MET Parking Charge McDonald's Southampton (overstay)

[Peculiarfish]

Hey guys, so the registered keeper of the vehicle received this today.

Obviously I've read up on some moneysavingexpert and various other threads n forums regarding ignoring or appealling these private companies, but none were from 2019 so some updated info would be great!

In case the photo doesn't work, it's supposedly from the McDonald's car park in Hedge End Retail Park, Southampton, Tollbar way, SO302UH

for an overstay of 27minutes. (117mins in a 90min limit)

Accompanied by two time stamped photos of the vehicle.

Food was purchased from the McDonald's,
Also the driver did not leave the carpark area at any time.

Any questions or advice about the best way / reason to appeal etc would be much appreciated.

Thanks

[ostell]

Will this do?


Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

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 give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


Send first class post with free certificate of posting from any post office

It will probably be rejected but your next stage, a POPLA appeal, should be successful, especially when you add in the other POFA fails.

No period of parking: moving in front of a camera cannot, by definition, be parking
The creditor has not been identified

[Peculiarfish]

Thank you for your reply, could you please clarify for me what the failing to give invitation to keeper means?

Does it not just mean stayed on the premises longer than 90mins?

And what creditor?

Sorry if seems silly, not upto scratch on these things

Thank you for your time replying

[ostell]

So you really haven't read other parking threads. Have you looked at Schedule 4 of The Protection of Freedoms Act 2012: http://www.legislation.gov.uk/ukpga/...dule/4/enacted This allows the keeper to be held liable if they don't know the identity of the driver but the have to comply with the requirements of the Act.

With no windscreen ticket then paragraph 9 is relevant.

[Peculiarfish]

I have, and I have gone through that too but it's bloody confusing lol

Hence starting a thread on the forum and asking for clarification into laymans terms please.

Why would I not be liable as the keeper, if I don't say who the driver was?

Lots of cctv camera tickets are simply the keepers responsibility are they not?

I know must be annoying, n I can only apologise

Thanks

[ostell]

You are liable as the keeper because the law says you are. But only if they comply with the requirements of POFA, which has been pointed out to you, and they have failed to do so. Compare what is in your notice and what POFA says MUST be there, which us where paragraph 9 comes into play

[Peculiarfish]

I appreciate the replies, but you must realise most people can't make heads or tails of these sorts of documents. That's why people ask for someone to explain what it means, not just refer them back to something which they dont understand.

I'm not used to things being written this way and refering to a paragraph which then refers to another paragraph which refers to another etc is hurting my head.

I don't understand why my ticket would be invalid?
Because they didn't place a ticket on the windscreen?
Wouldn't that make most parking tickets these days invalid? As In London everything is cctv now..

Please explain it to me, I have read the document, I just don't understand it. Thank you