**WON!** PCN at BP garage Stansted airport

[laddie1960]

I the keeper received a PCN in the BP garage at Stansted airport for parking on double yellow lines. According to their photographs showing entry and exit the driver was there between 4 and 5 minutes. The ticket was issued by MET parking services. Can anyone advise what I should do about avoiding this penalty. Thanks

[ostell]

Re: PCN at BP garage Stansted airport

For a start it's not a penalty, it's an invoice. What has the driver been accused of doing, exactly? Can you get photos of the sign and what parking company is it?

Post up the PCN received, with identifying details redacted.

[laddie1960]

Re: PCN at BP garage Stansted airport

For a start it's not a penalty, it's an invoice. What has the driver been accused of doing, exactly? Can you get photos of the sign and what parking company is it?

Post up the PCN received, with identifying details redacted.

I have attached a copy of the PCN. i haven't got photo of the sign .

[des8]

Re: PCN at BP garage Stansted airport

For picture of a FORBIDDING sign either google "BP GARAGE Stanstead Airport or copy & paste:
www.google.co.uk/maps/uv?hl=en&pb=!1s0x47d88e53d55821d5:0x4e036620ecde17 0a!2m22!2m2!1i80!2i80!3m1!2i20!16m16!1b1!2m2!1m1!1 e1!2m2!1m1!1e3!2m2!1m1!1e5!2m2!1m1!1e4!2m2!1m1!1e6 !3m1!7e115!4shttps://picasaweb.google.com/lh/sredir?uname%3D115420791242851924053%26id%3D638883 0330620758306%26target%3DPHOTO!5sBP+garage+Stanste d+airport+-+Google+Search&imagekey=!1e3!2s-9bMTJNeDVas/WKmvVhLkSSI/AAAAAAAAAlQ/7MiapahrR_QIZ9oAJaPDOrc-oLh4g-1vACLIB&sa=X&ved=0ahUKEwiGt-nzg7_YAhVoCcAKHWNzC-IQoioIfTAK

Good example of non compliant NTK..no?

[charitynjw]

Re: PCN at BP garage Stansted airport

Good example of non compliant NTK..no?

Lol....yep!

Date of issue 20th Dec, so date of service deemed to be 22nd Dec.....well outside the 14 days allowed from date of parking event.
[MENTION=111810]laddie1960[/MENTION]
Perhaps it would be wise to edit your first post...."The driver parked........", etc.
It's never a good idea to ID the driver.

[ostell]

Re: PCN at BP garage Stansted airport

A golden NTK !

You must, as asked, edit the first post so that the identity of the driver cannot be inferred. Use "the driver ...." You, the keeper received the PCN

Besides being delivered outside of the 14 days required they have failed to comply with the othe requirments of POFA to hold the keeper liable, unless it is mentioned on the reverse. A simple bogoff response.

I am the keeper of vehicle xxxx and have received your Notice to Keeper xxxxx. You have failed to comply with paragraph 9 of the requirements of schedule 4 of The Protection of Freedom Act 2012 and therefore I, the keeper cannot be held liable for the actions of the driver at the time of the alleged event. I have no legal requirement to name the driver and will not be doing so. I do not expect to hear from you again apart from confirmation that there will be no further action on this matter.

[laddie1960]

Re: PCN at BP garage Stansted airport

I appealed today quoting failure to comply with paragraph 9 schedule 4 of the protection of freedom act 2012. within 2 hours they rejected my appeal. can anyone suggest what i should do next.

[Kati]

Re: PCN at BP garage Stansted airport

Have they given you a POPLA code??

[laddie1960]

Re: PCN at BP garage Stansted airport

Yes i have been given a POPLA code

[ostell]

Re: PCN at BP garage Stansted airport

So you write an appeal to POPLA showing that the Notice to keeper failed to comply with POFA to be able to hold the keeper liable. The main item will be the late arrival of the notice but then list all the other items that are missing. Here's POFA, go through 9 (2) and list and explain all the missing items., such as 9 (2) (f) failed to give the warning. Write it as though you are writing it for a 5 year old so that it must be obvious to the POPLA assessor. Write it up, put on here for critique then create a PDF file and email it to POPLA.

[charitynjw]

Re: PCN at BP garage Stansted airport

I appealed today quoting failure to comply with paragraph 9 schedule 4 of the protection of freedom act 2012. within 2 hours they rejected my appeal. can anyone suggest what i should do next.

Imho, and (of course) from a completely objective & non-judgmental pov.....

It just goes to show what a scammy, scummy bunch of lowlife predatory bunch of thieving cowboys they are,.

But that is just my unbiased thoughts.....

[laddie1960]

Re: PCN at BP garage Stansted airport

The following is going to be the basis of my appeal to POPLA.

I am contesting the NTK on the basis of MET Parking not adhering to the Protection of Freedom Act 2012 Schedule 4 Recovery of Unpaid Parking Charges on the following points.

Paragraph 8(2)(f)
warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)

the amount of the unpaid parking charges (as specified under paragraph (c) or (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;


Met Parking did not warn me of this.

Paragraph 9(2)(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;



Met Parking did not warn me of this.

Paragraph 9(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.

The NTK was issued 17 days after the date of contravention.

I would be obliged if anyone could comment on whether this is a basis to appeal

[ostell]

Re: PCN at BP garage Stansted airport

If there was no windscreen ticket then forget about paragraph 8. That is for windscreen tickets.

Reference the failure to deliver within 14 days first.

[laddie1960]

Re: PCN at BP garage Stansted airport

I appealed to POPLA and Met Parking withdrew from the appeal on grounds of goodwill. So i do not have to pay ticket. Thanks for all the advice to help me win the appeal.

[Stumbles]

Could anybody please give me advice on the same thing from the same place ?

I appealed which was rejected and I have a popla code..