PCN for Overstay at a Cinema and Restaurant

[HeinrichJ]

Just had my response turned down by MET Parking and so need to go via POPLA.

Here are the contents of the last response from MET.

Thank you for your correspondence received in regards to the above parking charge notice. After careful consideration we have decided to reject your appeal for the following reasons:
The terms and conditions of parking are clearly stated on the signs prominently displayed around this site. These include that parking is for customers whilst on the premises only and that there is a maximum permitted stay in this area of 5 hours. You have acknowledged that your vehicle remained on site for longer than the maximum permitted stay therefore we believe the charge notice was issued correctly and we are upholding it.
We would like to point out that the charge is for use of the car park and the time period begins from when your vehicle enters the car park to the time your vehicle exits, and does not relate to purchases made. It remains the driver's responsibility to check the signs where they park and comply with the terms and conditions.
This decision, which has been 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:
1. Pay or, if you were not the driver of the vehicle at the time of the incident, request the driver to pay the Parking Charge Notice at the prevailing price of £100 within 14 days of today's date.
2. Make an appeal to POPLA, the Independent Appeals Service, within 28 days of the date of this letter by going to the online appeals system at: www.popla.co.uk using verification code: ************ Please note that POPLA will consider the evidence of both parties and make their decision based upon the facts and application of the relevant law.
Please note that if you opt to appeal to POPLA, and should POPLA's decision NOT go in your favour, you will be required to pay the full amount of £100. By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA as explained above.
3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with court action.


It looks like a fairly standard reply and so I would like guidance on appealing to POPLA. I can also add my previous letter to MET if that will be helpful. The basis of the PCN was as follows

On 16/12/2018 vehicle ******* arrived at (840) Arla Old Dairy,
South Ruislip, HA4 OEY at 14:38:03 and departed at 20:26:25 on
16/12/2018 remaining on site for 348 minutes and exceeding the
stay authorised or without authorisation in an apparent breach of
the terms and conditions that are displayed on signs in prominent
places around the site and that those motorists entering the site
agree to be bound by. As a result, this parking charge notice, which
is now immediately payable, has been issued.

I made several point in my letter to them including that previous it took time to find a space so we arrived early, the cinema was running late and we did not get into the screen under after the advertised time, the film was nearly two and a half hours, not including the adverts and trailers and we went one of the restaurants afterwards.
I finished by saying that much as I am happy to support local business, I am not going to go there again for fear of such persecution.

This brings me to the point of what it costs the businesses. If they lose customers due to MET, surely there purpose is self defeating?

[ostell]

So have you contacted the businesses you used to ask that they cancel the charge, pointing out that they will lose business because of it?

Have you identified the driver, yes or no only.

can you post up both sides of the PCN suitably redacted. Leave dates.

[HeinrichJ]

I have not yet contacted either of the business yet. Cineworld or Frankie and Benny's, I can do so if you think it will make a difference. However, several years ago I was clamped outside Pets at Home who could do nothing. Then I had to pay on the spot but was able to get the credit company to cancel it due to the payment being made under duress.

Technically I have identified myself as the driver as I used I and we in the original response. I also included scans of the receipts from the two places.

I will need to edit the originals but The date of Contravention was 16th December 2018 and the Date of issue was 19th December. The reply to my initial response was dated 7th January. the main contents of the first notice to follow.

[HeinrichJ]

Here is a copy of the original dated 19th December


Parking Charge Amount: £100.00 Part Payment Made: £0 Payment Now Due: £60.00

The driver of the above vehicle is liable for a parking charge in the above amount which, at the date of this notice, remains unpaid in full and for which the balance due remains outstanding. This charge relates to the period of parking immediately prior to 20:26 on 16th December 2018 specified above, the charge having been incurred for the reason stated and liability for the same having been brought to the attention of the driver by clear signage in and around the site at the time of parking.

Payment is now required in the sum of £100, however, if payment is received within 14 days of this notice, a reduced amount of £60 will be accepted in full and final settlement.

We, MET Parking Services Limited, are the creditor. At the time of this notice we do not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle you are now invited to either pay the unpaid parking charge or, if you were not the driver of the vehicle, to notify us of the name of the driver and a current address for service for the driver AND pass this notice on to the driver.

