**CANCELLED** PCN from MET Parking Services Mcdonalds Gatwick

[elfabio]

Hi Everyone

I am obviously very new, but if someone can help me I would be forever grateful and will do my best to be as helpful as possible.

The registered keeper received a PCN from Mcdonalds in Gatwick Airport by returning to car park within a no return period (60 mins).

Firstly the driver bought food twice so genuinely stopped to purchase food. First time they got a happy meal for their daughter and a coffee for themselves and then their sister arrived and they picked her up and she was hungry and so they parked back to get her food and we went in for her to eat inside there. They thought that as long as you buy food you can park there and didnt realise there was a no return period, also the only way to leave the car park is to get the the ticket validated so you can open the gate to get out. They got the ticket validated twice to leave and no one said anything about a no return period.

It says on the PCN the driver left the car park 16:49 and returned at 16:58 so they think they stayed at the carpark within the total time allowed anyway which is 1 Hour I think.

Also to add my car is leased from LEX motors so the PCN was issued to LEX autolease and I will attach a photo of this and LEX then forwarded the ticked so arrived on the date the 14 day came to an end, so didnt even get a chance to appeal it before the 14 day cut off, I am also not so sure how to appeal this as it is addressed to LEX Autolease. The PCN also has photos of the car coming in and out.

I believe this is theft as the driver ate in MCDONALDS and was a genuine customer and went out only for 9 minutes and was back. Do this feels like a theft!!

Please can someone please advise me on what to write to appeal this I will be so so so grateful?

[Kati]

Re: PCN from MET Parking Services Mcdonalds Gatwick

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

[charitynjw]

Re: PCN from MET Parking Services Mcdonalds Gatwick

Hi & welcome to LB

Did you receive this from the lease co, or from MET?

[ostell]

Re: PCN from MET Parking Services Mcdonalds Gatwick

This is my response in the other thread you hijacked:

First of all edit your post so that the identy of the driver cannot be inferred. Use "The driver.....". This is important.

You could take this up with the manager of McDonalds as the driver was a customer and get them to cancel.

OK, just file the PCN that LEX forwarded to you and wait for your very own PCN addressed to you as the Hirer/keeper. What is supposed to happen is that LEX name you as the hirer and then MET should send a PCN directly addressed to you. With this PCN there should also be copies of the hire agreement with LEX and a copy of the PCN sent to LEX, if they want to hold you, the keeper at the relevant time, liable for the charges incurred by the driver. 99% of the time the PPCs forget this and therefore there can be no keeper liability.

The relevant portions of POFA for a hire car are paragraphs 13 and 14. In your instance take a look at 14 (2) (a). So wait for your own copy.

Have LEX charged you for providing the details? If so you may be able to claim that back from that as they may not have included that in their Ts & Cs.

I have noticed that the PCN makes no mention of POFA on the front, a copy of the back is needed. They are stating that the driver is liable for the charge. As they do not know the identity of the driver, and you have no legal obligation to tell them, then when your own version arrives then you can tell them to get lost.

[elfabio]

Re: PCN from MET Parking Services Mcdonalds Gatwick

I received the PCN from LEX with a letter saying I should resolve this or if they get another notice they will pay it and charge me with the addition of admin fees.

Thanks

[elfabio]

Re: PCN from MET Parking Services Mcdonalds Gatwick

Hi

I spoke to Mcdonalds and they said there is nothing I can do but resolve this with MET parking as I drove back to the car park within 60 minutes, but I argued I made multiple purchases and there is a contradicting information saying to leave the carpark you have to validate the ticket with a purchase which I did both times to be able to open the barrier.

Also LEX have put on the letter that accompanied the PCN that if I dont do anything and receive another reminder from MET that they will pay the PCN and then charge me in addition with admin fees as it was apparently agreed to in the policy. So basically I cant ignore it and wait?

[charitynjw]

Re: PCN from MET Parking Services Mcdonalds Gatwick

Check your lease agreement.
If they only mention admin charges for fines, they cannot charge you for this type of dispute.

[elfabio]

Re: PCN from MET Parking Services Mcdonalds Gatwick

This is the letter LEX sent me do I have any grounds to dispute it with them as it is in my lease agreement?

[ostell]

Re: PCN from MET Parking Services Mcdonalds Gatwick

As requested before what exactly is within your lease agreement? Does it mention paying fines and penalties? The PCN is none of those, it is a mere invoice, nothing more. I notice that the letter came from the Motoring Offences department of LEX, with an email address of finesandpenalties@lex... They are also telling porky pies in saying that the registered keeper is liable. This is not true. The legislation stated that the keeper can be held liable for the charges, though it is assumed, unless shown otherwise, that this would be the registered keeper. Once LEX have named you as the hirer keeper to MET then MET cannot claim the charge from them. It says so in the legislation. Here is the legislation, hire cars are covered in paragraphs 13 and 14. You will notice that 13 (2) absolves them from any liability if they follow the procedures.

I think, while you wait for that PCN in your own name, that you should write to LEX pointing out their errors, their misquoting of the relevant regulations and the fact that the PCN does not have any keeper liability. Indeed the PCN states that the driver is liable, no mention of keeper liability. You will not allow a charge to be made on you to cover the errors in their procedures.

The BVRLA (British Vehicle Renting and Leasing Association) have a code of conduct about parking charges, which LEX seems to have completely ignored,

Can you keep your responses on one thread please !!!

[elfabio]

Re: PCN from MET Parking Services Mcdonalds Gatwick

Can you please be so kind to advise me what to write in the email to LEX Autolease so I do not make any errors in my claims?

Many thanks

[ostell]

Re: PCN from MET Parking Services Mcdonalds Gatwick

First of all post up what your lease says about fines, penalties and the like. The questions aren't asked just for fun.


And then post up what you think your should be writing, based on the previous comments and a bit of reading of POFA.

[ostell]

Re: PCN from MET Parking Services Mcdonalds Gatwick

Have you found your original lease for the car? You will basically be telling them that what they have received is purely an invoice, not a fine or penalty. The copy of the PCN they sent to you does not have the requisite wording to hold the keeper liable and they would be foolish to pay this and you would not be responsible for their mistake.

[elfabio]

Re: PCN from MET Parking Services Mcdonalds Gatwick

Unfortunately I couldnt find the original lease for the car, should I call them and request they send me another copy?I wrote up the below to send them:

Dear Junaid Khalid,

Please note the PCN is a mere invoice addressed to LEX Autolease, nothing more.I believe that the registered keeper is not liable. The legislation stated that the keeper can be held liable for the charges, though it is assumed, unless shown otherwise, that this would be the registered keeper. Once LEX have named you as the hirer keeper to MET then MET cannot claim the charge from them. It says so in the relevant portions of POFA for a hire car legislation. Here in the legislation, hire cars are covered in paragraphs 13 and 14. You will notice that 13 (2) absolves them from any liability if they follow the procedures. Indeed the PCN states that the driver is liable, no mention of keeper liability. I will not allow a charge to be made on myself to cover the errors in LEX procedures.

[elfabio]

Re: PCN from MET Parking Services Mcdonalds Gatwick

do you think the above is good enough?

[charitynjw]

Re: PCN from MET Parking Services Mcdonalds Gatwick

Personally I wouldn't bother going into so much detail.
I would just state the private parking charge notices are not fines, as detailed in the lease agreement, & as such they are not subject to admin charges per the contract.
Let Mr Khalid do the donkey work.