Southgate Park - Stansted McDonalds / Starbucks Car Park

[RobN]

Hi. I've seen various threads about the above but understand that I need to post a separate one for my particular case.

Just as many others have found to their cost, their seems to be an allocation of spaces within this car park specifically for McDonalds as well as Starbucks and other smaller retailers there.

I have received the attached Notice to Registered Keeper which is addressed to me personally as the registered keeper so assume they have already gone to DVLA to obtain my details.

From the pictures on previous posts, it does appear that the driver parked in the "yellow" zone which looks to be for Starbucks customers.

The previous posts have been very enlightening and I wanted to clarify my position and what action (if any) people feel I would need to take.

The key thing I believe is that MET Parking look to have failed to comply with the 14 day notice period as the issue of the notice was 21 calendar days from the date of the supposed contravention. This does look to be fairly fundamental but again would seek guidance here.

Unfortunately the driver lives too far away from Stansted to revisit and take their own photos but hope that those from other members will show what signage is around the site.

Any guidance and advice would be greatly appreciated

Many thanks

[ostell]

First of all edit your post so that the identity of the driver cannot be inferred. This is very important. Use "the driver ....."etc.

The NTK is certainly not compliant with POFA and so they cannot hold the keeper liable for the actions of the driver. They can only take action against the driver, who they currently they do not know unless you tell them.

This letter should do:

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the prescribed relevant period of 14 days, contrary to section 9 (4) of the Act. You cannot therefore transfer liability from the driver at the time to me.

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


There are other failures but leave them for POPLA if they don't cancel on the letter.

[RobN]

First of all edit your post so that the identity of the driver cannot be inferred. This is very important. Use "the driver ....."etc.

The NTK is certainly not compliant with POFA and so they cannot hold the keeper liable for the actions of the driver. They can only take action against the driver, who they currently they do not know unless you tell them.

This letter should do:

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the prescribed relevant period of 14 days, contrary to section 9 (4) of the Act. You cannot therefore transfer liability from the driver at the time to me.

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


There are other failures but leave them for POPLA if they don't cancel on the letter.

Hi ostell

Thanks for your reply to my thread back in September. Despite my letter to MET Parking which you kindly suggested, they have come back again to say that they have rejected the appeal and giving me 14 days to pay £60 or I can appeal via POPLA but if they also reject the appeal, the fine will increase to £100. I appreciate that they failed to get the notice to me within the agreed 14 days and you also mention there are other things that could also be highlighted.

I'm not sure how POPLA look at this but really don't want to have to pay £100 and would be grateful for advice on whether, based on their failure to comply with 14 day notice period, they would uphold my appeal or if this isn't enough on its own. Of course, wouldn't hold you to any advice!!!!

Half of me just feels like saying "s*d it - I'm going to pay simply to get this over and done with and avoid any more stress" but other half says "that's exactly why they send these letters out to prey on peoples fear factor". Dilemma!

Many thanks in advance

[ostell]

POPLA will look at it from "has the driver been identified" if so then the driver is liable then "Have PPC complied with POFA" If no then there can be no keeper liability. Here's a similar case which contains a suggested response to POPLA. Here's POFA so you can check the requirements to what they put in the PCN

[RobN]

Hi ostell

Please would you have a look over my draft response to POPLA below to see if this needs amending in any way?

Many thanks again for your help

Parking draft response.docx

[ostell]

In the POFA failure section (by the way it is Schedule 4 not paragraph 4) then don't just list the contents of paragraph 9 but just specifically state the section that they failed and why. For example failed 9 (4) of the act by failing to deliver the Notice to Keeper within the relevant period of 14 days, as defined by 9 (5). The parking was on the 16th August and the notice sent on the 6th September, a Thursday.. There is also 2 working days for delivery as per 9 (6) so an overall period of 25 days.

Then specifically describe the other POFA failures.

Treat POPLA as 5 year olds who have to have everything explained to them.