Please be warned that if, after the period of 28 days beginning with the day after that on which this notice is given (i) the amount of the unpaid parking charge specified in this notice has not been paid in full, and (ii) we do not know both the name of the driver and a current address for service for the driver we will have the right to recover from you, so much of that parking charge as remains unpaid. This notice is deemed to have been given to you on the second working day after the date of sending it.

If you wish to appeal this notice, please do not pay us at this time because payment will close this notice and our formal appeal process. Further information including how to pay, the right to appeal etc can be found on the reverse of this notice.

MET Parking Services Ltd is registered in England No 5468096 I Registered Office: Cannon Place, 78 Cannon Street, London EGIN 6AF I VAT No GB 858 8789 34

Appeals

If you wish to dispute liability for this parking charge please forward your appeal, within 28 days (beginning with the day after that on which this notice is given), to one of the addresses below. Please ensure that your appeal includes your full name and address, vehicle registration number and the parking charge notice number printed at the top of this notice. Please also include all information to assist with a full investigation of your appeal. Appeal decisions should be provided within 35 days. In the event that your appeal is unsuccessful, and the contravention occurred in England or Wales, then you may appeal to the Independent Appeals Service (POPLA). Their contact details and a unique appeal reference will be provided with the appeal rejection.

Please note, in order to be considered, with recourse to POPLA, an appeal must be received by us within 28 days from the date of issue of this notice and POPLA will not accept an appeal if you have not appealed to us in the first instance. If you wish to appeal this notice, please do not pay the charge notice at this time because payment will close this notice and also close our formal appeal process.

Please appeal online at: www.appealmetparking.com

or send appeal letters by post to: Appeals Department, MET Parking Services Ltd, PO Box 64168, London, WC1A 9BE.

Complaints
Please note: If you wish to challenge the validity of this charge then you must use the appeals procedure detailed above. Other issues can be dealt with under the complaints procedure. If you wish to complain, you should complain to us directly in the first instance by writing to us at the address at the top of this letter. If you are not satisfied with our response, then you may refer your complaint to the BPA. Further details can be found at www.britishparking.co.uk.

Registered Keeper Details and Data Processing

Please note that we have obtained the name and address of the registered keeper of the vehicle from the DVLA for the purposes of enforcing this unpaid charge. Such information has been provided in accordance with the Road Vehicles (Registration and Licensing) Regulations 2002. If you consider that such information has been used or obtained inappropriately you should notify us immediately along with the DVLA (Release of Information, Fee Paying Enquiries Section, DVLA, Swansea, DVLA, Swansea SA99 1AJ) or the Information Commissioner (Wycliffe House, Water Lane, Wilmslow, SK9 5AF).

Photographic evidence and personal data may be used to enable performance of the parking contract and to protect legitimate interests. You have the right to request the following with regard to the use of your personal data: Inform you how and why it is processed; Access to it; Rectify incorrect information; Delete your information; Restrict its use; Transfer copies to third parties or Object to its processing. MET Parking Services Ltd is required under data protection law to verify your identity before providing information and must provide you with an explanation if refusing your request. The full privacy policy is available at: www.metparking.com/privacynotice, by telephone on 0207 118 3080 or via email at: dpo@metparking.com

Payment Information

When making a payment please have the vehicle registration number and parking charge notice number available. Payment shall be made to MET Parking Services Ltd, the Creditor, at the address specified in this notice by using one of the following payment methods:

Online - You can pay online 24 hours a day at www.paymetparking.com using a credit or debit card.

Telephone - You can pay by telephone via our 24 -hour payment line 020 3781 7471

By Post - You can pay by cheque or postal order made payable to: MET Parking Services Ltd by completing the payment slip below. Please send payments together with the completed payment slip to: Parking Charge Payments, MET Parking Services Ltd, PO Box 64168, London WC1A 9BE. Please write the parking charge notice number, the vehicle registration number and your full address on the reverse of your cheque/postal order. Please note when making payment by post we recommend using the Royal Mail's 'Recorded -Signed For' or 'Special Delivery' services.
Cash should not be sent through the post.

If you wish to appeal this notice, please do not pay the charge notice at this time because payment will close this notice and also close our formal appeal process.

[HeinrichJ]

So, I will need top go to the POPLA appeal. Is there any advice on the best way to approach this?

[HeinrichJ]

Went through the POPLA process a couple of weeks ago and got a letter from MET parking telling me my payment was overdue and various threats associated if I do not.
Just checked the POPLA status and it is showing as In Progress. So it would appear are acting prematurely.

