MET PCN - won

[aran69]

Hi,

I received a letter in the post about a PCN from MET which came in the post the other day for not parking in a bay whilst using the gym in Stockley Park, which I've attached. The only reason I didn't park in a bay was because the carpark was full and where I parked wasn't causing an obstruction to anything/anyone.

In the picture the car has a ticket on the windscreen but there was never one there when I got to the car. I accept that I've been caught bang to rights in that I shouldn't have parked where outside of a bay, however a £100 fine I think is quite steep especially as I didn't cause any inconvenience to anyone by being there. As they would have a clear case if the matter were ever to go to court I just wanted to know If I had any grounds for appeal or If I should just pay?

Thank you for any help. I have tried looking through the forum for answers however as there have been changes to the parking laws in 2015 and most cases I found were from before then I wasn't sure if I could still use that advise.

[mystery1]

Re: MET PCN

Have you spoken to the gym management ?

M1

[aran69]

Re: MET PCN

Hi, thanks for your reply. I spoke with the gym and they said they won't be able to do much to help. The carpark is shared with a couple of other places within the business park. Is that my best course of action?

[mystery1]

Re: MET PCN

We can win, but having given away the drivers identity it's not quite as easy, but very doable. The management can help if they so desire, the staff usually just want rid of you.

We'll appeal as registered keeper and see if they notice.



Dear Sirs,




I, as registered keeper, wish to invoke your appeals procedure. The driver was a genuine gym user.




It is noted that your notice to keeper is fundamentally flawed when compared to PoFA 2102 schedule 4 para 9.




Should you reject my appeal please supply a popla code.




Yours etc








If/when you get a popla code please let me know.








M1

[aran69]

Re: MET PCN

Hi M1,

I could go back to the gym management and try and kick up more of a fuss about it if that will be more beneficial?

Also you said "having given away the drivers identity it's not quite as easy"; but I haven't given my identity away as far as I'm aware.

Thank you for your help so far.

[mystery1]

Re: MET PCN

When i read the opening post i thought you had. My mistake.

Yes the gym cancelling is best, if possible.

M1

[aran69]

Re: MET PCN

Hi M1,

I tried calling the gym and they didn't want anything to do with it. They said because I wasn't parked in a bay they couldn't help me. I'm planning to try again in person and see what response I get from them then.

Sorry to be a nuisance but I had a couple of questions about the appeal;
Would I do this via email or post?
You said to include "The driver was a genuine gym user" but wouldn't this be a moot point as the issue is that I didn't park in a bay rather than not being a gym member?
You advised "It is noted that your notice to keeper is fundamentally flawed when compared to PoFA 2102 schedule 4 para 9"; can you please tell me how it's flawed? I read through the paragraph and nothing jumped out at me.

Again thank you for all your help so far.

[mystery1]

Re: MET PCN

Would I do this via email or post?

Either. Email is free and absent a bounce which you'd get and know, is more reliable.

You said to include "The driver was a genuine gym user" but wouldn't this be a moot point as the issue is that I didn't park in a bay rather than not being a gym member?

You need a reason to appeal. I either use genuine customer or did not see signs. Genuine customer might be in the contract so i use that where possible. Not really an issue.

You advised "It is noted that your notice to keeper is fundamentally flawed when compared to PoFA 2102 schedule 4 para 9"; can you please tell me how it's flawed? I read through the paragraph and nothing jumped out at me.

That should be 7/8 and not 9. The requirements are pretty similar.

There is not period of parking specified. Just a time.

Statutory warning says if after 29 days. That is wrong.

M1

[ostell]

Re: MET PCN

And several posts are inferring who the driver was.

[aran69]

Re: MET PCN

I've sent my appeal to their Info@metparking.com email address. Would it be better to send it via their "Informal Challenge Form" on the website?

[mystery1]

Re: MET PCN

Should be fine.

M1

[aran69]

Re: MET PCN

Just got an email saying "Thank you for your email, unfortunately we cannot accept appeals by email" so have resubmitted the appeal on their website.

[mystery1]

Re: MET PCN

Muppets. Oh well website it is.

M1

[aran69]

Re: MET PCN

Got correspondence from MET saying that the appeal had been rejected which also came with another letter saying the parking charge was now over due.

The parking charge reminder says that POPLA is no longer available but the appeal rejection letter says it is; is this the next step to take if it is still available? If so do I appeal using the same template provided for the initial appeal?

[Kati]

Re: MET PCN

Looks like Met's right arm doesn't know what its left one is doing ... POPLA it is [MENTION=5354]mystery1[/MENTION]??