MET parking charge

[bangers]

I received a MET parking charge on 01/03/16, the offense was 22/02/16.

Was parked at McDonalds Gatwick for 10 minutes more than the 60 minutes free parking.

We were a customer of McDonalds (dont have a receipt), car broke down so called AA hence overstaying for 10 minutes. I've requested proof of the AA call out from themselves which can take 28 days to arrive...

Now, rightly or wrongly i haven't yet responded to MET. They've since sent me a few 'REMINDERS'...

What would the best action to take be? Shall i tell them i will be appealing once i get the proof of breakdown from AA, or wait until that arrives and contact them.

Many thanks

[mystery1]

Re: MET parking charge

Are you out of time to appeal ? If not

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

When you say 10 minutes can you be exact ?

M1

[bangers]

Re: MET parking charge

The initial letter says i have 28 days to appeal, those 28 days have since passed.

However, the most recent letter 'CHARGE IS NOW OVERDUE' states 'further information on how to pay, the right to appeal (please be advised that the independent appeals service (POPLA) is no longer available), etc can be found on the reverse of the notice.

Yes i can be exact to the time overstayed as they have provided time stamped CCTV images.

[bangers]

Re: MET parking charge

Any idea how i should proceed?

Thank you

[mystery1]

Re: MET parking charge

Can you tell me the time over exactly ? 10 minutes ?? seconds

M1

[bangers]

Re: MET parking charge

13 minutes and 15 seconds

(slightly longer than i first thought)

[mystery1]

Re: MET parking charge

And how far out of the 28 day appeals window are you ?

M1

[bangers]

Re: MET parking charge

Their initial notice is dated 01/03/16

So around 50 days outside the appeals window

[mystery1]

Re: MET parking charge

In that case, i'd hassle the McD manager and file any/all paperwork unless you get court papers.

Arguably they have not given the grace periods as per the BPA code of practice section 13. 10 minutes grace to exit and another, undefined grace period to enter and accept the "contract". It's unlikely to enter in to discussion with MET who will say it's too late.

M1

[bangers]

Re: MET parking charge

Is being broken down and overstaying the 1 hour free period grounds not to pay the charge? If not then i'll cough up and pay, or shall i offer to pay a smaller charge to them?

[mystery1]

Re: MET parking charge

Well if you accept that there is a contract then due to unforeseen circumstances you were unable to perform your side of the deal. This would be frustration of contract.

I forgot about the breakdown, so i would write to them and point it out along with copies of the paperwork. I think they'll reject/ignore you but in the unlikely event they do court the evidence falls in your favour. Don't forget to use this with the manager too.

M1

[bangers]

Re: MET parking charge

Ok thank you.

So shall i say something along the lines of,.... "Due to my vehicle breaking down i was unable to vacate the carpark in the allotted timescale, (evidence of breakdown provided). Please can you let me off the parking charge. (?)

[mystery1]

Re: MET parking charge

Dear Sirs,

I, as registered keeper, wish to appeal your parking charge notice. The driver suffered from mechanical issues which precluded them from vacating the premises (see AA report). As such any contract between driver and yourselves which may have existed would be subject to the doctrine of frustration of contract. They were also a genuine customer.

Yours etc

It might be too late to appeal but i'd still phrase it as such. Don't forget the McD manager needs to get some verbals too.

M1

[bangers]

Re: MET parking charge

Many thanks. I'm waiting to receive the AA report but once it arrives i'll send the letters off and update here as and when.