Met parking charge notice

[speedylu]

Hi,

This seems to be a commonly dealt with problem, so I'm looking for advise.

A parking charge of £100 was issued at MacDonald's car park (Stansted)
For an 80 minute stay in a 60 minute limit.

The fine will be reduced to £50 if paid in 14 days.

Do I have to legally pay?
What can I do?
How does an appeal work?
Do I have to have a 'topic' to appeal against it?

Can anyone help!

Thanks in advance

[mystery1]

Re: Met parking charge notice

Do I have to legally pay?

If a court says you have to pay then you pretty much have too.

What can I do?
How does an appeal work?

http://legalbeagles.info/forums/show...521#post636521

M1

[speedylu]

Re: Met parking charge notice

It is just the initial letter so far, no action has been taken.
The parking charge notice was received by post, showing photos of the vehicle and outlining the charge.

What is meant by 'protection of freedoms act 2012 schedule 4 paragraph 9' ?
Please forgive my lack of knowledge ")

[mystery1]

Re: Met parking charge notice

It's the law on keeper liability. In order to hold the registered keeper liable they must meet the defined criteria otherwise it's the driver who is liable The identity of the driver will nearly always be unknown.

Quite often the registered keeper is the driver but not always and an anpr camera has it's focus on numberplates.

The notice via the post is known as a "notice to keeper"



http://www.legislation.gov.uk/ukpga/...dule/4/enacted


4. Keeper liability




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 ....




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








(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.






M1

[speedylu]

Re: Met parking charge notice

Oh my goodness, thank you for the extra information.
I fear my level of intellect is too minimal to start to understand everything.
And to respond to a counteraction...

[mystery1]

Re: Met parking charge notice

To be honest, in most cases, understanding that isn't required.

You have goods odds to win, but no guarantee that between an initial appeal and a popla second stage appeal you will. If you proceed to popla then the discount is gone but like i sya there is a good chance to pay zero. Entirely your call though.

M1

[speedylu]

Re: Met parking charge notice

So if your appeal against the charge to MET Parking services, doesn't get accepted can you still pay the discounted rate then?
If you choose not to take it on to POPLA?

[mystery1]

Re: Met parking charge notice

Yes, usually. But Met are not going to uphold any appeal in most cases. More chance of McDonalds management doing so but they are not brilliant either. Popla is, statistically, the best chance.

M1

[speedylu]

Re: Met parking charge notice

Ok, a lot to think about!
Thanks M1 "):stars: