** Appeal won ** Parking Notice at Stansted Airport BP station

[angelfire]

Hi, a driver I know has received a parking notice for parking on a double yellow line at BP station near Stansted. Date of contravention is 3rd of April and date of issue is 30th May. The parking notice says that the car "was observed parked in an apparent breach of the terms and conditions that are displayed on signs in prominent places around the parking area and that those motorists entering the site agree to be bound by". The reason for the charge notice is: "No parking, waiting, loading or unloading on yellow lines". The driver's daughter had a tummy bug and was being sick and they had pulled in to use their toilets.They were there for 6 minutes. They parked there because they were not getting petrol and so didn't want to block a pump! Please help! Thank-you!

[ostell]

So there was no windscreen ticket? Edit you post so that the identity of the driver cannot be inferred, use "the driver......" etc.

If there is no windscreen ticket then the Notice to Keeper has to be received within 14 days of the contravention.

Probably a BOGOFF letter will do the trick but answer the questions first please, and do that edit.

[angelfire]

So there was no windscreen ticket? Edit you post so that the identity of the driver cannot be inferred, use "the driver......" etc.

If there is no windscreen ticket then the Notice to Keeper has to be received within 14 days of the contravention.

Probably a BOGOFF letter will do the trick but answer the questions first please, and do that edit.

Yes, there was no windscreen ticket. Thank-you!

[ostell]

Sirs,

I am the keeper of vehicle xxxx and have received your Notice to keeper xxxxxx

You have failed 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. You have therefore lost the right to transfer liability for the charge to me, the keeper, and it remains firmly with the driver at the time. There is no legal requirement for me to identify the driver at the time and I will not be doing so.

I do not expect to hear form you again on this matter other to confirm that no further action will be taken against me and my personal details have been removed from your files.

Yours....

First class post, free certificate of postage from a Post Office.

[angelfire]

Thank-you so much Ostell! I will write and let you know what happens. I really appreciate your time.

[angelfire]

So finally I get a reply and they have rejected my appeal for the following reasons:
"The terms and conditions of parking are clearly stated on signs prominently dispalyed in this area. These include that vehicles must not park, wait, load or unload on yellow lines. You vehicle was observed breaching these terms therefore we believe the charge notice was issued correctly and we are upholding it."
They go on to say:
"Please note we believe we may process the data as it is necessary for pursueing our legitimate interests in seeking payent of the out standing charge notice revenue due to us".
I dont even understand what they mean by "the data"?

Then they say:
"This decision which is based on the facts of the case and takes into account our consideration of any mitigating circumstances, is our final decision. You have reached the end of our internal appeals procedure and you now have a number of options."

The summary of options in 1. pay or 2. Make an appeal to POPLA.

Can anyone help me with this please? What do I need to do now?

Thank-you!

[ostell]

The answer was expected, noting new. You now appeal to POPLA, the second level of appeal. You should have a number to use for that appeal. A POFA failure should mean that you appeal will be upheld and no more will be heard about the matter as long as you don't tell them who was driving.

Do a Google search for "POPLA appeal Stansted" and you should have sufficient information to use as a basis for your appeal. As we haven't seen the NTK that you received then we do not know of other POFA fails in the letter. Post up your appeal for critique before sending it. The instructions for submitting should be in the letter you received.

[angelfire]

This is the NTK. Thank-you!

[angelfire]

The following is the basis of my appeal and the NTK is above. Thank-you!
Re: PCN at BP garage Stansted airport

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.


Paragraph 9(2)(f)
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.

The NTK was issued 57 days after the date of contravention.

[ostell]

Put the failure to deliver item first.

Add in that you believe they do not have the authority it issue charges and you expect to see the contract that they are relying on. A witness statement would not be considered sufficient.

[angelfire]

I will. Thank-you so much for your time and advice, I really appreciate it. I will come back and let you know the result.

[angelfire]

Sorry, one last question, I have just gone on the POPLA site, do I pick "Other grounds of appeal"?Thank-you!

[ostell]

Other

[angelfire]

Dear Ostell,

I finally heard back from POPLA today and this was the response:

Dear *********

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference ***************.

MET Parking Services have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team

Yay!!!!!!!!Thank-you so much for your knowledge, advice and patience.

[Amethyst]

Wooo hoooo !!! Well done AngelFire and ostell xxxxx