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MET PCN at Mcdonalds South Hayes

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  • MET PCN at Mcdonalds South Hayes

    Hi There,

    I need a help about a PCN issued to my car for overstaying at Mcdonalds at South Hayes.

    The car was not driven by me (registered keeper). The problem is that I kept ignoring the posts which MET was sending me as advised by a number of friends.

    The incident occurred back December last year. The driver stayed at the mcdonalds for slightly longer than required but was a legit customer and had a meal there. He was there for just over an hour, waiting for a friend to join him.

    Now MET has hired a debt recovery company called Debt Recovery Plus which is threatening court case and a possible CCJ. However the last letter I received from Debt Recovery Plus states "If you have difficulty paying or believe you are not liable for this charge, please phone our payment helpline on...to discuss payment options."

    Can anyone please advice what I should do as I believe time to appeal has now gone.

    Thanks for the help in advance.
    Tags: None

  • #2
    Re: MET PCN at Mcdonalds South Hayes

    Wonder what the payment options would be if you weren't liable ? Hmmm....

    http://www.legislation.gov.uk/ukpga/...dule/4/enacted

    Right to claim unpaid parking charges from keeper of vehicle


    4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.


    (2)The right under this paragraph applies only if—

    (a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met;


    Conditions that must be met for purposes of paragraph 4


    5(1)The first condition is that the creditor—


    (a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but


    (b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.



    If the keeper tells them who was driving then keeper liability is no longer in play.



    http://www.britishparking.co.uk/writ..._update_V5.pdf

    21.9 It is the driver’s responsibility to pay the parking charge
    notice. If you receive information from the keeper which
    identifies the driver, and the driver is someone else, you
    must serve the parking charge notice by post on the
    driver.


    Then the driver can appeal and if required go via popla.

    Alternatively you could ignore anything bar a letter before claim or actual claim.

    M1

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