Oldham man 'unfairly' fined £170 for eating at Toby Carvery

Declan Morton, from Shaw,  dined at the popular carvery restaurant earlier this year for no particular occasion other than a meal after "a hard week".

The 24-year-old and his family say they have parked at Toby Carvery on Burnley Lane "many times" before without issue, yet in August this year, Declan was surprised to receive a £170 debt collection letter.

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He claims he had not received any other notification or letter in the five months since the alleged parking 'breach' on March 28, including what should have been the initial PCN with a right to appeal.

The carvery restaurant introduced new car parking rules in February this year (Image: Google Maps)

On receipt of the £170 fine, the family visited Toby Carvery where they spoke with managers and showed Declan's proof of purchase.

The receipt of payment, seen by The Oldham Times, shows Declan ate at the restaurant on Thursday, March 28, and paid £30.68.

However, Declan was told that bosses were unable to cancel the fine, despite his proof, as it had already been escalated to the next stage through Euro Car Parks.

Declan wrote to Debt Recovery Plus that he was met with "great surprise" to have received a notice for an unpaid parking charge months after the incident.

The letter was also delivered 13 days late - beyond the stipulated seven days the letter told him to take action.

He wrote: "I am not in the habit of ignoring correspondence - I investigated the allegation straight away and visited the restaurant and spoke to the management team.

"They were bemused why this was the only letter I had received and after reviewing and verifying my proof of purchase advised they would cancel the charge.

"Unfortunately, as the first process had bypassed and the opportunity to have this conversation at the initial point, they couldn't do it on their systems.

"I feel like I am being persecuted as a customer of Toby Carvery who has sold out to a parking company which is looking to maximise fines charges.

"It's persecution with suspected skullduggery." 

He has written to Euro Car Parks, Debt Recovery Plus and Toby Carvery with his proof of purchase to no avail (Image: Declan Morton)

Another letter from Euro Car Parks as seen by The Oldham Times told Declan the company "accept no responsibility for individuals failing to receive their letters".

It added: "An appeal should have been made within 28 days from the date of the Parking Charge Notice or Notice to Keeper/Owner.

"As no appeal was submitted within this time frame - we are unable to accept your correspondence as this parking charge notice has now been passed to a debt recovery agency."

His father Anthony Morton added: "My son has been targeted with this corporate scam.

"He is being penalised by Euro Car Parks which is claiming to have sent notifications he has not received.

"They have no proof of sending or delivering these letters.

"The debt collection company is threatening court, further costs and CCJs to someone who earns minimum wage and finds it hard enough to put food on the table."

Declan also wrote to the CEO of Toby Carvery in August this year but has not received a response at the time of writing.

The family say the whole ordeal has 'absolutely' put them off and that they will challenge the fine in court if it comes to it.

They added: "It has left a really bitter taste."

The news comes as some residents vowed they would "never" eat at the restaurant after it brought in new car parking rules in February this year - just weeks before Declan dined at the premises.

The carvery said the rules mean customers have to input their full vehicle registration details via a console in the restaurant, allowing diners to use the car park for free while non-customers can expect to receive a £100 parking fine.

When contacted by The Oldham Times, a spokesperson for Toby Carvery admitted the case was a "strange one" but that they could still help Declan.

The spokesperson added: "We introduced a parking monitoring system at the restaurant due to the overuse of the car park by non-guests, meaning at times people intending to visit the  Toby Carvery couldn’t as the car park was already full.  

"The system asks guests visiting the restaurant to enter their car registration into a number of tablets located inside the pub/restaurant, giving them free use of the car park when visiting.

"We’ve installed multiple signs inside the pub/restaurant and across the car park informing guests of the new system.

"We’re also encouraging our team to make sure guests are fully aware of the new parking arrangements. 

"If a guest feels they have incorrectly received a fine we ask them to get in contact with the team at the pub, or contact our Guest Care Team if they prefer, and our team will be happy to help."

Euro Car Parks has been contacted for comment.

Got a story? Email me Olivia.bridge@newsquest.co.uk