MET Parking Charge notice Starbucks in Stansted. Please Help.

[Mrblue17]

Hello

I received a PCN from MET as the registered keeper. The driver overstayed by 20 mins, as was unaware of any charges.

I have read on various forums that these PCNs are scams and not enforceable. Please could someone advise what my options are before the 14 days reduced fine are up. AS I am not sure what grounds an appeal could be based on.

I have attached the parking charge letter with the details obscured.

Any help is greatly appreciated.

[charitynjw]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

Hi & welcome to LB.

Imho, many PCN's are scams.
Unfortunately many are enforceable.

Firstly, it is important to consider that ANPR footage does not show actual parking, only entrance & exit times.
It may be that a driver has to traverse the car park for several minutes before finding a suitable spot.
Then a 'reasonable' grace period is allowed for the driver to locate & read the site signage in order to decide whether or not to park.
Finally, a grace period of 10 mins is allowed in order to exit the car park.

I'm guessing this is the McDonalds/Starbucks, etc car park?
If so, have you contacted the management? (If you used their services.)

As regards a 'complaint'-type appeal to MET, if it were me I'd do so as registered keeper, but just to say that the Notice to Keeper does not comply with the Protection of Freedoms Act 2012 Schedule 4, & therefore there can be no transfer of liability from the driver to the registered keeper. Please remove my details from your database. Further usage of same by yourselves will be a breach of (your) Data Protection rights. In the event that you disagree, please provide a POPLA code.

Btw it's not compliant.

[OliverJames]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

Notice to Keeper does not comply with the Protection of Freedoms Act 2012 Schedule 4, & therefore there can be no transfer of liability from the driver to the registered keeper. Please remove my details from your database. Further usage of same by yourselves will be a breach of (your) Data Protection rights. In the event that you disagree, please provide a POPLA code.

I have seen this posted a few times before on the forum. Who is responsible for issuing a POPLA code? Is this something that the issuer of the ticket does? And do they only do so once you have requested it?

Sorry to interject on the thread, but this is something i've been meaning to ask since i first saw it

[charitynjw]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

Hi [MENTION=61850]OliverJB[/MENTION]

There are 2 trade associations, British Parking Assn & International Parking Community.

POPLA (Parking on Private Land Appeals) is the independent appeal body for BPA.
If an appeal to a BPA member parking co is rejected, the parking co should provide a unique code for an appeal via POPOLA.

Independent Appeals Service is the *cough cough* appeal service for IPC.
If an IPC member rejects an appeal/complaint, they should inform IAS of the fact & the consumer just appeals to IAS.
http://parking-prankster.blogspot.co...-kangaroo.html

Gosh!......how did that link get there?

[Mrblue17]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

Hi & welcome to LB.

Imho, many PCN's are scams.
Unfortunately many are enforceable.

Firstly, it is important to consider that ANPR footage does not show actual parking, only entrance & exit times.
It may be that a driver has to traverse the car park for several minutes before finding a suitable spot.
Then a 'reasonable' grace period is allowed for the driver to locate & read the site signage in order to decide whether or not to park.
Finally, a grace period of 10 mins is allowed in order to exit the car park.

I'm guessing this is the McDonalds/Starbucks, etc car park?
If so, have you contacted the management? (If you used their services.)

As regards a 'complaint'-type appeal to MET, if it were me I'd do so as registered keeper, but just to say that the Notice to Keeper does not comply with the Protection of Freedoms Act 2012 Schedule 4, & therefore there can be no transfer of liability from the driver to the registered keeper. Please remove my details from your database. Further usage of same by yourselves will be a breach of (your) Data Protection rights. In the event that you disagree, please provide a POPLA code.

Btw it's not compliant.

Thank You for replying [MENTION=5553]charitynjw[/MENTION]

The driver was a customer at Starbucks, and would have obviously left earlier if they had realised there was a charge. It was a busy lunch time so did in fact take time to park and leave the car park.

A complaint was made to Starbucks upon receipt of the PCN, but they said there was nothing they could do.

So would you be kind enough to please help with a step by step of what to do to put in the appeal to MET. As I suffer from Asperger's syndrome and find this quite hard. Though it seems a lot friendlier that some of the other forums I posted on.

Ideally I would like to appeal, but within the 14 days, so that if it does fail I can just pay the £60 instead of £100

Again thank you for your help, it really is appreciated.

[charitynjw]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

Firstly I'd email

If you would like to speak to our customer care team, you can call us on 020 8834 5050 - We're here to help Monday to Friday 8:30 to 17:30, excluding bank holidays.Also you can contact the Customer Care team directly by e-mailing ukinfo@starbucks.com or by post.
Our postal address is: Customer Care, Starbucks Coffee Company, Building 4 Chiswick Park, 566 Chiswick High Road , London, W4 5YE.

It'll cost nothing & you never know.

Also (& at the same time) put a 'soft' appeal to the parking co per post #2.
The object is to get the POPLA code.
Some companies will extend the time allowed for the discounted charge.

[Mrblue17]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

Thank You for that. I have emailed Starbucks and am going to put in a soft appeal to MET which I presume I can do through their website.

Can I just clarify what to put in the appeal, as I have looked it up on various sites and they say different things. From explaining your individual circumstance and why you shouldn't pay (without naming the driver), to sending a template of lots of legal and subsections etc etc.

Any advice on this or a template to use would be very helpful. Obviously I have your advice in post 2, but was just wondering how to set it all out.

Many thanks again. This site seems great.

[charitynjw]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

Personally, I would just send MET the 'not PoFA compliant' appeal.
They are not likely to consider, let alone accept, any appeal by a consumer.....we are, after all, cash cows.
& as said on another forum, it is ALL about money!

[ostell]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

I think a response along the following lines.

Your Parking Charge Notice xxxxxx fails to comply with many of requirement of the Protection of Freedoms Act 2012 Schedule 4 to hold me, the keeper, liable for the actions of the driver at the time. In particular, but not limited to, required section 9 (2) (f). I have no legal obligation to name the driver at the time and will not be doing so.

As I have no liability in this matter I do not expect to hear from you again expect to confirm that no further action will be taken and my personal details will be removed from your records. Please take this later as a request under the Data Protection Act section 10 (1) to save further distress and harassment. The act mandates a response by you within 21 days.

[OliverJames]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

Protection of Freedoms Act 2012 Schedule 4

I downloaded this for some light reading....very gripping indeed!

Attached if anyone else fancies a read haha!

[charitynjw]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

I downloaded this for some light reading....very gripping indeed!

Attached if anyone else fancies a read haha!

@OliverJB

As you may have noticed it is pretty dated (eg there are now 2 trade assns (BPA & IPC), & 2 appeals services, POPLA & *spit* IAS.

[ostell]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

So now that you have read POFA schedule 4 and compared the contents of paragraph 9 with the contents of your PCN you will notice there are several things missing. 9 (2) starts with: "The notice must" so missing items out is not optional if they are to create keeper liability.

You write to them, as the keeper, stating that they have failed to comply with the requirements of POFA schedule 4 paragraph 9 to hold the keeper liable and therefore no liability so no more communication expect to confirm that there will be no further action. If they send a POPLA cose then you specify all the missing items to POPLA.

[Mrblue17]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

So now that you have read POFA schedule 4 and compared the contents of paragraph 9 with the contents of your PCN you will notice there are several things missing. 9 (2) starts with: "The notice must" so missing items out is not optional if they are to create keeper liability.

You write to them, as the keeper, stating that they have failed to comply with the requirements of POFA schedule 4 paragraph 9 to hold the keeper liable and therefore no liability so no more communication expect to confirm that there will be no further action. If they send a POPLA cose then you specify all the missing items to POPLA.

OK thanks for that, so I have the information and how to reply from [MENTION=5553]charitynjw[/MENTION]. Now I have read the attachment you have sent and also downloaded http://www.legislation.gov.uk/ukpga/...dule/4/enacted to read paragraph 9. I am not sure what they have failed to include, and where it should be included. If you could please help with that, I hope to get the appeal off today.

On a side note I complained to Starbucks and they said they understand my annoyance but could not do anything about it, but would like to off some drink vouchers as a token of goodwill.

Thanks to everyone who has replied so far, I hope you will continue to do so.

[charitynjw]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

You write to them, as the keeper, stating that they have failed to comply with the requirements of POFA schedule 4 paragraph 9 to hold the keeper liable and therefore no liability so no more communication expect to confirm that there will be no further action.
I would also tell them to remove all your personal data from their records.
If they send a POPLA code then you specify all the missing items to POPLA.

As posted above by @ostell.

On a side note I complained to Starbucks and they said they understand my annoyance but could not do anything about it, but would like to off some drink vouchers as a token of goodwill.

Not a complete waste of time, then!

[ostell]

Re: MET Parking Charge notice Starbucks in Stansted. Please Help.

I am not sure what they have failed to include, and where it should be included. If you could please help with that,

Everything stated in 9 (2) (f) must be in the NTK. The start of 9 (2) states "must" . Just send what I suggested earlier to MET. You need the full list when you appeal to POPLA.