BP Stansted MET parking...

[Stumbles]

Good afternoon, any of you lovely people help me out with this please ?? Its been appealed, lost and i have popla code...

[Stumbles]

Anybody please ?? I am loathed to give these parking companies my hard earned money ...

[ostell]

Have you tried searching for other threads with the same problem? First of all the NTK is too late to hold the keeper liable for the actions of the driver. Also some of the wording described in POFA and must be there is missing and again no keeper liability. There is no legal requirement to identify the driver.

[Stumbles]

I did look but it's a bit of a minefield and I was getting confused, sorry. So it was issued to late ? That was something I thought I see in another thread.

Edit so do I need to send this to POPLA, I found another thread..

The following is going to be the basis of my appeal to POPLA.

I am contesting the NTK on the basis of MET Parking not adhering to the Protection of Freedom Act 2012 Schedule 4 Recovery of Unpaid Parking Charges on the following points.

Met Parking did not warn me of this.

Paragraph 9(5)

The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.


????

[ostell]

The notice to keeper has to comply with the Protection of Freedoms Act to be able to hold the keeper liable when they don't know the driver. Here's a link to POFA You are interested in paragraph 9. Lots of the statements that MUST me included are not there. Assuming that this was not a windscreen ticket.

Simple BOGOFF

I am the keeper of vehicle xxxx and am in receipt of your Parking Charge No. xxxxxx

The Notice fails to comply with the requirements of schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to deliver the Notice within the relevant period of 14 days as required by section 9 (4). I, as the keeper, can therefore not be held liable for the actions of the driver at the time. There is no legal requirement for me to identify the driver and I will not be doing so. I do not expect to hear from you again other than to confirm that no further action will be taken against me in this matter

This will not stop them but they will reject this appeal and give you a POPLA code. Appealing to POPLA with the same reasons will see the matter go away.

[Stumbles]

There is other information on the rear of the ticket, was sent through post not on windscreen. I have a POPLA code already so I now appeal using 9(4) and quoting your paragraph above ?

[ostell]

Yes, use 9 (4) as the main reason for not complying but add in the other reasons as well. The more the merrier. Look at other POLA appeals for an idea.

Suggest you post up on here before you send for critique

[Stumbles]

Met Parking did not warn me of this.

Paragraph 9(2)(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;



Met Parking did not warn me of this.

Paragraph 9(5)

The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

[Stumbles]

ostell ??

[ostell]

That should be enough but a few words around it. Put the 14 day failure first

[Stumbles]

Ok thanks its been sent .

[Stumbles]

POPLa appeal won, thanks very much Ostell for your help, you're a star...