Author Topic: MET McDonalds - OVERSTAY - SLOUGH  (Read 1188 times)

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Re: MET McDonalds - OVERSTAY - SLOUGH
« Reply #30 on: »
Just put “McDonald’s Prince of Wales, Slough” and it comes up n Google maps.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: MET McDonalds - OVERSTAY - SLOUGH
« Reply #31 on: »
I asked because the location is supposed to be clear in the NTK.

The "Prince of Wales" in Slough refers to a former pub, now a McDonald's restaurant, located on Windsor Road and known for its drive-thru service

A former pub. So it's not a postal address but a heritage reference!

And OP, on the subject of drive-thru, could you take us through what happened. You refer to collection which would be consistent with drive-thru.

But not the two ordering times.

Why not just start at the beginning.

The driver drove in to what they now know is a former pub and.......

Re: MET McDonalds - OVERSTAY - SLOUGH
« Reply #32 on: »
I don't disagree. However, you'd be pressed to persuade a POPLA assessor of that unless it was so generic as to create ambiguity. I have had successful POPLA appeals against ParkingEye where they have issued an NtK with the locations simply stated as: Lidl St Neots. There are two Lidl's in St Neots and as the address didn't clarify which of the two possible stores it as for, the appeal was upheld.

The test I apply for  this is you put what is in the address exactly as stated on the notice and it comes up with more than one option, then the address is not PoFA compliant as a relevant location.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: MET McDonalds - OVERSTAY - SLOUGH
« Reply #33 on: »
Slough - The Prince Of Wales. WINDSOR ROAD SLOUGH, SL1 2JD

but does it matter?  I was going to appeal with the points below

*No valid contract was formed due to inadequate signage, including a poorly visible entrance sign.
*The charge is unfair and unenforceable under the Consumer Rights Act 2015.
*MET Parking Services failed to provide a grace period or consider extenuating circumstances, in breach of the BPA Code of Practice.
*The charge is punitive and not a genuine pre-estimate of loss, making it an unenforceable penalty.


But apparently whatever I thought could be a good reason for the appeal turns out POPLA is not interested/will ignored according to the advice given here. So either pay them or just turn out to be continuous threatening by debt collector and dreading long wait which I may be taken to court and eventually have to pay anyway?!

Re: MET McDonalds - OVERSTAY - SLOUGH
« Reply #34 on: »
Why on earth would just pay if you honestly believe that the PCN has been issued unfairly. You sound just like the low-hanging fruit on the gullible tree that these firms prey on.

If you are unsuccessful at POPLA, so what? A POPLA decision is not binding on you. Debt recovery agent letters can. be safely ignored as they are powerless to actually do anything.

A county court claim is actually a good thing. It is the ultimate dispute resolution service. Why do you think that you will automatically lose? In the vast majority of claims we assist with, they are either struck out or discontinued. Of the very few that ever go all the way to an actual hearing, most are won.
« Last Edit: April 01, 2025, 06:59:10 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: MET McDonalds - OVERSTAY - SLOUGH
« Reply #35 on: »
As quoted in MET letter below, if you opt to appeal to POPLA, and should POPLA's decision NOT go in your favour, you will be required to pay the full amount of £100.00. Also, if you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may
proceed with court action. Although it's unfair, you said I can't win POPLA, so either pay now for £60, else £100 if POPLA going to reject my appeal, or I ignore the letter and have constant harassment from debt collector knocking on my door and worse is I have to pay £250 when I have to go to court....what choices do I have?

Snippet of appeal reply below:
"""
We are confident that our notice to keeper complies in all respects with the requirements of the Protection of Freedoms
Act
This decision, which has been based on the facts of the case and takes into account our consideration of any mitigating
circumstances, is our final decision. You have reached the end of our internal appeals procedure and you now have a
number of options:
1. Pay or, if you were not the driver of the vehicle at the time of the incident, request the driver to pay the parking charge
at the prevailing price of £60.00 within 14 days of today's date. Please note that if payment is not received by this date
the parking charge will be payable at £100.00 and further costs will accrue if the case is passed to our debt resolution
agents for collection or if we need to proceed with court action to collect the money due to us. Payment may be made
online at www.paymetparking.com or by phone on 020 3781 7471.
2. Make an appeal to POPLA, the Independent Appeals Service, within 28 days of the date of this letter by going to the
online appeals system at: www.popla.co.uk using verification code: 3860845071 Please note that POPLA will consider
the evidence of both parties and make their decision based upon the facts and application of the relevant law. Please
note that if you opt to appeal to POPLA, and should POPLA's decision NOT go in your favour, you will be required to
pay the full amount of £100.00. Please note if the contravention occurred in Scotland only the driver may appeal to
POPLA. By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides
an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not
chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do
so to POPLA as explained above.
3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may
proceed with court action.
"""

Re: MET McDonalds - OVERSTAY - SLOUGH
« Reply #36 on: »
Well, they would say that because they are hoping you are low-hanging fruit and easy to reach.

Which bit from this post was unclear?

TO be brutally honest with you, I don't think you have any chance at POPLA. What you have shown us above is not going to work, especially as you have simply copied and pasted from elsewhere bits that you think sound OK bat are totally irrelevant to your PCN.

I already explained why the PoFA argument is not going to work because the PCN was fully compliant with PoFA in the first place. So, whitening on about no Keeper liability, especially that the NtK wasn't given within 14 days of the alleged contravention is never going to work because to was issued only 3 days after the event!

Not being successful at POPLA does not mean that you have to pay the charge. The POPLA decision has no bearing on anything going forwards.

You say you can't afford the charge. Well, you wouldn't be able to afford it if it went all the way to court and you were unsuccessful because by then it will have increased to around £250. However, that does not mean that you'd be unsuccessful and the odds of it actually going all the way to a hearing conclusion is low.

Within the litigation process, you will have an opportunity to have a mediator discuss between you and the claimant an acceptable resolution. For example, you could come to an agreement to an acceptably mutual sum. You could also offer to pay that agreed sum in instalments... and so on.

If it were me in your situation and knowing what I do about the whole process, I would not worry about POPLA. I would let it go all the way to litigation and once I knew which firm of incompetent bulk litigators they use, I would then decide on whether to try and come to an agreement during mediation or, just let them issue a Claim and wait for them to discontinue.

There is always an element of risk in this strategy but I am only telling you what my position would be if I were in your shoes but with my knowledge of how these things play out.

You have a choice and we are prepared to assist. You either take our experience and use it or you go your own route. Choices.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain