McDoomalds

I recently met a client at McDonalds in Wallsend, Newcastle-upon-Tyne. He bought me a couple of coffees and a muffin and we had a meeting. At the end of our meeting we got into our cars, he left and I returned a couple of messages that had been left on my phone and duly left also. Today I have received a letter from a company called Civil Enforcement Ltd, demanding £120 (£60 if I pay within 14 days), as I stayed 2hrs and 1 minute in the McDonalds carpark. This, they say, is "in accordance with the Parking Terms & Conditions clearly stated on the signage." I am completely bewildered. Firstly, I never saw any signage that they say is there, but then I wasn't looking for any as I didn't expect to have to pay to park in a car park of a restaurant I was using. Secondly, even if I have overstayed surely this charge is unreasonable? Thirdly the letter I received is titled "Parking Contravention Enforcement Notice", there is a "scales of justice" in the top right hand corner of the letter, whose only purpose I can see is trying to make the letter look official and when I phoned them up they called it a "Parking Charge Notice" and requested my "PCN number", surely it is only the police or local authorities that are allowed to issue PCN's? I have contacted McDonalds, through its customer care helpline, but all they said was it was a franchisee and that they would pass on my details. I have had no joy contacting the Wallsend McDonalds they just refer me to Civil Enforcement Ltd. Civil Enforcement Ltd said I have to pay charge or they will send to a debt recovery agency & I will incur additional costs for this. Can they do this without taking me to court & obtaining a CCJ first? Is this just a scam? Can I ignore this? Will it go away? If not, what can I do?

Asked on 26 September 2011 by GM, via email

Answered by Honest John
You can tell them you will see them in court. They can employ a debt recovery agency before a court order, but cannot employ bailiffs to enforce a debt without a court order. Usually, when people call their bluff, they try to get heavier still, then eventually relent. I have never heard of a small claims court judge making an enforcement order against a motorist who parked in a restaurant carpark and ate there. Fair enough if they used the carpark without using the restaurant. But not fair in your case.
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