parking charge notice - southgate park

[Loom89]

Hi, I am new to all this so any help is much appreciated!

MET parking services have issued a Parking charge notice after the registered vehicle visited a McDonalds near Stansted Airport. Southgate Park is the site/address and it has a McDonalds and Starbucks next to each other. When entering the road you first come to McDonalds, the car park is small and was full up. The driver then continued down the same road to some more spaces, closer to Starbucks. Both restaurants are next to each other with just the drive thru lanes separating them. The signage to the site is very unclear with one sign saying "60 mins free stay for customers only" with one other saying "Starbucks customers only" which is now only visible after searching google maps!

The driver parked and walked into McDonalds. They have issued a £100 fine for "vehicle left in Southgate park car park without payment made for parking and occupants left Southgate park premises". Anyone who knows it, or looks on Google street view will see there is no clear indication these are different "sites/premises" There is one access road, in and out, plus nowhere to pay. Online they have CCTV images of the driver leaving the car and walking to McDonalds. They were there probably parked no more than 15 mins.

There was no ticket left on the car, which can also be seen from the evidence images. I have done some research and understand notices from companies using ANPR should be issued within 14 days of the offence, this was issued 4 weeks after. This is also a "notice to registered keeper" and are requesting me to inform them who the driver was.

Do we have any chance of fighting this? I have included an aerial view of the site and how close the two of them are from the street view!

Thanks!

[Eva22]

Hi, I have the exactly the same case as yours. I really hope someone can help you. I already appealed to MET but of course they rejected so I need advise what is the best letter to send to POPLA.
I think what MET parking company do it's a ripp of at Stansted and don't understand why I should to pay if both parking is belong to MET and both offer 1 hour free parking.
Good luck hope we got some reply soon.

[Loom89]

Hi, I have the exactly the same case as yours. I really hope someone can help you. I already appealed to MET but of course they rejected so I need advise what is the best letter to send to POPLA.
I think what MET parking company do it's a ripp of at Stansted and don't understand why I should to pay if both parking is belong to MET and both offer 1 hour free parking.
Good luck hope we got some reply soon.

If it helps your case, the address for the McDonalds itself is listed as "Southgate" (however not Southgate Park) which may help an argument that both restaurants are on the same "site" and you didn't leave the premises. I have no knowledge if that will help but agree its ridiculous how they think these fines are acceptable!

[ostell]

The first thing to do is edit your post so that the identity of the driver cannot be inferred. One parking company has already told a poster on Pepipoo that they have identified his thread and noted his comments. That case is going to be difficult to recover.

This location gets a regular outing on the Pepipoo private Parking forums. With no windscreen ticket and the Notice to Keeper arriving after 14 days then there can be no transfer of liability to the keeper. A simple BOGOFF response. But if they know the driver then all bets are off.

The wording of the Notice to Keeper frequently fails to comply with the requirements of POFA, another fail. Post up the PCN, with identifying details redacted, but leave the dates.


EDIT: In answer to Eva MET don't own the car park, they are contracted by the site owners.

[Loom89]

Thank you OSTELL. I have attached the letter I have received, blocking identifying info, hope they are clear enough.

[ostell]

Quick BOGOFF

Dear sirs,

Re Notice to Keeper xxxxxx

I am the registered keeper of the vehicle xxxxxx. As the keeper I cannot be held responsible for the actions of the driver at the time of the alleged breach as you have failed to comply with the requirements of Schedule 4 of The Protection of Freedoms Act 2012 to be able to transfer liability to me, namely, but not limited to, failing to deliver the Notice to Keeper to me within the relevant period of 14 days as mandated by section 9 (4). There is no legal requirement to identify the driver at the time and I will not be doing so.

I do not expect to hear from you again, other than to confirm that there will be no further action against me on this matter and my personal details have been removed from your records as you cannot possibly have any further need to retain them.

Yours etc

Now you see why the edit,

Here's the POFA regulations, A quick check will show other items that are not there, specifically 9 (2) (f). There are probably others but I didn't look further.

[Loom89]

Thank you very much!! Yes I actually thought about changing it after I posted so thank you for clarifying. Let’s see how this goes.

[ostell]

They won't cancel but will give you a POPLA code and you then appeal to POPLA. In these circumstances POPLA should uphold any appeal you make, unless they are having a particularly stupid or thick day.

For Eva:---- If you start a thread of your own, either here or Pepipoo forum, then someone will help but you'l have to detail the work done so far. Don't keep on this thread, it only confuses things

[Loom89]

[QUOTE=ostell;n1408975]They won't cancel but will give you a POPLA code and you then appeal to POPLA. In these circumstances POPLA should uphold any appeal you make, unless they are having a particularly stupid or thick day.

Hi Ostell
I have had a letter back as expected they have rejected the appeal. I checked the POPLA appeal process and wanted to see if I should be selecting the appeal reason: I was not the driver or the registered keeper of the vehicle at the time of the alleged improper parking.
Or if I should use my own wording under "other".
Any further advise you have would be much appreciated.

[ostell]

Use "other"

Post up your POPLA appeal here for critique before you send it.

[Loom89]

Use "other"

Post up your POPLA appeal here for critique before you send it.

I have put this together and appreciate any comments you have to make.


"I am writing to appeal against a parking charge notices issued by MET Parking services, a copy of which is attached. I received this notice as the registered keeper of the vehicle 11/06/2018.

The notice to keeper sent to myself was issued on 08/06/2018, when the actual date of event is recorded as 17/05/2018, a difference of 4 weeks.

As the keeper I cannot be held responsible for the actions of the driver at the time of the alleged breach as MET Parking Services failed to comply with the requirements of Schedule 4 of The Protection of Freedoms Act 2012 to be able to transfer liability to me, failing to deliver the Notice to Keeper to me within the relevant period of 14 days as mandated by section 9 (4)(5).

As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time."

[ostell]

That should do it. It may still get rejected but it will stand in good stead if it gets to court.

[Loom89]

Hi Ostell
thanks for you help with this, my appeal to POPLA was approved and no further action taken and no fine to pay!

[sruno1]

Hi Ostell,
I have had the exact same incident as Loom89 above. I just received my letter and it is a month after the date. I have seen the BOGOFF letter you suggested to send. Just a quick question, on the two bits where you have put xxxxx is that to put in the number plate of the car? Do I need to include the parking charge notice number? Also If I am to post the letter to them I am assuming I don't sign of with my name and don't put my address on the top right corner. Apologies if they are stupid questions!! Thank you

[ostell]

You shouldn't really confuse someone else's thread but should have started your own thread. If you don't put in the details then how are they going to know what incident you are appealing about? They already know your name and address otherwise you would not have got the Notice to Keeper.

one of the xxxx is the PCN number the other is the vehicle VRM. I do not know what they were hence the xxxxx