[pt2537]

Went through the POPLA process a couple of weeks ago and got a letter from MET parking telling me my payment was overdue and various threats associated if I do not.
Just checked the POPLA status and it is showing as In Progress. So it would appear are acting prematurely.

I would write back and tell them you have exercised your right to appeal, therefore they are not entitled to demand payment at this stage, and that they should place the matter on hold while the appeals process proceeds

[HeinrichJ]

Now after a final demand from MET and now a letter from Debt Recovery Plus that arrived today, I am replying to DRP with the following.

It is very concerning that you are harassing me for payment while my appeal is still in progress. Via POPLA as instructed by your client.
Attached is a screenshot of the current status of the appeal which clearly says in progress.
Am I to understand that MET Parking and your own policy is to just ignore your own appeals process and pursue people regardless?

Thought it good to keep it short to them.

[charitynjw]

Do NOT contact DRP!

They are toothless debt collectors.

Your issue is with the PPC, & any legal rep they hire.

DRP can go whistle!

[HeinrichJ]

Already sent the letter to them. Will wait now then.

Good to hear DRP cannot do anything though. I am wondering why they are harassing before the POPLA result. Surely, they should not be doing this.

[charitynjw]

Already sent the letter to them. Will wait now then.

Good to hear DRP cannot do anything though. I am wondering why they are harassing before the POPLA result. Surely, they should not be doing this.

Because they think they can?

But it's not worth the hassle of fighting.
Just ignore DRP.

"Ignore who?"

[HeinrichJ]

MET Parking Services

Operator Case Summary
In his appeal to POPLA ****** states that he visited the cinema and a restaurant and was unaware of any infraction, he continues that the timings on the receipts of the day and the stated time entry on the PCN must be incorrect. The cinema receipt states 15.41 and the restaurant states 20.16 with the stated leaving time of 20.26. ****** states the entry time cannot have been 14.38 but probably an hour later. We note ****** comments however the terms and conditions of parking are clearly stated on signs prominently displayed around the car park. These included that there is a maximum permitted stay in the car park of 5 hours. If you refer to Section E of our Photographic Evidence, ******* vehicle can be seen entering at 14.38 and leaving at 20.26. The cameras in this car park are peripherals linked to a local central computer and the computer clock is continuously monitored through the internet. The images are stamped by the computer rather than the peripheral therefore the clock is the same for both the entrance and the exit lending the required accuracy for measuring the length of stay. The BPA routinely and regularly audit our processes to ensure that we maintain our systems in good working order and carry out the necessary quality checks. The audit is part of the requirements that we comply with as part of our annual renewal of our BPA AOS accreditation, therefore the motorists can take comfort from the fact that these systems are independently reviewed. We are confident that there is a sufficient number of signs in place in this car park that comply with all relevant regulation and legislation and that the signs are prominently displayed and clearly state the terms and conditions of parking. In Section E of our evidence pack we have included images of signs in place and a site plan of the location. It remains the driver’s responsibility to check the signs where they park and comply with the stated terms and conditions. The terms and conditions of parking are clearly stated on signs prominently displayed around the car park. These included that there is a maximum permitted stay in the car park of 5 hours. The photographic evidence we have provided in section E of our evidence pack demonstrates that ******* vehicle remained in the car park for longer than the maximum permitted stay. In light of the above we believe that the charge was issued correctly, and we believe the appeal should be refused.





Above is the response from MET Parking from yesterday.

Between my appeal to POLA and this response, I have received two demands from MET the previously mentioned one from DRP.

What is my next move?
I have six days to put in my response.

[charitynjw]

Can you remember where you were in the hour prior to your visit to the cinema/resteraunt?
If so, are there any witnesses who can corroborate?

Also, take a look around on the internet for any authoratative info re ANPR failure rates.
NOTHING is 100% reliable!

[HeinrichJ]

Probably at home an hour before but cannot remember for sure as I did not think I would need to be able to give an account of my exact whereabouts on the day.

But had a look at ANPR and they are by no means infallible. So will mention that.

[charitynjw]

Probably at home an hour before but cannot remember for sure as I did not think I would need to be able to give an account of my exact whereabouts on the day.

But had a look at ANPR and they are by no means infallible. So will mention that.

You could also request info disclosure re the equipment used to capture your vehicle's images.
Is it compliant/adequate?