DRIVER FINED £90 FOR LEAVING A McDONALD’S CAR PARK – 24/01/2019
This case here came to my attention this week at the time of writing this and it’s a problem that I have personally had to deal with, which I believe is worth covering in a blog as it raises a few points that on the face of it you are powerless to deal with.
The background to this case is that the driver was driving a hire car, he decided to make a pitstop at a service station, he got held up in traffic trying to leave McDonald’s incurring a penalty and the rental firm was billed by the car park operator with the money being deducted from the driver’s credit card account with an administration fee for processing the payment.
The driver did not have the opportunity to submit an appeal as he was unaware that he had inadvertently committed an offence and was unable to contest it because it was simply automatically processed without question.
The hire car firm returned the £90 paid on the basis that it could not locate a signed copy of the rental agreement.
All hire car firms have a clause that car parking violations will be paid and deducted from the credit card details held, it’s buried in the small print of the terms and conditions and it cannot be avoided without agreeing to it. However, the fact remains that you ought to be made aware of any violations so you can appeal it.
Although the registered keeper is responsible for unpaid parking charges and traffic violations, the responsibility lies with the driver who committed the alleged offence. I say ‘alleged’ because anyone can allege anything until it is actually proven.
Car park signs which set out the terms of the contract that you have entered in to need to be clearly visible and easy to interpret.
You cannot be fined for parking on private land, although you can be presented with an invoice (disguised as a fine) that has to be less than £100.
You cannot simply ignore it, not appeal and hope it won’t be enforced as civil action for recovery in the Courts can be applied. You have breached the terms of the contract you have entered in to with the land owner.
This is automated and legalised theft and I took a two pronged approach when I was in a similar situation a few years ago and I got the invoices disguised as fines immediately cancelled. I just throw the kitchen sink at this sort of situation and state that I will swallow up as much time, money and resources as it takes until I get the result I want.
The odds are stacked in your favour if you know how to fight back and contest these invoices disguised as fines.
I cover all aspects of appealing against parking tickets on private land and tickets enforced by councils, what to look for to cast doubt on the legality of the parking ticket and how to robustly dispute these in all scenarios complete with templates based on real-life test cases that work now on sale via Amazon as an e-book and paperback priced £2.99 / £7.99.
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