MET Parking Services - Charge Notice - Borehamwood McDonald

[xeme]

Hi all

Legal Beagles has been very helpful in advising people to resolve disputes with various parking companies hence this time advice is sought again from here.

Recently a Notice to Registered Keeper was received pertaining to an overstay in Borehamwood McDonald. Please see below the details for your information.

On 11/08/200, the driver visited Borehawood McDonald twice in a day. One was at noon (around 1pm) and another one was in the evening (around 7pm). However the camera captured only the entry time/picture of the first visit and the exit time/picture of the second visit, hence showing the vehicle overstayed in the carpark for 409 mins.

Due to the above, I received a Charge Notice from MET, as a registered keeper of the vehicle.

Could you please advice what should I do and your advice is much appreciated.

A redacted Charge Notice (Notice to Registered Keeper) is attached for information.
Thanks.

[ostell]

Edit so that the identity of the driver cannot be inferred. Use " the driver..... " etc Post up the NTK suitably redacted but leave dates.

A common problem, known as double dip where the first exit and second entrance is lost/ignored. Have you got receipts for the purchases?

[xeme]

Edit so that the identity of the driver cannot be inferred. Use " the driver..... " etc Post up the NTK suitably redacted but leave dates.

A common problem, known as double dip where the first exit and second entrance is lost/ignored. Have you got receipts for the purchases?

Ostell, many thanks for your swift response.
Please see attached the redacted NTK for your review.

Receipt is very likely lost however would try to obtain other information to substantiate the purchase date and time.

Thanks.

[willyjohn]

All very well but they have to prove they have a right to sue in their own name. They will need to show any assignment or contractual nexus to suing in court as they are probably not the land owner. Mosr parking compaies fail this one.

[willyjohn]

Try and find some evidence of the vehicle being elsewhere in the gap time - Parking Eye got caught with the FILO trick in Devon but proved the car was elsewhere.


This is the rule for NTK where no ticket is attached to the vehicle - Protection of freedoms Act 2012 Schedule 4. I have never yet found a parking outfit to actually comply with it. They are not, at the moment, showing any evidence of terms and conditions alleged to be visible. The have no actual proof the vehicle was ever stationary - my partner had one five years ago where the entry pictures were worthless - they do not prove entry into "controlled area".


9 (1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2) The notice must-
(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b) inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c) describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d) specify the total amount of those parking charges that are unpaid, as at a time which is-

(i) specified in the notice; and
(ii) no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to
or left at a current address for service for the keeper (see sub paragraph

(4));
(e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper -
(i) to pay the unpaid parking charges; or
(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
(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;
(g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h) identify the creditor and specify how and to whom payment or
notification to the creditor may be made;
(i) specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

(3) The notice must relate only to a single period of parking specified under sub
paragraph (2)(a) (but this does not prevent the giving of separate notices
which each specify different parts of a single period of parking).
(4) The notice must be given by -
(a) handing it to the keeper, or leaving it at a current address for service
for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so
that it is delivered to that address within the relevant period.
(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.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so "given"for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose "working day" means any day other than a Saturday, Sunday or a public holiday in England and Wales.
(7) When the notice is given it must be accompanied by any evidence prescribed
under paragraph 10.
(8) In sub-paragraph (2)(g) the reference to arrangements for the resolution of
disputes or complaints includes-


(a) any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter
contained in it; and
(b) any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent
adjudication or arbitration.

[ostell]

They seem to have complied with POFA, apart from period of parking.


Dear Sirs,

I have just received your Notice to Keeper no. xxxxx for vehicle VRM xxxxx

Your equipment has failed to recognise two visits by the vehicle to the car park, well known in your industry as a double dip. There has been no breach of the parking regulations you set out for the site.

As the keeper I am not legally required to identify the drivers on each visit and the vehicle itself cannot create a contract.

Because you have requested my details from the DVLA without reasonable cause you have breached my rights under GDPR and you will be liable to pay recompense for this infraction, the current amount being in the region of £500.

I do not expect to hear from you again other than to confirm that there will be no further action on this matter and my personal information has been deleted from your files.

yours etc


They have put the permitted period of parking as 0 so I don't know what they are hinting at

[xeme]

Try and find some evidence of the vehicle being elsewhere in the gap time - Parking Eye got caught with the FILO trick in Devon but proved the car was elsewhere.


This is the rule for NTK where no ticket is attached to the vehicle - Protection of freedoms Act 2012 Schedule 4. I have never yet found a parking outfit to actually comply with it. They are not, at the moment, showing any evidence of terms and conditions alleged to be visible. The have no actual proof the vehicle was ever stationary - my partner had one five years ago where the entry pictures were worthless - they do not prove entry into "controlled area".


9 (1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2) The notice must-
(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b) inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c) describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d) specify the total amount of those parking charges that are unpaid, as at a time which is-

(i) specified in the notice; and
(ii) no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to
or left at a current address for service for the keeper (see sub paragraph

(4));
(e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper -
(i) to pay the unpaid parking charges; or
(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
(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;
(g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h) identify the creditor and specify how and to whom payment or
notification to the creditor may be made;
(i) specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

(3) The notice must relate only to a single period of parking specified under sub
paragraph (2)(a) (but this does not prevent the giving of separate notices
which each specify different parts of a single period of parking).
(4) The notice must be given by -
(a) handing it to the keeper, or leaving it at a current address for service
for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so
that it is delivered to that address within the relevant period.
(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.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so "given"for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose "working day" means any day other than a Saturday, Sunday or a public holiday in England and Wales.
(7) When the notice is given it must be accompanied by any evidence prescribed
under paragraph 10.
(8) In sub-paragraph (2)(g) the reference to arrangements for the resolution of
disputes or complaints includes-


(a) any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter
contained in it; and
(b) any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent
adjudication or arbitration.

Thanks Willy John.
Will try to see was there a record from office CCTV on that day.

[xeme]

They seem to have complied with POFA, apart from period of parking.


Dear Sirs,

I have just received your Notice to Keeper no. xxxxx for vehicle VRM xxxxx

Your equipment has failed to recognise two visits by the vehicle to the car park, well known in your industry as a double dip. There has been no breach of the parking regulations you set out for the site.

As the keeper I am not legally required to identify the drivers on each visit and the vehicle itself cannot create a contract.

Because you have requested my details from the DVLA without reasonable cause you have breached my rights under GDPR and you will be liable to pay recompense for this infraction, the current amount being in the region of £500.

I do not expect to hear from you again other than to confirm that there will be no further action on this matter and my personal information has been deleted from your files.

yours etc


They have put the permitted period of parking as 0 so I don't know what they are hinting at

Thanks Ostell.
Will try to see can I find out more evidence in the meantime. If not will send out the letter and see what they coming back.

[xeme]

In addition to the above letter, I am looking to get a witness statement from my colleague, to confirm the vehicle stated above, was not in McDonald's premises or carpark, during the stated hours.

Would it be helpful to my case? and is there a standard witness statement template?

Thanks.

[xeme]

Hi all, I have received a letter from MET saying that they've now cancelled my PCN and all personal information will be erased from the system.
Thanks once again.