Free Traffic Legal Advice

Hello, I have been directed to this form from another site and I realise I have done everything wrong! However any help would be much appreciated.

I inadvertently locked two meals and my car keys in the boot. My wife had to travel from Doncaster to Leeds to bring the spare key. The time limit in the car park is 90mins and I was there for 120mins. I realised I would overstay the limit and spoke to the manager in McDonalds who noted my reg number and said he would "sort it" However I received a PCN 2 weeks later.

McDonalds advised I appeal to the parking company (UKPC) and then to POPLA. I have done this and POPLA rejected my appeal:

POPLA assessment and decision
15/05/2024
Verification Code
8650724264
Decision
Unsuccessful
Assessor Name
Spencer Lawrence
Assessor summary of operator case
The operator has issued the Parking Charge Notice (PCN) as the recorded duration of stay was in excess of the maximum stay time.
Assessor summary of your case
The appellant has provided a detailed account of events. For the purpose of my report, I have summarised the grounds into the following points, and have checked each point before coming to my conclusion. The appellant states that: • They bought three meals from McDonald’s. • They locked their keys in their boot in error. • They had to wait for their wife to bring the spare key from home which took 1 hour 20 minutes. • They spoke to a McDonald’s supervisor who took their registration number and would ensure they would be allowed to overstay their time. The appellant has provided their phone bill as evidence to support their appeal.
Assessor supporting rational for decision
When entering onto a privately managed car park such as this one, the motorist forms a contract with the operator by remaining on the land for a reasonable period. The signage in place sets out the terms and conditions of this contract. Therefore, upon entry to the car park, it is the duty of the motorist to ensure they review the terms on the signage, and comply with them, when deciding to park. In this case, the signage states that there is a 90 minute maximum stay on site. I appreciate that the appellant stopped for a McDonald’s and managed to lock their keys in their boot which meant they could not remove their vehicle from the site within the timeframe outlined. I acknowledge the phone bill attached and appreciate that they rang recovery companies and subsequently their wife who brought the spare key as soon as they were able. I must advise that when looking at appeals, POPLA considers whether a parking contract was formed and, if so, whether the motorist kept to the conditions of the contract. Even if a motorist presents extreme circumstances setting out exceptional reasons why they did not keep to the parking conditions, POPLA does not have the remit to allow an appeal if a contract was formed and the motorist did not keep to the parking conditions. Whilst I completely understand the circumstances that led to the PCN being issued, by remaining on site 30 minutes in excess of the 90 minute maximum stay period, a PCN was correctly issued for a breach of the terms. I appreciate that the driver may have been a customer of the McDonald’s on site and bough three meals however, this is not why the PCN was issued. The driver exceeded the maximum stay on site and as such, a PCN would have been issued regardless of whether they were a legitimate user at the time. I note that staff took their registration and said they would ensure they would be allowed to overstay their time however, we are unable to take unauthorised third-party comments in to account. By utilising the site, the driver has agreed to the terms and conditions of the site made clear upon entry and has entered into a contract with the operator of the car park, UKPC. The McDonald’s staff do not work for the operator and are therefore do not have the authority to cancel the PCN or extend time. This is because it is the duty of the motorist to review the signage advertised by the operator and ensure they comply with it when deciding to park. Whilst I appreciate the frustration, the staff are unable to ensure a PCN will not be issued. Any issues in relation to this must be taken up with the restaurant directly as I am unable to consider this any further. Ultimately, it is the motorist’s responsibility to comply with the terms and conditions of the car park. Upon consideration of the evidence, the driver exceeded the maximum stay, and therefore did not comply with the terms and conditions. As such, I conclude that the PCN has been issued correctly. Accordingly, I must refuse this appeal.

I have since written to UKPC and told them I will take my chance in court so dont bother with the debt recovery company.

I know this is far too late in the process but what can I expect to happen next?

Thanks for your help

I don’t think it is going to matter much that the driver has been “outed”. Whatever happens, this is going to end up as a court claim. However, that is a good thing.

As it is UKPC, they will either litigate this themselves or they will use DCB Legal. Either way, a claim would never reach court if the standard advice and robust template defence are used. It will be discontinued.

Even in the extremely remote chance that it ever did get all the way to a hearing, the frustration of contract argument and the persuasive Jopson v Homeguard appeal alone would be enough to show that a vicissitude such as described would be enough.

Add to the facts that UKPC signage is never adequate enough to have formed a contract. Include all the technical and administrative failures that any UKPC/DCB Legal claims have in them and this is definitely worth fighting.

For now, the OP needs to carry on with Plan A and put pressure on McDonalds to get their agent to cancel the PCN. A lesson learnt that “Speaking” to the staff is not worth the paper it is written on.

If the OP is able to visit the location and find the staff member they “spoke” to and get them to confirm, in writing, that they did agree to “sort it”, then good luck but it would be useful. A complaint to McDs hierarchy is always worth a punt.

In the meantime, just ignore all final reminders and debt collector letters. Whilst they may appear to be scary, they are, in fact powerless to do anything. They are merely sent in the hope that you are low-hanging fruit on the gullible tree and will capitulate at their attempts to escalate the matter. They can’t.

If or more likely when, you receive a Letter of Claim from either UKPC “litigation dept” (a fairly new idea of theirs staffed by a useless and untrained so called paralegal who has never managed to file a claim properly) or from DCB Legal (not DCBLtd) that gives you 30 days (not 7, 14, or 21), come back and show us the letter. We do not need to see any other debt recovery letters. You can file those or use them as kindling.

Hello,

Thanks for the information.

The PCN and all subsequent correspondence is here https://imgur.com/a/rbu7Cvc I hope! (I have never done this before and I am a bit wary of the technology)
I do not have receipts for the meals.
I did stay on site and had another meal in the restaraunt when I was waiting for my wife to arrive with the spare key

Don't engage with debt collectors - they are utterly uninterested in any correspondence that does not involve you paying them. File and ignore.

Thanks for the above advice. As you thought I have now received a letter from GCTT. I will ignore and wait for the letter of claim. Thanks.

Looks like another threat-o-gram to me. Keep looking out for a Letter of Claim.