MET Parking Charge Notice

[mjparker]

I was hoping to receive some advice concerning a Parking Charge Notice.

We recently were sent a Parking Charge Notice from MET for £100 (£50 if paid within 14 days) for overstaying at a McDonald's car park in Portsmouth.

At the time we did not know there was a 90 mins parking time and as such we overstayed by 50 mins. However we stayed in the restaurant the entire time. We ordered 3 sets of meals and 1 kids meal, then after a period of time purchased desserts and extra drinks.

There were 3 adults and a young child and none of us were aware of any signs or notices for fines for overstaying when we visited the premises.

I recently returned to the McDonald's in question to see where the signs are posted and took photos, so I am now aware of where they are located.

I have also yet to speak to the General Manager of the McDonald's that we visited. However I have spoken to other staff members and they informed me that they do not print receipts unless requested, however they do keep CCTV footage for up to 3 months, so we can prove that we were present and paying customers. We did not obstruct any other vehicles and there were ample parking spaces for other customers to use.

I would very much appreciate some advice on this matter.

Photos of the PCN, sign posts including the car park can be provided.


Regards

MJ

[Kati]

Re: MET Parking Charge Notice

If you can post up pictures of everything you've got (removing anything identifying you of course ) then I'm sure you'll get lots of help!! [MENTION=5354]mystery1[/MENTION] is good with these appeals, but he usually asks to see the PCN and any photos of signs etc...

Welcome to LB xx

[mjparker]

Re: MET Parking Charge Notice

Thank you for the warm welcome

Here are the images of the PCN and sign posts of the car park.

Where the white volkswagen is park was where we parked on the day.

Regards

MJ

[mjparker]

Re: MET Parking Charge Notice

Hope these are clear enough.

MJ

[Kati]

Re: MET Parking Charge Notice

Is there any chance you can get a close up of one of the signs too?? So we can see the wording

[mjparker]

Re: MET Parking Charge Notice

I will have to pop back there later to get an up close photo, but I will have it posted here asap.

[Kati]

Re: MET Parking Charge Notice

I will have to pop back there later to get an up close photo, but I will have it posted here asap.

Thank you xx

[mjparker]

Re: MET Parking Charge Notice

As requested close up shots of the signs in the car park.

I noticed one other sign post besides the one on the lamp post situated at the side of the building. I have included its photo too.

http://1drv.ms/1B3A24i
http://1drv.ms/1B3AeR5
http://1drv.ms/1B3AmA4

I managed to talk to the general store manager, however they told me that any disputes have to be taken up with MET and that they do not get involved in the process. However if MET do request specific information about a car/customer (be it were they on premises or not etc) they do check and return only the relevant information to MET regarding the specific query if they still have the information at hand.

I hope this provides enough information for you.

Would be grateful for some feedback as to how to proceed.

Thank you

Regards

MJ

[mystery1]

Re: MET Parking Charge Notice

Wait until at least 14 days have elapsed so that they cannot correct the NTK.

Dear Sirs,


I, as registered keeper, wish to invoke your appeals process. The driver was a customer of McDonalds. I note your notice to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 9.


Should you reject my appeal please supply a popla code.


Yours etc

If popla is need let me know.

M1

[mjparker]

Re: MET Parking Charge Notice

I have a question to ask. Personally after speaking to the general manager of the store, I felt that their stance was that they wouldn't get involved, hence they said we'd have to contact MET. However for some who were present on the day feel that getting evidence in the form of a letter from the general manager would benefit our cause when we go to appeal. My question is whether or not this is actually helpful to our cause? Would it even matter if the general manager says in writing that we were present in the store the entire time and were paying customers?

Would appreciate your thoughts on the matter.

Regards

MJ

[mystery1]

Re: MET Parking Charge Notice

Wouldn't bother.

Get on twitter and facebook because they hate bad publicity but make sure you don't tell them who was driver because the NTK means they lose at popla everytime.

M1

[mjparker]

Re: MET Parking Charge Notice

I appreciate all the help M1

But if you could answer a few questions for clarification.

Looking at the wording of the parking charge notice if the driver of the vehicle does not pay up in full in 29 days they will pursue payment from the register keeper of the vehicle.

So what is the difference between us waiting 14 days and not having the NTK changed vs appealing straight away? Either way we would still be harassed into paying.

You stated " I note your notice to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 9." Sorry I don't understand what you mean by this?

We'd also like to ask why going to POPLA is the ideal choice here and why we would succeed in not having to pay the charge once at that stage.

Sorry for all the questions, but we'd like to understand what we are getting ourselves into as we are concerned about the worse case scenario whereby we are taken to court, lost and end up having to pay more.

Once again thank you for all the help

MJ

[mystery1]

Re: MET Parking Charge Notice

So what is the difference between us waiting 14 days and not having the NTK changed vs appealing straight away? Either way we would still be harassed into paying.

I appreciate it is unlikely, however, why point out a flaw in the notice to keeper in a timeframe that allows them to send a corrected one ? You won't be paying.

You stated " I note your notice to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 9." Sorry I don't understand what you mean by this?

To hold the keeper liable they have to use the law. That law is http://www.legislation.gov.uk/ukpga/...dule/4/enacted

1(1)This Schedule applies where—


(a)the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land; and


(b)those charges have not been paid in full.


Right to claim unpaid parking charges from keeper of vehicle


4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.


(2)The right under this paragraph applies only if—


(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and


(b)the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.




(4)The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.


Conditions that must be met for purposes of paragraph 4


5(1)The first condition is that the creditor—


(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but


(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.


6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—


(a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8; or

(b)has given a notice to keeper in accordance with paragraph 9.



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.



I haven't gone in to forensic detail but they don't comply with many aspects of para 9 so cannot hold the keeper liable.

We'd also like to ask why going to POPLA is the ideal choice here and why we would succeed in not having to pay the charge once at that stage.

Popla look at the legalities if raised. The letters show they are chasing the keeper because they don't know who was driviving. How could they with anpr ? The letters also show they have failed to comply with statute.

M1