PCN McDonalds - won

[BucksC]

Re: PCN McDonalds

This site is really great - there's always someone around to help out when people like me are a bit technically dim!! Now uploaded met appeal rejection Really appreciate your help

[Amethyst]

Re: PCN McDonalds

Hi Bucks, You might need to copy and paste the text from the appeal doc straight onto a post as the word file is wonky xx I have taken it off the post for now.

( shows as per attachment )

[BucksC]

Re: PCN McDonalds

Trying again....I have retyped the letter as a word document, as unable to copy and paste for some reason so hoping it will work this time...although they don't state in the letter how long you have for POPLA appeal ..from looking at other posts I am assuming it is 28 days from the date of their letter which would be this Thursday 14th January if bank holidays are included by my calculations anyway. Thanks for all your help

...Sorry just realised you said copy and paste into post so just in case attachment doesn't work :

17th December 2015

Re: Parking Charge Notice Number

Site (677) McDonald’s High Wycombe
Issue Date: 23/9/2015

Thank you for your correspondence received 28/11/2015 in regards to Parking Charge Notice

We note that you are appealing as the registered keeper on behalf of the driver.

Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:

The terms and conditions of use of the car park are clearly stated on signs prominently displayed around the car park, these included that this car park is for the use of McDonald’s customers whilst on the premises only.

A site survey was conducted whilst your vehicle was on the premises and as there was no one to take accountability for your vehicle a parking charge was issued.

We are confident that there are a sufficient number of signs in place at this restaurant warning drivers of the restrictions in place. It remains the driver’s responsibility to ensure that they check the signage in place where they are parking their vehicle and comply with any parking restrictions.

We can confirm, therefore, that the charge notice was issued correctly and we are upholding it. To avoid any future parking charge notices, please ensure you always adhere to the terms and conditions of use of the car park.

This decision, which has been based on the facts of the case and takes into account our consideration of any mitigating circumstances, is our final decision.

You have now reached the end of our internal appeals procedure. You have a number of options:

1 Pay or, if you were not the driver of the vehicle at the time of the incident, request the driver to pay the Parking Charge Notice at the prevailing price of £50 within 14 days of today’s date. Please note that after this time the Parking Charge Notice will revert to £100.

2. Make an appeal to POPLA, the Independent Appeals Service, by going to the online appeals system at: www.popla.co.uk using verification code: Please note that POPLA will consider the evidence of both parties and make their decision based upon the facts and application of the relevant law. Please note that if you opt to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £50, and should POPLA’s decision NOT go in your favour you will be required to pay the full amount of £100. By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA as explained above.

3. If you chose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action.

Yours sincerely

Appeals Department
MET Parking Services Ltd

[mystery1]

Re: PCN McDonalds

Sort it soon.

M1

[mystery1]

Re: PCN McDonalds

http://parking-prankster.blogspot.co...a-process.html

buckscpopla.rtf

M1

[BucksC]

Re: PCN McDonalds

Thanks M1 for your speedy response - very impressive!! If you are this efficient in your day job then you must be creaming it....or otherwise your employer doesn't appreciate you! ;-)
I might be tying myself up in knots here but does it make a difference to POPLA appeal that the initial notice to keeper gives the date and time that the '"apparent breach of the terms and conditions that are displayed on signs in prominent places around the parking area and that those motorist entering the site agree to be bound by" took place? Is there any onus on them to prove that the driver was not in the restaurant as from the other posts I have read the usual offence is overstaying the 90 minutes - but in this case the car was observed for 1 minute, there are no cameras recording the entry and exit of the vehicle?

Thanks for all your help

[mystery1]

Re: PCN McDonalds

Our attack is focused on the keeper liability and lack of contract/authority neither of which change on whether the driver was or was not in the restaurant.

You could add something to cover this doubt but it's not really something that helps to win.

M1

[BucksC]

Re: PCN McDonalds

I'll Just follow your advice Thanks

[BucksC]

Re: PCN McDonalds

I am a bit confused as submitted POPLA appeal on 14th Jan and got an email acknowledgement of my appeal being submitted. Today I received a letter from MET parking threatening me with legal action/debt recovery agents if payment of £100 is not made within 14 days of the date of the letter (21st jan). I went onto POPLA site to track appeal and it is says it has requested the parking operator to provide information and evidence about my appeal and that I will be notified when they receive this information. I hadn't expected to hear anything from MET parking unless POPLA decision went in their favour so I am a bit confused as to why I am receiving this letter now and whether I need to do anything about it. Thanks for your help

[mystery1]

Re: PCN McDonalds

It's either a mistake or them being assholes. A quick email to say it's at popla should suffice.

M1

[BucksC]

Re: PCN McDonalds

Success! Today I got an email from POPLA saying that MET Parking do not wish to contest my appeal therefore my appeal is successful and I don't have to pay the parking charge, This really made my day! I am extremely appreciative of all your help with this. Your site is really great and I would urge other parking fine recipients to be patient and persevere and follow your advice - it is worth it in the long run.

Thanks again for everything and wish you all the best