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Dear all,
I'm hoping you can help.
The keeper received a PCN:
The keeper complained to the McDonald's branch, but got no joy.
The keeper then appealed to MET using this template from here
The keeper added into the appeal that one of the occupants of the car at the time the PCN was issued suffers from a long-term debilitating condition and, as such, MET are required to allow a 'reasonable adjustment' (Equality Act, 2010), in the form of extra time.
The keeper then received this letter from MET, rejecting their appeal:
Not only have they not addressed the keeper's debilitating long-term condition point alongside addressing other points the keeper raised in their appeal, but the 'photo' is a digital image of a sign at a different MET location, with different time restriction: the keeper requested 'all images taken of this vehicle & the signs at the location that day' in their appeal letter.
How would be the best way to proceed with the keeper's POPLA appeal, since this is the next stage?
Many thanks!
I'm hoping you can help.
The keeper received a PCN:
The keeper complained to the McDonald's branch, but got no joy.
The keeper then appealed to MET using this template from here
Re PCN number:
I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.
There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established inParkingEye Ltd v Beavis, which is fully distinguished.
Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.
Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).
I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.
Formal note:
Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.
Yours faithfully,
THE NAME AND POSTAL ADDRESS OF THE KEEPER (OR THE HIRER/LESSEE) GOES HERE. THE DRIVER IS NOT IDENTIFIED.
DO NOT PUT YOUR NAME HERE INSTEAD, IF YOU ARE NOT THE KEEPER/HIRER/LESSEE. YOU ARE NOT HELPING IF YOU DO THIS WRONG BY APPEALING IN THE WRONG NAME!
NO NEED TO USE YOUR REAL SIGNATURE - BUT DON'T POST IT BY ROYAL MAIL UNLESS YOU HAVE NO OTHER OPTION ON THE PCN. CERTAINLY NOT BY RECORDED DELIVERY - FORGET THAT! - ALWAYS USE THE ONLINE APPEAL PAGE - OR EMAIL IF OFFERED AS AN OPTION ON THE NOTICE - BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP PROOF/ A SCREENSHOT
You can (carefully!) add a little to the template above, 'in order to resolve the dispute I attach copies of...':
- the driver's receipts/bank transactions (or Hospital Appointment/Hotel booking, etc.) that day as 'they' were a genuine customer/patient, etc.
- If an occupant of the car is disabled or elderly/infirm, then the keeper can add that, without implying who was driving. A copy of the Blue Badge (BB) is a good idea to upload/attach, but a person with a long-term debilitating condition (not a broken arm!) can be disabled without a BB, and will be legally entitled to a 'reasonable adjustment'. That can and should include an extension of time, over and above free or paid-for parking time.
I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.
There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established inParkingEye Ltd v Beavis, which is fully distinguished.
Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.
Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).
I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.
Formal note:
Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.
Yours faithfully,
THE NAME AND POSTAL ADDRESS OF THE KEEPER (OR THE HIRER/LESSEE) GOES HERE. THE DRIVER IS NOT IDENTIFIED.
DO NOT PUT YOUR NAME HERE INSTEAD, IF YOU ARE NOT THE KEEPER/HIRER/LESSEE. YOU ARE NOT HELPING IF YOU DO THIS WRONG BY APPEALING IN THE WRONG NAME!
NO NEED TO USE YOUR REAL SIGNATURE - BUT DON'T POST IT BY ROYAL MAIL UNLESS YOU HAVE NO OTHER OPTION ON THE PCN. CERTAINLY NOT BY RECORDED DELIVERY - FORGET THAT! - ALWAYS USE THE ONLINE APPEAL PAGE - OR EMAIL IF OFFERED AS AN OPTION ON THE NOTICE - BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP PROOF/ A SCREENSHOT
You can (carefully!) add a little to the template above, 'in order to resolve the dispute I attach copies of...':
- the driver's receipts/bank transactions (or Hospital Appointment/Hotel booking, etc.) that day as 'they' were a genuine customer/patient, etc.
- If an occupant of the car is disabled or elderly/infirm, then the keeper can add that, without implying who was driving. A copy of the Blue Badge (BB) is a good idea to upload/attach, but a person with a long-term debilitating condition (not a broken arm!) can be disabled without a BB, and will be legally entitled to a 'reasonable adjustment'. That can and should include an extension of time, over and above free or paid-for parking time.
The keeper then received this letter from MET, rejecting their appeal:
Not only have they not addressed the keeper's debilitating long-term condition point alongside addressing other points the keeper raised in their appeal, but the 'photo' is a digital image of a sign at a different MET location, with different time restriction: the keeper requested 'all images taken of this vehicle & the signs at the location that day' in their appeal letter.
How would be the best way to proceed with the keeper's POPLA appeal, since this is the next stage?
Many thanks!
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