MET Parking Services at McDonald's North Acton

[AnnaRam]

Hi people!
I'm new to this site. I am in real need of some advice.

I, the keeper of the vehicle, has been served with a parking fine of £50 from MET Parking Service. If I don't pay within 14 days the charge goes up to £100.

The driver, which I will not mention their name, entered McDonald's North Acton car park at 20:02 on 20th December 2017 and decided to park up and eat the food in the car. They failed to see the signs that state motorists only have a 90 minutes parking limit. According to the letter, the driver was there for 113 minutes, so they stayed 23 minutes later than they were supposed to.
They have proof (transaction screenshots) that they were a paying customer on 20th December 2017. The driver remained inside the vehicle the whole time and left as soon as they had finished eating.

Within their letter they even said "terms and conditions that are displayed on signs in prominent places round the parking area and that those motorists entering the site agree to be bound by"- but how is the driver bound by them if they did not see the signs????

MET Parking Services sent me a picture of my car arriving and leaving. I really do think £50 is really harsh for being a paying customer and 23 minutes over.
Is there anything I can do? Can someone please advise?

[Guest]

Re: MET Parking Services at McDonald's North Acton

Hi, first I would check with the Local Authority most Retail outlets do not pay rates on car parking because parking is free. If you are charged they are operating a car park for profit and must pay rates on the car park. Second the retail outlet normally take a percentage of car parking fees from the operator making them jointly and several liable in law.
Write to the C.E.O of the retail outlet not the company by name as a regular patron of the business holding them personally responsible for your parking charge.
Make it clear he/she has caused you a tort in law as a wrong doer and if the charge is not dismissed you will be making a claim against them personally as remedy for fare and just compensation for their tort.

[ostell]

Re: MET Parking Services at McDonald's North Acton

First of all edit your post so that the identity of the driver cannot be inferred (you haven't read other parking threads), Use "The driver......" etc. You are the keeper.

Post up a copy of the Notice to Keeper you received, redacting out identifying details. But leave the dates in. Smart are often smart enough to cancel when they find a "customer" who is giving them grief.

The have to comply with all the requirements of paragraph 9 of POFA to be able to hold you, the keeper, liable for the actions of the unknown driver. Here's a link to POFA for you to look at

Have you had a word with the manager, taking in proof of your custom? He might just cancel.

P.S. You have not been served with a fine, a private parking company cannot issue a fine. What you have is a speculative invoice for an alleged breach of the parking conditions on site.


@cotswoldtony They are no charging for parking, what is being asked is, as I said, and invoice for a breach of the agreed conditions. Not normal for the business to take a percentage of the parking charge. The PPCs do it for free as long as they keep the charges for alleged breaches. Why has landowner committed a tort? The person that parked possibly breached the conditions of the parking contract they agreed to, a contract given by the signs and acceptance by performance.

[Kati]

Re: MET Parking Services at McDonald's North Acton

[MENTION=5553]charitynjw[/MENTION] and [MENTION=39331]ostell[/MENTION] will definitely help you to appeal this pcn (they're great at it lol) ... can you post up redacted copy of the Notice To Keeper [MENTION=112306]AnnaRam[/MENTION]??

[AnnaRam]

Re: MET Parking Services at McDonald's North Acton

Heya so sorry I was having difficulty uploading the image. Please see attached

image1.jpg
I don't know if this is clear enough.

What manager do you mean the McDonald's manager?

- - - Updated - - -

Please see my latest thread. I'm sorry I am still new to this site

- - - Updated - - -

Does anyone know how I can appeal this notice?

[charitynjw]

Re: MET Parking Services at McDonald's North Acton

The NtK is out of time for transfer of liability from the driver to registered keeper.

Do not ID the driver.

Send the parking co a letter from the RK, stating the above, & refer them to the Protection of Freedoms Act 2012, Schedule 4, section 9.
Tell them to take up their complaint with the relevant driver (but DO NOT say who it was), & demand that they remove all data re the RK from their database.

No-one has any legal obligation whatsoever to ID the driver, esp in the 'private parking' world.

[AnnaRam]

Re: MET Parking Services at McDonald's North Acton

[MENTION=5553]charitynjw[/MENTION]

Something like this?

Dear Sirs,


I, as registered keeper, wish to invoke your appeals procedure. Please refer to the Protection of Freedoms Act 2012, Schedule 4, section 9.
Please take up your complaint with the relevant driver and please remove all of my details off of your database.


I will not name the driver as I am under no statutory obligation to do so.


Please accept my apeal or supply a popla code.


Yours faithfully

[ostell]

Re: MET Parking Services at McDonald's North Acton

Add, after database, a request to confirm removal

Forget about the line with accept appeal

[charitynjw]

Re: MET Parking Services at McDonald's North Acton

As [MENTION=39331]ostell[/MENTION] says, you are telling them that they are out of luck for transfer of liability.
If they want to play silly beggars & refuse to uphold that, then on their own heads be it!

[AnnaRam]

Re: MET Parking Services at McDonald's North Acton

[MENTION=39331]ostell[/MENTION]

Lovely! thank you so much for your help. I have sent me appeal off online. They said they'll try to get back to me within 14 days of receipt of appeal but most times they are not able to and may take up to 35 days.

[AnnaRam]

Re: MET Parking Services at McDonald's North Acton

[MENTION=5553]charitynjw[/MENTION]

You have helped me so much in this matter. Thank you!
I will keep you posted on what their response is (hopefully they get back to me within 14 days)

[ostell]

Re: MET Parking Services at McDonald's North Acton

Met have, according to their CoP, have 35 days to get back to you one way or the other. If it gets past 35 days youwrite to them and tell them that because of the delay past 35 days your appeal is now assumed to have been successful.

[AnnaRam]

ostell @charitynjw

So they got back to me saying:

"under the protection of freedoms act we are able to hold the registered keeper responsible where we do not know the drivers details. we invite you again to provide the drivers details however if we do not receive these we would hold the registered keeper liable.

this decision which has been based on the facts of the case and takes into account our consideration of mitigating circumstances, is out final decision"

Then they go on by saying I have 2 options: tell them the drivers details and get them to pay £50 within 14 days from the date of the letter. if its not paid within 14 days it goes up to £100

or make an appeal to POPLA

Can you guys please advise what I can do?

[ostell]

Ignore the letter, they are hoping that the offer of £50 will be tempting enough to solicit a payment. Wait and see what comes back, unless you have got a POPLA code in that letter. Basically they know they are going to lose as they don't know the driver (and you're not going to tell them !) and are trying to make the £50 sound like a generous offer. Not a bargain compared to £0.

Count down to 35 days continues.

[AnnaRam]

ostell

they gave me a verification code:

" make an appeal to POPLA, the independent appeals service, within 28 days of the date of this letter by going to the online appeals system at: www.popla.co.uk using verficiation code: 38602980**. Please note that POPLA will consider"

Shall I just ignore them then?