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MET Parking PCN - Broken Down at McDonalds. Please help.

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  • MET Parking PCN - Broken Down at McDonalds. Please help.

    Hi,

    Could someone please help advise best appeals approach for this? Deadline is in 4 days!

    I have received the attached PCN from MET as the registered keeper of the vehicle. The driver had overstayed 91mins in McDonalds car park as vehicle would not start on attempting to leave car park within the 60mins allowed. After several attempts to start the car, this led to the driver calling for emergency breakdown assistance (letter from AA confirming call out attached).

    This would seem to be a valid reason for cancellation of the charge, however concern is the following issues make this less straightforward:
    - After multiple attempts over course of around 100mins, driver eventually got vehicle started, before AA arrived, so call out was cancelled. Car park was exited 3mins after call out cancelled (per attached)
    - Time breakdown was requested per attachment was 14:25, which was 49mins after the 60mins allowed. This was due to driver attempting to self start car, then calling several breakdown companies to get quotes before confirming call out.
    - Would the details given on the AA confirmation imply the identity of the driver? Would this be an issue if breakdown is valid mitigation?

    Contact has been made with the manager of the McDonalds with request to cancel charge, they said they would email MET, but there has not been an opportunity to follow this up yet.

    Should the appeal be on the basis on the breakdown or should I take another approach? Any advice appreciated. Thanks in advance.
    Attached Files
    Last edited by Tomsky11; 18th November 2017, 12:49:PM. Reason: Edit attachment
    Tags: None

  • #2
    Re: MET Parking PCN - Broken Down at McDonalds. Please help.

    Hi, welcome to LB

    The Notice to keeper seems compliant with current legislation.

    But yes, send your appeal to MET on the basis of the breakdown.
    A supervening event which affects the performance of a contract is known as 'frustrated contract'.
    http://e-lawresources.co.uk/Frustrated-contracts.php

    Don't be surprised if MET reject your appeal, but if they do then they should supply you with a unique code for your appeal to POPLA.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
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    • #3
      Re: MET Parking PCN - Broken Down at McDonalds. Please help.

      Hi [MENTION=5553]charitynjw[/MENTION], thanks for the quick reply and advice.

      Should the appeal to MET be without reference to who the driver was as with other appeals I've seen or is this a different circumstance where it should be revealed? I'm assuming using the AA confirmation will give an impression of who the driver was. Or could this be provided with name redacted?

      Comment


      • #4
        Re: MET Parking PCN - Broken Down at McDonalds. Please help.

        The AA info probably won't reveal exactly who was driving.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

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