2x MET Parking Charge Notices whilst in my own space - won

[Barking Charge]

Hi all,

I'm new but this place looks very helpful for parking related queries!

I have received 2x PCNs from MET parking this week whilst parked in MY OWN allocated parking space in the car park of my apartment complex. The charge is for "no valid ticket/voucher/permit".

Having taken the car out for a bit of a trip out the city a couple of weeks ago, along the way the permit slipped off the dashboard onto the floor and we simply forgot to replace it after our day out.
Living in the centre of a large city, I don't have much call to use my car so did not go back to the car park until this weekend by which time I'd accumulated two PCNs.

The car park is a private residents only one, with allocated numbering - that space is my spot and no-one else is eligible to park there.

I would almost be tempted to pay off one PCN to avoid all this hassle but as I have two (!) I obviously feel quite aggrieved about this and would love to know if I have a leg to stand on here. I have read some threads and stories of people appealing through POPLA but tbh I'm not even sure where to begin.

I have attached a photo of one of the signs dotted around.

Some advice on what to do next would be much appreciated.

[ostell]

Re: 2x MET Parking Charge Notices whilst in my own space

Get a copy of your lease out and tell us what it says about parking. If the space is allocated to you in the lease then you can most probably tell the company to go away and stop bothering you.

[Barking Charge]

Re: 2x MET Parking Charge Notices whilst in my own space

Thanks for the prompt response ostell!

I have attached two snippets from the lease.
The first comes from the "particulars" section (my space is #49).
This must be the relevant section?

[ostell]

Re: 2x MET Parking Charge Notices whilst in my own space

And there is no requirement in your lease for a permit to be displayed ?

You will be writing to them as the keeper saying that as the landholder (you are aren't you) there is no requirement in your lease to display a permit on property which is yours. The terms of your lease gives you parking rights in that space and is superior to any contract they may have.

As you cannot be liable for any charge then you expect your personal data to be removed from their filing systems and this will be confirmed. If not a complaint will be made to the ICO.

You may care to point them to the case of Davey V UKPC which cost the PPC in excess of £1,400.

[Barking Charge]

Re: 2x MET Parking Charge Notices whilst in my own space

Thanks ostell.

Indeed there is no mention of permit requirement in the lease.

I've never had to contest anything like this before, would the letter be in the format of an appeal or simply an "FYI, you may get stuffed" ?
And would I need to do one for each notice?

[ostell]

Re: 2x MET Parking Charge Notices whilst in my own space

It's really not an appeal because you have nothing to appeal about, they have trespassed onto your land where you had a right to park and didn't need to ask their permission to park. Separate letters for each PCN, make them spend money. If this was only a windscreen ticket then wait for the NTK.

One more check on the lease: Is there any mention of obeying the managing agent or something like that.

Remember that they may not give up but take it to court so don't write anything you wouldn't want a judge to see.

You will be telling them that you are not liable for any charges on your land and to desist. include all the details in post #4.

Post up here for critique first,

[mystery1]

Re: 2x MET Parking Charge Notices whilst in my own space

http://legalbeagles.info/forums/show...521#post636521


The driver has permission to park from the leaseholder who confirmed from reading their lease that there is/was no requirement to display a permit or indeed have any deference to an outside company as the space belongs to them as occupier.

M1

[Barking Charge]

Re: 2x MET Parking Charge Notices whilst in my own space

Thanks both for the advice so far.

The leaseholder is my Dad but obviously i have permission to use the space.
Thankfully I see no mention of obeying "The Manager" in the lease.

They were windscreen tickets so i am to wait for the NTKs before doing anything else?

Here is what i have so far:

Dear Sirs

Re: PCN No. ....................

I, as registered keeper, challenge this 'PCN'. The driver had permission to park in space number 49 from the landholder who confirmed, from reading their lease, that there is/was no requirement to display a permit or indeed have any deference to an outside company as the space belongs to them as occupier.
The terms of the landholder lease gives the driver parking rights in space number 49 and is superior to any contract MET parking services may have.

As I cannot be liable for any charge, I expect any of my personal data to be removed from your filing systems and this will be confirmed. If not a complaint will be lodged with to the ICO.

Yours faithfully,

[mystery1]

Re: 2x MET Parking Charge Notices whilst in my own space

Correct.

M1

[Barking Charge]

Re: 2x MET Parking Charge Notices whilst in my own space

Ok so I have received NTKs now. Do i need to post them here?

[mystery1]

Re: 2x MET Parking Charge Notices whilst in my own space

Eventually for popla but http://legalbeagles.info/forums/show...526#post636526 for now will do.

M1

[Barking Charge]

Re: 2x MET Parking Charge Notices whilst in my own space

Thanks M1. I am a little confused though as ostell mentions above that i'm not "appealing" as i "have nothing to appeal about".
Am i to write to them using the template in your link or will the draft i posted further up be more appropriate?

[mystery1]

Re: 2x MET Parking Charge Notices whilst in my own space

I'd appeal because it's the easiest way to dispose of the matter.

M1

[Barking Charge]

Re: 2x MET Parking Charge Notices whilst in my own space

Thanks M1.

They've sent me popla codes now. Shall i just go ahead and just go through the appeal process or is there anything else I should do before starting that?

Sorry for all the questions but I don't want to mess anything up. Having to deal with this is stressing me out a bit tbh.

[mystery1]

Re: 2x MET Parking Charge Notices whilst in my own space

Leave it with me.

M1