MET PCN BP Station Stansted

[Gomarez]

Hi All,

I was hoping someone would would be able to advise me.

On the 17.09.18 a flight was delayed by almost 3 hours. The driver went to the BP Station to get a drink then thought actually they would prefer something hot so left and went to McDonald’s.

The driver had a bite and stayed in the car for a while, but tried to make sure they left before the hours free parking had lapsed.

The driver entered and re-entered the car park a number of times, thinking if they left, go for a small drive and return, the hour would restart giving me another hour.

The driver was driving the registered keepers car that night. They home really late at night and didn’t think any more of it.

Until the registered keeper this week received a PCN reminder of £100 saying they hadn’t paid the charge and that the appeal process was now no longer applicable as they had not responded in time.

They never received this first ticket!! They've asked registered keeper numerous times but they are adamant the notification was never received.


The PCN reference they have on the reminder can’t be used on the MET website and the registered keeper has no way of contacting these people. Is the registered keeper or driver liable for this ticket?



Please help!!

[ostell]

So edit that post so that the identity of the driver cannot be inferred. use "the driver ....."etc

So the keeper of the car sends this to SMART


Dear Sirs,

I have just received your reminder for Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012, namely failing to deliver a notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name 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


Send to SMART first class post and get a free certificate of posting from a Post Office

[Gomarez]

Hi Ostell/Other forum advisers,

Thank you for your response above.

Would you be kind enough to advise again?

Thank you in advance!

Guhar

[des8]

Whilst waiting for ostell whose not on line at the mo' I suggest you redact that letter to remove your name and other identifying marks.

Possibly go back and tell them to read your letter and follow the advice given in Pressdram vs Arkell

[paulajayne]

Possibly go back and tell them to read your letter and follow the advice given in Pressdram vs Arkell

Great advice.

[ostell]

Yes, go back to them, point out that any time limit is a limit of their own making and go back and read your original letter to see why you are not liable and continuing on the matter is harassment.

Much as I'd love to point them at Pressdram it would not look too well if it went further.

And you have not taken the advice to edit your first post. It is probably too late now unless you flag the moderators,

[Gomarez]

Yes, go back to them, point out that any time limit is a limit of their own making and go back and read your original letter to see why you are not liable and continuing on the matter is harassment.

Much as I'd love to point them at Pressdram it would not look too well if it went further.

And you have not taken the advice to edit your first post. It is probably too late now unless you flag the moderators,

Hi All of you,

thank you again for your prompt advice.

Ostell - please forgive me, I am a little confused.

I did edit the response above and sent it to them as you suggested. I have supplied their response above.

Have a done something wrong?

[ostell]

No you done nothing wrong, they just do not want to give up that money they are expecting from you but with failing to get the notice to you within 14 days then they know they are on hiding to nothing.

The editing is to the first post you made in this thread. If they know the identity of the driver then they can continue against the driver and no end of excuses by the keeper will work.

You can also ask them to send a POPLA code.

[Gomarez]

Thanks Ostell - you're very patient! My colleague has just told me to edit the post as you have mentioned. I miss-understood but he has recently gone through a similar process. I hope it's correct now?

I have amended the above.

May I just confirm the next step is to write them another letter as the registered keeper pointing out the time limit and also requesting a POPLA code?

[ostell]

Yes send that letter about the time being a limit of their own invention, fully read and comprehend the last letter sent and ask for a POPLA code or else shutup. Keep clear of Pressdram !!!! (I presume you've looked it up.)

[malachi]

Gomarez You need to delete the file attached in the third post!

[Gomarez]

malachi GOOD LOOKING OUT! Thank you.

ostell - I did read up on the case law and I think for now your advice is the way forward and we will see what the out come is.

THANK YOU TO ALL OF YOU FOR YOUR HELP!

YOU HAVE ALL BEEN VERY KIND!

HAVE A LOVELY WEEKEND AND HAPPY NEW YEAR - will keep you guys posted!

[Gomarez]

Hi ostell - Happy New Year!

Before a response could be sent to MET - they have authorised a debt collection company to contact me demanding payment.

May I just check that I am still sending the response as advised? Stating that their time frame was a fabrication and that they are to take notice of the previous response (which was copied and pasted in the body of the letter again) and that they either send me a POPLA code or refrain from contacting further.

Does the debt collection agency need any kind of communication?

I will go to the post office tomorrow on my lunch break.

Thanks again for your support.

[ostell]

Just get that letter sent off, with the comment about the limit being of their own making. Ignore debt collectors.

Do not ignore a letter before claim, but I don't think it will get to that.

[Gomarez]

Hi ostell - response revived from MET saying thanks for the letter. They will no longer carry on with correspondence and any other correspondence should be made via the debt collection agency.

The debt collectors have contacted as above but nothing further yet.

Slightly concerned that a collection agency will attend the property.

Should they continue to be ignored?

Thank you.