Starbucks/ McDonald's southgate Stansted car park Met parking.

[M-car]

Hello

I am after some advice for a parking charge notice the driver have recived from met parking, after parking at the services Starbucks/McDonald's southgate close to Stansted airport.
The car was parked outside starbucks and the driver went in to McDonald's, and apparently left the premises of Starbucks car park, the driver had absolutely no idear that McDonald's was a diffrent car park, the car was parked less than 6 meters away from McDonald's ( has the world gone completely mad).

Any way the driver has appealed to met parking no joy, the driver then put a case together and appealed to popla, the driver belives a strong case as where the driver parked he/she could see the parking conditions of McDonald's parking and on entering the starbucks car park a sign was blocked by a McDonald's advertisement board, the driver also took photos of the road turning into southgate car park, its littered with McDonald's advertisement boards, so this give you the impression that the hole car park belongs to McDonald's. However popla appeal was refused as the driver didnt date the photos and they couldn't be used, in the process. So now met parking want £100 from the driver. No liability has beem admitted at any time and haven't named the driver.

The driver didnt see the parking conditions signs in the
Starbucks side of the car park, so was the driver bound in to contract by the sign?

any help and advice would be great.
thanks.

[ostell]

Post up the Notice to Keeper that was received, redacting identifying details, but please leave dates,

Has the driver been identified? Simple Yes or No.

[M-car]

Hello thanks for your reply.
No the driver hasn't been identified.
notice to keeper attached.

[ostell]

OK Edit your posts, all of them. The driver parked, the keeper appealed, both to MET and POPLA. Edit if you can. They can and have read the forums. You may have lost yourself a golden ticket case.

Met, as usual have failed to comply with POFA. Here's POFA Faiure to deliver the NTK with the relevant period of 14 days contrary to 9 (4) (it was posted on day 14), failed to give the required warning to the keeper 9 (2) (f), failed to give period of parking 9 (2) (a).

Did you appeal to POPLA mention any of the POFA failures?

You will just have to see if they take you to court. Ignore anything but a letter before claim. And get editing.

[M-car]

thank you for your fast reply.
no i didn't raise pofa with my popla appeal and they didn't make any mention of it.

ok i will wait and see if i get sent a Letter before claim, if i get sent this letter and i have to go to court will i have a strong case vs Met parking?

would if be worth me sending Met parking a letter stating they failure to comply with POFA?

thanks for your help.

[ostell]

It was up to you to mention the POFA failure with POPLA, not them to point out the failure.

Normally the appeal to MET would have been along the lines of:

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the prescribed relevant period of 14 days, contrary to section 9 (4) of the Act. You cannot therefore transfer liability from the driver at the time to me.

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.

The failures would have been continued into the POPLA appeal. Wait and see what happens. Ignore any debt collector letters but not a letter before claim.

You could write to MET saying that you have sought advice on this matter and realised that they cannot possibly have a claim against you as they have failed to comply with POFA and cannot therefore transfer liability from the driver to the keeper. They will probably ignore.

[M-car]

i will write a letter and keep you up dated.

thanks.