Does anyone know if there is anything I can do? Parking fine

[sophiaverloren]

I'm really angry about this, because I feel I have been caught out and really don't need to lose £75 at the moment - but is there anything I can do?

We stopped at McDonalds nr Gatwick (I know, I know...but I was tea deprived and there isn't a lot of choice!) and as we entered the car park were given a flyer saying that "to ensure that our customers have the opportunity to park adjacent to this restauraunt, it has become necessary to impose time limits on parking". = 45 minutes. I was with my SIL and DS who is 2. We commented on this and joked with the guy who handed out the flyer.

In we go, we sort ourselves out, we have drinks, I get my tea at long last. We have a bit of catch up chat, I go to the loo, Ds decides to poo, we change nappy. Finish my tea, SIL goes to loo, we go to the car, faff around with DS who wants to "drive", and leave. We check the time and think - gosh, didn't time go quickly, but still less than 45 mins.

Today I get a Parking fine because we were "parked" for 56mins.

Now, I know that's possible. It can take a good 5 mins to get DS in or out of the car depending on his mood. We weren't in a particular hurry. They claim to have photographic evidence. BUT: I don't know when the clock starts and ends ticking, as it were. In other car parks, it starts when you buy your ticket, or when you pay for your ticket at the end. It's not clear here, and I'm guessing it's the time you enter and leave the car park, which can add a good few mins extra.

The car park was almost completely empty. We were not preventing any customers getting anywhere near the place.

And finally - we filled the time quite legitimately as customers - I had barely finished my tea as we left!

What's the general opinion - do I pay up and shut up and accept that I never go to McDs again (no hardship!!) and warn everyone I know? Or could I make a case ?

Sorry this is long, and I'm an unknown - mostly a lurker - but I can't think of a better place to ask! (am on hold to CAB - is it worth talking to them????)

Thanks for any comments/advice!

hmm. is the fine actually from MCdonalds or from an outside parking firm? i would probably start by complaining straight to Mcds head office, threaten to make a big fuss, they are pretty customer service sensitive. sounds really unfair and a bit dodge.

I think that is outrageous!

IS the car park owned by Macdonalds.If so I would email them and make a stink.You were a paying customer after all

who has issued the fine? council or a private company?

I'd deny you were there that long and
a) ask for photographic evidence
b) contact McDonalds as well.

I had a notice through about an unpaid parking ticket in an NCP car park. I was at work at the time and dh had my car. He said that he hadn't had a ticket so i wrote to them and appealed and then demanded photographic eidence.

Never heard from them again

Were there any warning signs regarding time limit? Did it state what the penalty would be if you took longer than 45mins? Was the only warning you had the flyer you were given and did this state the penalty for over-staying?

Unless they make their terms and conditions of parking very clear, then I think they are on dodgy ground. Also, it is then in the interests of the restaurant to be slow in delivering your meal, doesn't it?

Look at the flyer and see what it says. If no indication of penalty, then I think you are probably in the clear.

Message withdrawn

There's always a remote possibility that this is some chancer of a firm and that McD's know nothing about any parking restrictions. Worth contacting them.

Crikey - I never expected such a fast response.

Right, I have the flyer here (fortunately I am slovenly woman and it was still lurking in the car! - this happened on 2/11)

So the top bit is the paragraph I quoted before "to ensure our customers...etc"

Then it says:

Customers will therefore be permitted to aprk for a maximum of 45 minutes with no return within 2 hours.

If you are in a large group and require additional time for your visit, please speak to the shift manager at the beginning of your visit.

This site is operated by Civil Enforcement Ltd 0115 822 5020

And then all McD logo'd up.

On the fine itself which came through, it says "we have photographic evidence of this incident. if you require a copy of this evidence, please send a cheque for £10..." - to be honest, this is one of the things that makes me mad!

Start with McDonalds do you think? Sorry, I'm a bit wimpy about this sort of thing normally and always worried I'll get it wrong!

sounds like extortion ! paying for evidence

i would go to CAB and i would also complain bitterly to Mcdonalds

Message withdrawn

might be one for watch dog>?

£10 for them to provide evidence? an absolute con - do not pay it!

you can always say that you did speak to the manager at the start of your meal - whos to say that you didnt?

Message withdrawn

www.roadsidelawyer.co.uk/questions/parked-in-mcdonalds-gatwick-for-breakfast-and-received-a-a3120-fi ne-is-this-legal

Right, really easy way to avoid paying this.

You write to them and tell them that althought you are the registered opwner of the vehicle, any number of people may have been driving the car that day.

As they are a private firm they have no right (unlike a council or police) to demand to know who was driving the vehicle.

If you go to www.consumeractiongroup.co.uk there is loads of useful advice there too.

HTH

Thank you all! You are wonderful.

An hour ago, I had no idea where to start - now I'm all fired up!

In April 2007, the British Parking Association issued a Code of Practice on the issue of parking tickets. The main provisions of the Code are as follows:-

• parking operators issuing tickets must have a written agreement with the landowner setting out the terms of their activities

vehicles may be issued with parking tickets on land on which they are not authorised to park or are not parked in accordance with the rules

• all signs must provide clear information indicating when a ticket may be issued and the charges payable
• vehicles that have paid to park and have overstayed the time but are not committing any other breach of the parking rules should be given a period of ?grace? before a ticket is issued
• a ticket may be given to a valid disabled badge holder if s/he is parked without authorisation on private land

tickets should only be issued where there are clear and adequate signs visible from all parts of the site and at all times, including after dark if the land is open and unlit

• if a ticket is issued, it must be placed on the vehicle in a secure way without damaging the vehicle
• photographs may be used as evidence that a contravention has taken place
• all signs must give clear indication that if a ticket is not paid, the vehicle keeper details will be requested from the Driver and Vehicle Licensing Agency (DVLA).

If the flyer did not contain details of any potential fine, then they are in breach of these rules. However, the company may not be a member of the BPA (and I suspect they are not). Dispute it anyway.

try this
forums.pepipoo.com/index.php?showtopic=14193&st=0&start=0

Also, look here, particularly page 3.

Just to add to my thanks - I have been reading all the links you have given me and it seems that McDs in Gatwick is a particular hot spot for this activity!

From reading the forums, I'm guessing that this man-handing-out-a-flyer thing is quite new as no one else mentions it. Still, it doesn't mention penalties, or that they will get details from DVLA (tbh, DH was really angry about that and the data protection issues - we had no idea that was possible in a private car park?)

The irony is, we had a little chat with said man-handing-out-a-flyer and DS, who was particularly cute that day, made a big deal of saying goodbye!