside the premises, although it's not clear what defines the exact premises. They didn't realise it was a so-called "breached" after consuming a meal literally a few minutes before at this very McDonald's!

As the RK, I received the NtK below and the provided link shows only photos taken by the agent himself (not security camera) of the empty car at 12:00pm and 12:06pm. What a sneaky guy as the alleged offence started to be recorded at 12:00pm according to the photos and he probably asked the driver about their car just a few minutes before!

As the RK, I went to the McDonald's again to dispute this, in a friendly manner, but the manager said he couldn't do anything and only advised to contact MET Parking Services to appeal... He also said there were cameras "all around the premises" as a way to tell me not to challenge it if the driver did indeed leave the premises...

I read the topics and I can see that most threads suggest to send a letter about the non compliance of the NtK rather than disputing the facts.

Can this 3rd party company or McDonalds look at CCTV cameras and show that the person who arrived with the vehicle (as they left the vehicle to go inside and collect the order) indeed left the premises and then returned to take their car?

Anyway, any advice of this specific case or should I keep it simple? I understand that complaining to the MET Parking company is likely to fail anyway and that I will need to go to the next step after that.

Thank you!

2
Hello,

This is regarding a PCN received on a TFL Red Route yellow box junction in London. I still don't have the video which may void the whole case but I will take the worst case scenario and want to understand the LAW.

The law regarding Yellow Box Junction states the following:
Quote
(3) The prohibition in sub-paragraph (1) does not, in respect of a box junction within sub-paragraph (6)(a) of the definition of that expression, apply to a person who—

(a)causes a vehicle to enter the box junction for the purpose of turning right; and

(b)stops the vehicle within the box junction for so long as the vehicle is prevented from completing the right turn by an oncoming vehicle or other vehicle which is stationary whilst waiting to complete a right turn.

I am interested in the part in bold in that situation. Here what happened:
- waiting at the red light as the second car in line.
- light turns green and the first car in front move inside the box to try to turn right.
- the second car follows to also turn right.
- the right exit turned out to be not clear (it wasn't very clear from the red light position but whatever, let's assume it was visible).
- there is oncoming traffic blocking the first car to complete the turn so both the first and second cars are stationary on the box.
- the oncoming traffic stops but the right exit is still not clear for a few more seconds.
- the first car is therefore still stationary waiting for the exit to clear. It cleared after a few seconds.
- as the first car was stationary but without oncoming traffic, there is technically an offence committed by that first car as it is stationary because of stationary cars in the exit lane and not because of oncoming traffic.

But here is my question: is the second car also at fault? When reading the law above, it seems that the second car falls within the part in bold, that is it is waiting for the first car to complete its turn, independently from whether there is oncoming traffic or the exit was not clear.

Once I receive the video, I will be able to check if the exit was indeed not clear when moving inside the box (wasn't very visible from the driver's perspective inside the car) or how long after the oncoming traffic the exit cleared, could be just 2-5 seconds or so.

But even before receiving the video, I'm asking about the worst case scenario above which is that the exit was not clear and the first car had to remain stationary because of the exit not being clear. Is the second car committing an offence too in that case?

Thanks.

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