MET Parking Charge notice Starbucks in Stansted. Please Help.

[Mrblue17]

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

Ok I think I am clear on what to put, even though I still am not sure what they have missed in section 9.

Anyway If I put:

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.


That should be OK?, I am only double checking as on another forum they have a big template of what to send, which I have listed below.

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


Thank you again to those helping walk me through this, I do appreciate you might find it frustrating dealing with someone who doesnt seem to understand. I hope my questions seem reasonable and again I appreciate your continued help very much in this matter.

[ostell]

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

The other suggested response is taking about "If they get details from the DVLA". In your case they already have them. Basically the same but different circumstances.

[Mrblue17]

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

Appeal, has been sent off. I shall no doubt be back on this thread in a few days with a POPLA code.

Thank you again, to those that have helped and continue to do so.

Really like this forum.

[Mrblue17]

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

Appeal, has been sent off. I shall no doubt be back on this thread in a few days with a POPLA code.

Thank you again, to those that have helped and continue to do so.

Really like this forum.

I have received an appeal rejection letter today with a POPLA code. I have attached the letter. Could someone please tell me if I still have ground to appeal? If so what and how to I appeal to POPLA?

[Kati]

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

tagging [MENTION=5553]charitynjw[/MENTION] [MENTION=39331]ostell[/MENTION]

[charitynjw]

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

Well, mission successful so far...you've got the POPLA code.

So you now have 28 days or so from that rejection letter to do the POPLA appeal, so no panic.

That particular car park is often very busy....I have heard that it can sometimes take a while waiting around for a space to park?

[ostell]

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

There is no period of parking, 9 (2) (a), the time given is the time between cameras and not parking, No keeper warning 9 (2) (f). Oh Heck I give up. Most of 9 (2) is not there!

List all the missing items in your appeal to POPLA, from the KEEPER. and state that as these are missing there can be no keeper liability and the appeal must therefore be accepted. Here is POFA In the appeal spell out the name fully: Schedule 4 of the Protection of Freedoms Act 2012.

Post your appeal on here first for critique before you submit.

[Mrblue17]

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

Well, mission successful so far...you've got the POPLA code.

So you now have 28 days or so from that rejection letter to do the POPLA appeal, so no panic.

That particular car park is often very busy....I have heard that it can sometimes take a while waiting around for a space to park?

Yes sometimes it can take 5/10 minutes to get in or out and that is without finding a space to park.


OK I understand I have to write a letter stating the parts of the POFA that were not written on the Parking Fine. I am just trying to figure out which ones need bringing up.

Is there a template to use, or does it need to be more personal based on this case?

Thank you so much for replying so quickly, I wouldn't have gotten this far without the help from this forum.

[charitynjw]

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

Ok

This will give you an idea of the POPLA process.
https://parking-prankster.blogspot.c...a-process.html

& you can get an idea of the format by following the links in
http://www.legalbeagles.info/forums/...t-Registration

Particularly the downloadable file in post #40.
(Cheers, [MENTION=5354]mystery1[/MENTION])

Tweak to suit your case & put it in your own words.
You can put it on here for critique, if you want to, before sending.

[Mrblue17]

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

Did you mean the file in this link
http://www.legalbeagles.info/forums/...047#post688047

I downloaded the file in post 40, but its hard to follow. I dont know what ground for appeal the keeper has. Specific to this case.

I do apologies if I am making this annoying for you. I suffer from Aspergers and find this stuff pretty tricky. I am trying though.

[charitynjw]

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

9

(1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2) The notice must—

(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b) inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(c) describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

(d) specify the total amount of those parking charges that are unpaid, as at a time which is—

(i) specified in the notice; and

(ii) no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

(e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i) to pay the unpaid parking charges; or

(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii) the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

(g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(h) identify the creditor and specify how and to whom payment or notification to the creditor may be made;

(j) specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

Above is para #9, Schedule 4, Protection of Freedoms Act 2012.

The bits in red are missing from the Notice to Keeper. (NtK)
In the part highlighted in green it clearly states that all of the wording has to be on the NtK, so if not, liability cannot be transferred from the driver to the registered keeper.
Because they have failed to do so, they now must pursue the driver, whose identity is unknown to them.
You are not under any obligation to ID the driver,
So don't.

[Mrblue17]

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

Above is para #9, Schedule 4, Protection of Freedoms Act 2012.

The bits in red are missing from the Notice to Keeper. (NtK)
In the part highlighted in green it clearly states that all of the wording has to be on the NtK, so if not, liability cannot be transferred from the driver to the registered keeper.
Because they have failed to do so, they now must pursue the driver, whose identity is unknown to them.
You are not under any obligation to ID the driver,
So don't.

I have drafted this, please let me know if I am anywhere near correct.


I as the Keeper am appealing with POPLA code XXXXXXXXX for the NTK. I am appealing on the grounds of the paragraph #9, Schedule 4, Protection of Freedoms Act 2012.


In particular 9.2b

9 2 (b) inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

9 2 (f)

(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and



(ii) the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;


All of these conditions are missing from the NTK and I as the Keeper have no liability with the fine, nor to name the driver at the time of the incident.



Thanks for your time again

[charitynjw]

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

I have drafted this, please let me know if I am anywhere near correct.


I as the Keeper am appealing with POPLA code XXXXXXXXX for the NTK. I am appealing on the grounds of the paragraph #9, Schedule 4, Protection of Freedoms Act 2012. (PoFA 2012)

The postal Notice to Keeper (NTK) is not compliant with PoFA 2012 for the following reasons.

In particular 9.2b

9 2 (b) inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

9 2 (f)

(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and



(ii) the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;


All of these mandatory conditions are missing from the NTK and therefore I as the Registered Keeper have no liability with the fine, and there is no obligation for me to name the driver at the time of the incident.

A few small suggestions.

[Mrblue17]

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

Should I add that the driver was not parked for that amount of time the cameras showing entry and exit, do not allow for traffic queues and for finding a space in a busy car park?

Or is what you suggested all I need?

[charitynjw]

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

To be honest, if they don't accept the appeal for non compliance of PoFA, I don't think they will listen to arguments around grace periods.
I would save them for later if necessary.