MET Parking Ticket (Outside of Box) - Virgin active. - WON

[blythy]

Hi Guys,

My wife parked slightly outside the box at Virgin Active. have a PCN for £60 - £100 / 28days.

I'm the registered keeper.

Following advice on here.
a) Wait for Reg Keeper PCN to me.
b) Appeal within 28 days of this.

Interestingly the inspector parked his bike next to the car and didn't issue the PCN whilst my wife was there, but came back later when she'd left. Coward!
She couldn't manoeuvre the car properly due to a car at the rear causing issue (they also got a PCN!!). hence the dodgy parking. She didn't block either side however.

Can someone please provide an initial Appeals template (I think this one looks identical for me: http://www.legalbeagles.info/forums/...491#post551491)

Really appreciate the help.
Lee

- - - Updated - - -

p.s She didn't photo signage but I can sort this, if required.

[mystery1]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

:okay:

M1

[blythy]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

Thanks M1. Need pics?

[mystery1]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

Pics are always good.

You sent the appeal though, right ?

M1

[blythy]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

I was going to wait for the Notice to Keeper first. Shall I just appeal it online before the 28 days anyway? Thanks

[mystery1]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

No. Waiting is best.

M1

[blythy]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

Thanks M1. I'm going back to the scene of the crime tomorrow to take my boy swimming. I'll get snaps (and hopefully not another f'ing PCN)


It's all fun

[blythy]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

M1. Here are the signs shot from different angles i) in car - far, nearer ii) outside - nearer, point blank.

The text is absolutely tiny for the specific conditions they raise. It's impossible to read in the car. I had to zoom my iPhone cam to even get the text legible facing it 1m away.

Is this ok?

Again, huge thanks.
Lee

p.s Apologies, for some reason the pics are not vertical.

[mystery1]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

Well if they are almost unreadable the right judge would say no contract as the average person would not have seen them.

Hopefully the NTK will supply enough ammo to not need these arguments to hold but are worth putting in as well

M1

[blythy]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

Thanks M1. Just quickly, what kind of ammo is found on the NTK ?

Cheers. L

[mystery1]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

For keeper liability to apply they must meet the reuirements as laid down in law by http://www.legislation.gov.uk/ukpga/...dule/4/enacted

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.
(3)For the purposes of the condition in sub-paragraph (2)(b), the vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.
(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.



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


8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) 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)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);
(d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is—
(i)specified in the notice to keeper, 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, 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;
(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 (if 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 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.
(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.




Failure to follow the rules above (and any others) are good ammo. Non compliance and lack of knowledge of the drivers identity screw them.

M1

[blythy]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

HI M1.

I had my NTK and appealed online with "Dear Sirs,
I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs. In any event your notice to keeper is fundamentally flawed as it does not comply with the protection of freedoms act 2012 schedule 4, in particular para 8. As such i, as registered keeper, do not have any liability. Please contact the driver. It is also noted that the charges are penal in nature and not a genuine pre estimate of loss.
Should you reject my appeal please supply a popla code.".

At this stage do you want to see the NTK on this one?
Thank you.
L

[mystery1]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

Sure.

Have you had your appeal rejected ?

M1

[blythy]

Re: MET Parking Ticket (Outside of Box) - Virgin active.

Dear M1,


I'm over the moon to tell you that MET dropped their PCN and apologised for the inconvenience following your advice and help.

I'm in your debt Sir!

Seriously, thank you for helping us. It's made our week!

Thank you.
Lee